Home/Case Law/HERMELINDA YBARRA vs. SAN BENITO HIGH SCHOOL DISTRICT
Regular Decision

HERMELINDA YBARRA vs. SAN BENITO HIGH SCHOOL DISTRICT

Filed: Jan 12, 2012
San Francisco
ADJ6465894

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. This denial was based on the Judge's report and the defendant's failure to fairly state all material facts, violating WCAB Rule 10842(a). Specifically, the defendant misrepresented Dr. Graubard's findings regarding the applicant's bilateral knee injury and the basis for his opinion. The Board found that Dr. Graubard's reports and deposition testimony supported the injury, and that his opinion was not solely reliant on Dr. Trieb's superseded findings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. This denial was based on the Judge's report and the defendant's failure to fairly state all material facts, violating WCAB Rule 10842(a). Specifically, the defendant misrepresented Dr. Graubard's findings regarding the applicant's bilateral knee injury and the basis for his opinion. The Board found that Dr. Graubard's reports and deposition testimony supported the injury, and that his opinion was not solely reliant on Dr. Trieb's superseded findings.

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