Home/Case Law/RUBEN CUBIAS vs. AMERICAN COMMERCIAL SECURITY SERVICES (ABM INDUSTRIES, INCORPORATED), PSI, Administered By ACE/ESIS
Regular DecisionReconsideration

RUBEN CUBIAS vs. AMERICAN COMMERCIAL SECURITY SERVICES (ABM INDUSTRIES, INCORPORATED), PSI, Administered By ACE/ESIS

Filed: Apr 23, 2010
San Francisco
ADJ6821372

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award granted to Ruben Cubias. The Board adopted the Administrative Law Judge's report, which found the applicant was not the initial physical aggressor in an assault by a co-worker. The defendant's petition was also defective for failing to serve all lien claimants as required by WCAB rules. The Board affirmed the applicant's entitlement to benefits based on the evidence and the judge's credibility findings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award granted to Ruben Cubias. The Board adopted the Administrative Law Judge's report, which found the applicant was not the initial physical aggressor in an assault by a co-worker. The defendant's petition was also defective for failing to serve all lien claimants as required by WCAB rules. The Board affirmed the applicant's entitlement to benefits based on the evidence and the judge's credibility findings.

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RUBEN CUBIAS vs. AMERICAN COMMERCIAL SECURITY SERVICES (ABM INDUSTRIES, INCORPORATED), PSI, Administered By ACE/ESIS (2010) – San Francisco | CompFox