CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied the applicant's first petition for reconsideration, finding that he failed to prove an industrial injury by a preponderance of the evidence. The WCAB adopted the WCJ's report, which properly relied on the agreed medical evaluator's opinion. The second petition for reconsideration was dismissed as untimely or as a supplemental pleading. Because an industrial injury is a prerequisite for penalties under Labor Code sections 132a and 4553, the applicant's claims were also defeated.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied the applicant's first petition for reconsideration, finding that he failed to prove an industrial injury by a preponderance of the evidence. The WCAB adopted the WCJ's report, which properly relied on the agreed medical evaluator's opinion. The second petition for reconsideration was dismissed as untimely or as a supplemental pleading. Because an industrial injury is a prerequisite for penalties under Labor Code sections 132a and 4553, the applicant's claims were also defeated.
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