CompFox AI Summary
The Workers' Compensation Appeals Board affirmed a prior finding that applicant sustained a low back injury while employed as a cement truck driver. Despite applicant's delay in reporting the injury and prior inconsistent statements regarding previous industrial injuries, the Board found his trial testimony credible. The Board relied on the administrative law judge's credibility determination, supported by the QME report, to conclude that the applicant met his burden of proving injury arising out of and in the course of employment. A dissenting commissioner argued that inconsistencies and prior claims warranted rejection of the applicant's credibility.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board affirmed a prior finding that applicant sustained a low back injury while employed as a cement truck driver. Despite applicant's delay in reporting the injury and prior inconsistent statements regarding previous industrial injuries, the Board found his trial testimony credible. The Board relied on the administrative law judge's credibility determination, supported by the QME report, to conclude that the applicant met his burden of proving injury arising out of and in the course of employment. A dissenting commissioner argued that inconsistencies and prior claims warranted rejection of the applicant's credibility.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.