Home/Case Law/JOSE G. HERNANDEZ vs. LABORERS INTERNATIONAL UNION OF NORTH AMERICA, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

JOSE G. HERNANDEZ vs. LABORERS INTERNATIONAL UNION OF NORTH AMERICA, STATE COMPENSATION INSURANCE FUND

Filed: May 02, 2011
San Francisco
ADJ1742598 (SDO 0321754)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's finding that the applicant did not sustain industrial injury to his heart, psyche, or internal organs. The Board found the applicant's medical expert's opinion to be unsubstantial as it was based on an incomplete and inaccurate medical history provided by the applicant. Conversely, the Board found the defendant's QME's well-reasoned and thorough medical opinions, which considered extensive non-industrial risk factors, constituted substantial evidence to support the WCJ's decision. Therefore, the applicant failed to meet his burden of proof for an industrial injury.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's finding that the applicant did not sustain industrial injury to his heart, psyche, or internal organs. The Board found the applicant's medical expert's opinion to be unsubstantial as it was based on an incomplete and inaccurate medical history provided by the applicant. Conversely, the Board found the defendant's QME's well-reasoned and thorough medical opinions, which considered extensive non-industrial risk factors, constituted substantial evidence to support the WCJ's decision. Therefore, the applicant failed to meet his burden of proof for an industrial injury.

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