Home/Case Law/WILLIBALDO DURAN ESCANDON vs. VALLEYCREST LANDSCAPING MAINTENANCE, CHUBB GROUP OF INSURANCE, ESIS
Regular DecisionReconsideration

WILLIBALDO DURAN ESCANDON vs. VALLEYCREST LANDSCAPING MAINTENANCE, CHUBB GROUP OF INSURANCE, ESIS

Filed: Mar 06, 2018
San Jose
ADJ10362335

CompFox AI Summary

The Workers' Compensation Appeals Board denied reconsideration of a Findings and Award, upholding the Administrative Law Judge's decision. The Applicant alleged a left shoulder injury sustained while employed as a landscaper on February 25, 2016. The Board found the WCJ's credibility determinations, based on observing witnesses, to be sound and supported by substantial evidence. The WCJ appropriately admitted an employer letter rebutting testimony about the date of injury and employment. Medical evidence from Dr. McCreesh supported an industrial injury, while Dr. Poon's opinions were deemed speculative and inflammatory.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied reconsideration of a Findings and Award, upholding the Administrative Law Judge's decision. The Applicant alleged a left shoulder injury sustained while employed as a landscaper on February 25, 2016. The Board found the WCJ's credibility determinations, based on observing witnesses, to be sound and supported by substantial evidence. The WCJ appropriately admitted an employer letter rebutting testimony about the date of injury and employment. Medical evidence from Dr. McCreesh supported an industrial injury, while Dr. Poon's opinions were deemed speculative and inflammatory.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.