Home/Case Law/DEBORAH MARKHAM-GRIVAS vs. VALLEJO CITY UNIFIED SCHOOL DISTRICT, XL INSURANCE COMPANY
Regular DecisionReconsideration

DEBORAH MARKHAM-GRIVAS vs. VALLEJO CITY UNIFIED SCHOOL DISTRICT, XL INSURANCE COMPANY

Filed: Dec 03, 2014
Sacramento
ADJ9103621

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of industrial injury on August 20, 2013. The Board adopted the Administrative Law Judge's report, which found the applicant's testimony credible regarding a physical incident where she was pushed into a file cabinet during a classroom disruption. Despite the applicant's delay in reporting a physical injury, the judge considered her testimony of being in shock and seeking treatment two days later as reasonable. The Board deferred further issues, including the nature and extent of injuries, and noted the defendant's arguments about witness availability and the PQME's opinion did not warrant overturning the initial finding.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, upholding the finding of industrial injury on August 20, 2013. The Board adopted the Administrative Law Judge's report, which found the applicant's testimony credible regarding a physical incident where she was pushed into a file cabinet during a classroom disruption. Despite the applicant's delay in reporting a physical injury, the judge considered her testimony of being in shock and seeking treatment two days later as reasonable. The Board deferred further issues, including the nature and extent of injuries, and noted the defendant's arguments about witness availability and the PQME's opinion did not warrant overturning the initial finding.

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