Home/Case Law/JOSE BARRIENTOS vs. MARK GREENBERG, ALLSTATE INSURANCE COMPANY, SEDGWICK CMS
Regular DecisionReconsideration

JOSE BARRIENTOS vs. MARK GREENBERG, ALLSTATE INSURANCE COMPANY, SEDGWICK CMS

Filed: Jun 22, 2012
Los Angeles
ADJ6950787

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the administrative law judge (WCJ) abused discretion by finding the applicant credible, specifically regarding the duration of employment to exclude him from employee status under Labor Code §3352(h). The WCJ adopted the report recommending denial, emphasizing applicant's credible testimony regarding hours worked and pay, and finding the defendant's testimony less reliable due to a lack of direct knowledge. The Board extended great weight to the WCJ's credibility findings, affirming the denial of reconsideration.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant argued the administrative law judge (WCJ) abused discretion by finding the applicant credible, specifically regarding the duration of employment to exclude him from employee status under Labor Code §3352(h). The WCJ adopted the report recommending denial, emphasizing applicant's credible testimony regarding hours worked and pay, and finding the defendant's testimony less reliable due to a lack of direct knowledge. The Board extended great weight to the WCJ's credibility findings, affirming the denial of reconsideration.

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