CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied Maribel Hernandez's petition for reconsideration. The WCAB adopted the reasoning of the WCJ, who found that the applicant did not sustain an injury arising out of and in the course of employment (AOE/COE). This decision was based on the totality of the record, including inconsistencies in the applicant's testimony regarding symptom onset and information provided to her physician, as well as her delay in seeking medical treatment and not missing work. The WCAB deferred to the WCJ's credibility findings, which it found were not arbitrary, and determined that Dr. Hunt's report did not constitute substantial evidence due to its failure to incorporate subsequent medical findings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied Maribel Hernandez's petition for reconsideration. The WCAB adopted the reasoning of the WCJ, who found that the applicant did not sustain an injury arising out of and in the course of employment (AOE/COE). This decision was based on the totality of the record, including inconsistencies in the applicant's testimony regarding symptom onset and information provided to her physician, as well as her delay in seeking medical treatment and not missing work. The WCAB deferred to the WCJ's credibility findings, which it found were not arbitrary, and determined that Dr. Hunt's report did not constitute substantial evidence due to its failure to incorporate subsequent medical findings.
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