CompFox AI Summary
The Workers' Compensation Appeals Board denied reconsideration of a decision barring applicant Javier Espinoza from benefits. The WCAB adopted the WCJ's report finding Espinoza lacked credibility and did not sustain his burden of proving an industrial injury. The WCJ's credibility findings, given great weight, were based on Espinoza's attributed work-related symptoms and his seeking medical treatment months after termination and subsequent self-employment. The Board also noted that while Espinoza's employer may not have complied with all notice requirements, this was irrelevant as no industrial injury was found.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied reconsideration of a decision barring applicant Javier Espinoza from benefits. The WCAB adopted the WCJ's report finding Espinoza lacked credibility and did not sustain his burden of proving an industrial injury. The WCJ's credibility findings, given great weight, were based on Espinoza's attributed work-related symptoms and his seeking medical treatment months after termination and subsequent self-employment. The Board also noted that while Espinoza's employer may not have complied with all notice requirements, this was irrelevant as no industrial injury was found.
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