MARIO FABELA vs. STAFFMARK INVESTMENT, LLC, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA
The Workers' Compensation Appeals Board denied Mario Fabela's petition for reconsideration of a decision that found he did not sustain an injury arising out of and in the course of employment. The Board adopted the judge's report, which found Fabela's testimony lacked credibility, particularly in light of surveillance video showing him performing various physical activities with little difficulty two months after the alleged fall. Medical evidence also questioned the extent of his reported symptoms, noting negative diagnostic tests. Therefore, the Board concluded the evidence did not justify the applicant's claim for an industrial injury.