Home/Case Law/ERNIE PACHECO vs. LAURIE RECHTEGER OSBORN, FARMERS INSURANCE
Regular DecisionReconsideration

ERNIE PACHECO vs. LAURIE RECHTEGER OSBORN, FARMERS INSURANCE

Filed: Apr 02, 2012
San Luis Obispo
ADJ7934881

CompFox AI Summary

This case concerns Ernie Pacheco, a handyman who sustained an injury on September 8, 2008, while working. The defendant, Laurie Rechteger Osborn and Farmers Insurance, petitioned for reconsideration of the original findings and award, arguing Pacheco did not meet the 52-hour threshold for coverage in the 90 days prior to his injury. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report and recommendations. The WCJ found the defendant mischaracterized the applicant's testimony regarding hours worked, concluding that Pacheco did, in fact, exceed 52 hours when including all tasks. The Board gave great weight to the WCJ's credibility determination.

Full Decision Text1 Pages

This case concerns Ernie Pacheco, a handyman who sustained an injury on September 8, 2008, while working. The defendant, Laurie Rechteger Osborn and Farmers Insurance, petitioned for reconsideration of the original findings and award, arguing Pacheco did not meet the 52-hour threshold for coverage in the 90 days prior to his injury. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report and recommendations. The WCJ found the defendant mischaracterized the applicant's testimony regarding hours worked, concluding that Pacheco did, in fact, exceed 52 hours when including all tasks. The Board gave great weight to the WCJ's credibility determination.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.