Home/Case Law/Jose Bernal vs. Bellflower Unified School District, York
Regular DecisionReconsideration

Jose Bernal vs. Bellflower Unified School District, York

Filed: May 03, 2016
Los Angeles
ADJ8010880

CompFox AI Summary

This case involves a worker's compensation claim by Jose Bernal against the Bellflower Unified School District for a back and leg injury sustained while on duty. The School District petitioned for reconsideration of the initial award of 104 weeks of temporary disability, arguing the applicant was not credible due to undisclosed prior back pain and that the treating physician's report lacked substantial evidence. The Workers' Compensation Appeals Board denied the reconsideration, upholding the Administrative Law Judge's credibility determination, which was based on observing the applicant's demeanor and finding no substantial evidence to reject the judge's findings. The Board agreed that prior minor back issues were not material to the current injury and did not warrant overturning the temporary disability award.

Full Decision Text1 Pages

This case involves a worker's compensation claim by Jose Bernal against the Bellflower Unified School District for a back and leg injury sustained while on duty. The School District petitioned for reconsideration of the initial award of 104 weeks of temporary disability, arguing the applicant was not credible due to undisclosed prior back pain and that the treating physician's report lacked substantial evidence. The Workers' Compensation Appeals Board denied the reconsideration, upholding the Administrative Law Judge's credibility determination, which was based on observing the applicant's demeanor and finding no substantial evidence to reject the judge's findings. The Board agreed that prior minor back issues were not material to the current injury and did not warrant overturning the temporary disability award.

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