Home/Case Law/OMAR A. ATILANO vs. BURKETT'S POOL PLASTERING, INC., CALIFORNIA CONTRACTORS NETWORK, AMERICAN CLAIMS MANAGEMENT
Regular DecisionOpinion and Order Denying Petition for Reconsideration

OMAR A. ATILANO vs. BURKETT'S POOL PLASTERING, INC., CALIFORNIA CONTRACTORS NETWORK, AMERICAN CLAIMS MANAGEMENT

Filed: Feb 13, 2023
Stockton
ADJ16048168

CompFox AI Summary

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the original decision. The Board gave great weight to the Workers' Compensation Judge's credibility determination, finding no substantial evidence to warrant overturning it. The judge's report addressed the defendant's arguments that the Qualified Medical Evaluator's (QME) opinion lacked substantial evidence, finding consistency in the injury history and that the QME's report was indeed substantial evidence. The Board also concluded that a prior work release was not material to the temporary disability awarded from a later date, affirming the original award.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied a petition for reconsideration, upholding the original decision. The Board gave great weight to the Workers' Compensation Judge's credibility determination, finding no substantial evidence to warrant overturning it. The judge's report addressed the defendant's arguments that the Qualified Medical Evaluator's (QME) opinion lacked substantial evidence, finding consistency in the injury history and that the QME's report was indeed substantial evidence. The Board also concluded that a prior work release was not material to the temporary disability awarded from a later date, affirming the original award.

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