CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the finding that she did not sustain a specific industrial back injury in November 2005. The Board found no contemporaneous medical evidence supporting a work-related injury, and the WCJ found the employer's witnesses more credible than the applicant regarding the timing of the injury report. While the WCJ's reliance on an out-of-court statement was improper, it was deemed harmless error as the applicant failed to meet her burden of proving industrial causation. Therefore, the petition for reconsideration was denied based on the lack of substantial evidence to overturn the original findings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of the finding that she did not sustain a specific industrial back injury in November 2005. The Board found no contemporaneous medical evidence supporting a work-related injury, and the WCJ found the employer's witnesses more credible than the applicant regarding the timing of the injury report. While the WCJ's reliance on an out-of-court statement was improper, it was deemed harmless error as the applicant failed to meet her burden of proving industrial causation. Therefore, the petition for reconsideration was denied based on the lack of substantial evidence to overturn the original findings.
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