CompFox AI Summary
The Workers' Compensation Appeals Board denied Alma Kelley's petition for reconsideration, upholding the judge's finding that she failed to prove her claimed work-related injuries. The judge found Kelley's testimony regarding an assault by an unknown assailant to be not credible due to inconsistencies and contradictions with physical evidence and security camera footage. While the 90-day presumption of compensability applied due to the employer's failure to deny the claim timely, the judge determined the defendant presented sufficient evidence to overcome this presumption, specifically regarding Kelley's credibility. The Board granted the WCJ's report and adopted its reasoning in denying the petition.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Alma Kelley's petition for reconsideration, upholding the judge's finding that she failed to prove her claimed work-related injuries. The judge found Kelley's testimony regarding an assault by an unknown assailant to be not credible due to inconsistencies and contradictions with physical evidence and security camera footage. While the 90-day presumption of compensability applied due to the employer's failure to deny the claim timely, the judge determined the defendant presented sufficient evidence to overcome this presumption, specifically regarding Kelley's credibility. The Board granted the WCJ's report and adopted its reasoning in denying the petition.
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