Home/Case Law/ROSALIO MARIN vs. BUTLER BOX & STAKE, INC.; ICW GROUP/EXPLORER INSURANCE COMPANY
Regular DecisionReconsideration

ROSALIO MARIN vs. BUTLER BOX & STAKE, INC.; ICW GROUP/EXPLORER INSURANCE COMPANY

Filed: Sep 30, 2014
Marina Del Rey
ADJ8832276

CompFox AI Summary

The Workers' Compensation Appeals Board denied Rosalio Marin's petition for reconsideration. The Board adopted the administrative law judge's report, which found Marin's testimony regarding his job duties and cumulative trauma injury to be non-credible. While the Board acknowledged the claim was presumed compensable under Labor Code section 5402, it found this presumption had been rebutted by the evidence presented. The judge's credibility findings, crucial in such cases, were given significant weight.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Rosalio Marin's petition for reconsideration. The Board adopted the administrative law judge's report, which found Marin's testimony regarding his job duties and cumulative trauma injury to be non-credible. While the Board acknowledged the claim was presumed compensable under Labor Code section 5402, it found this presumption had been rebutted by the evidence presented. The judge's credibility findings, crucial in such cases, were given significant weight.

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