Home/Case Law/ vs. LAMPS PLUS, OLD REPUBLIC INSURANCE
Regular DecisionReconsideration

vs. LAMPS PLUS, OLD REPUBLIC INSURANCE

Filed: Nov 19, 2012
Marina Del Rey
ADJ7898288

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of a "take nothing" award for an applicant claiming cumulative trauma injury. The Board adopted the WCJ's report, which found the applicant failed to meet his burden of proof due to inconsistent testimony and unreliable medical evidence. The WCJ's credibility findings, based on the applicant's demeanor and conflicting statements regarding his medical history and work absences, were given great weight. Consequently, the Board concluded that the evidence did not demonstrate a cumulative trauma injury arising out of and in the course of employment, and further development of the medical record was not warranted.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of a "take nothing" award for an applicant claiming cumulative trauma injury. The Board adopted the WCJ's report, which found the applicant failed to meet his burden of proof due to inconsistent testimony and unreliable medical evidence. The WCJ's credibility findings, based on the applicant's demeanor and conflicting statements regarding his medical history and work absences, were given great weight. Consequently, the Board concluded that the evidence did not demonstrate a cumulative trauma injury arising out of and in the course of employment, and further development of the medical record was not warranted.

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