Home/Case Law/DANIEL PEREZ vs. WAL-MART, AMERICAN HOME ASSURANCE
Regular DecisionReconsideration

DANIEL PEREZ vs. WAL-MART, AMERICAN HOME ASSURANCE

Filed: Nov 22, 2011
Fresno
ADJ6551300

CompFox AI Summary

The Workers' Compensation Appeals Board denied Daniel Perez's petition for reconsideration of a decision finding no industrial back injury on January 5, 2008. The original decision was based on the applicant's lack of credibility, a Qualified Medical Examiner's opinion that the injury was not industrial, and Labor Code section 3600(a)(10). This section bars compensation for claims filed after termination unless specific conditions regarding employer notice or pre-existing medical records are met, which the applicant failed to demonstrate. Despite procedural issues with service of the original order, the Board found the WCJ's decision supported by substantial evidence.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Daniel Perez's petition for reconsideration of a decision finding no industrial back injury on January 5, 2008. The original decision was based on the applicant's lack of credibility, a Qualified Medical Examiner's opinion that the injury was not industrial, and Labor Code section 3600(a)(10). This section bars compensation for claims filed after termination unless specific conditions regarding employer notice or pre-existing medical records are met, which the applicant failed to demonstrate. Despite procedural issues with service of the original order, the Board found the WCJ's decision supported by substantial evidence.

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