ESTELA GRANADIO vs. ALPHA PHI INTERNATIONAL FRATERNITY, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, CNA CLAIMS PLUS
The Workers' Compensation Appeals Board denied reconsideration of a decision that found Applicant Estela Granadino did not sustain injury arising out of and occurring in the course of employment. The Board adopted the Administrative Law Judge's report, which concluded the Labor Code §5402(b) presumption of compensability did not apply because the claim forms were not properly filed with the employer. Furthermore, the Judge found Applicant's medical evidence insufficient and her testimony not credible, thus failing to meet her burden of proof. The denial of reconsideration also upheld the specific injury claim's bar by the post-termination defense.