Home/Case Law/CANDACE MARTINEZ vs. CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

CANDACE MARTINEZ vs. CALIFORNIA DEPARTMENT OF PARKS AND RECREATION, STATE COMPENSATION INSURANCE FUND

Filed: Feb 06, 2017
Riverside
ADJ9746664

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and affirmed the WCJ's finding that the applicant was not a credible witness regarding her neck and back injury claims, as she failed to meet her burden of proof. The Board adopted the WCJ's reasoning that the applicant's medical evidence lacked substantiality and did not explain the mechanism of injury. However, the Board rescinded the prior order that the applicant take nothing, recognizing a stipulation and WCJ finding of industrial injury to the applicant's shoulders. Therefore, the applicant's findings of fact for the shoulders are affirmed, but her claims for neck and back injuries were denied based on credibility and lack of evidence.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and affirmed the WCJ's finding that the applicant was not a credible witness regarding her neck and back injury claims, as she failed to meet her burden of proof. The Board adopted the WCJ's reasoning that the applicant's medical evidence lacked substantiality and did not explain the mechanism of injury. However, the Board rescinded the prior order that the applicant take nothing, recognizing a stipulation and WCJ finding of industrial injury to the applicant's shoulders. Therefore, the applicant's findings of fact for the shoulders are affirmed, but her claims for neck and back injuries were denied based on credibility and lack of evidence.

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.