Home/Case Law/JENNIFER MENDEZ vs. WESTERN INN HOTEL, AMERICAN AUTOMOBILE INSURANCE CO.
Regular DecisionDecision After Reconsideration

JENNIFER MENDEZ vs. WESTERN INN HOTEL, AMERICAN AUTOMOBILE INSURANCE CO.

Filed: Apr 03, 2023
Santa Barbara
ADJ12225936

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and amended its findings to include injury arising out of and in the course of employment (AOE/COE) to the applicant's coccyx, based on AME Dr. Wood's reports of a fractured coccyx and a fall. Despite this finding, the Board affirmed the denial of temporary disability benefits due to a lack of corroborating medical evidence and inconsistencies in the applicant's testimony regarding work restrictions and physician referrals. The Board also clarified that the applicant failed to prove industrial injuries to her hips, buttocks, and hernia. The decision emphasizes the necessity of medical evidence for temporary disability claims and questions the applicant's credibility.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and amended its findings to include injury arising out of and in the course of employment (AOE/COE) to the applicant's coccyx, based on AME Dr. Wood's reports of a fractured coccyx and a fall. Despite this finding, the Board affirmed the denial of temporary disability benefits due to a lack of corroborating medical evidence and inconsistencies in the applicant's testimony regarding work restrictions and physician referrals. The Board also clarified that the applicant failed to prove industrial injuries to her hips, buttocks, and hernia. The decision emphasizes the necessity of medical evidence for temporary disability claims and questions the applicant's credibility.

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