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The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's finding that the applicant did not sustain industrial injury to his heart, psyche, or internal organs. The Board found the applicant's medical expert's opinion to be unsubstantial as it was based on an incomplete and inaccurate medical history provided by the applicant. Conversely, the Board found the defendant's QME's well-reasoned and thorough medical opinions, which considered extensive non-industrial risk factors, constituted substantial evidence to support the WCJ's decision. Therefore, the applicant failed to meet his burden of proof for an industrial injury.
JOSE G. HERNANDEZ vs. LABORERS INTERNATIONAL UNION OF NORTH AMERICA, STATE COMPENSATION INSURANCE FUND is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's finding that the applicant did not sustain industrial injury to his heart, psyche, or internal organs. The Board found the applicant's medical expert's opinion to be unsubstantial as it was based on an incomplete and inaccurate medical history provided by the applicant. Conversely, the Board found the defendant's QME's well-reasoned and thorough medical opinions, which considered extensive non-industrial risk factors, constituted substantial evidence to support the WCJ's decision. Therefore, the applicant failed to meet his burden of proof for an industrial injury.
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