CompFox AI Summary
The Workers' Compensation Appeals Board denied Ruby Vargas' petition for reconsideration, upholding the WCJ's finding that she did not sustain a compensable injury. The employer successfully argued Labor Code section 3600(a)(10) because Vargas failed to report her alleged injury prior to receiving notice of her termination. The Board found the WCJ's credibility determinations, favoring the employer's witnesses who testified Vargas did not report an injury, were supported by the record. Furthermore, Vargas' attempt to introduce newly discovered witness testimony was rejected as it could have been discovered with reasonable diligence prior to the hearing.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Ruby Vargas' petition for reconsideration, upholding the WCJ's finding that she did not sustain a compensable injury. The employer successfully argued Labor Code section 3600(a)(10) because Vargas failed to report her alleged injury prior to receiving notice of her termination. The Board found the WCJ's credibility determinations, favoring the employer's witnesses who testified Vargas did not report an injury, were supported by the record. Furthermore, Vargas' attempt to introduce newly discovered witness testimony was rejected as it could have been discovered with reasonable diligence prior to the hearing.
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