Home/Case Law/JOSEPH ODDO vs. MARTIN & LEWIS DRYWALL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, EXPLORER INSURANCE COMPANY
Regular DecisionReconsideration

JOSEPH ODDO vs. MARTIN & LEWIS DRYWALL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, EXPLORER INSURANCE COMPANY

Filed: Jan 08, 2013
San Diego
ADJ1358769

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) denied CIGA's petition for reconsideration of the WCJ's findings. The WCJ found that the applicant's injury was a specific injury on April 28, 2000, and not a continuous trauma, and that CIGA failed to meet its burden of proof on this issue. The WCAB gave great weight to the WCJ's credibility findings regarding the applicant's testimony and the lack of substantial evidence supporting a continuous trauma injury during specific coverage periods. Therefore, CIGA's petition for reconsideration was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) denied CIGA's petition for reconsideration of the WCJ's findings. The WCJ found that the applicant's injury was a specific injury on April 28, 2000, and not a continuous trauma, and that CIGA failed to meet its burden of proof on this issue. The WCAB gave great weight to the WCJ's credibility findings regarding the applicant's testimony and the lack of substantial evidence supporting a continuous trauma injury during specific coverage periods. Therefore, CIGA's petition for reconsideration was denied.

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JOSEPH ODDO vs. MARTIN & LEWIS DRYWALL, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, EXPLORER INSURANCE COMPANY (2013) – San Diego | CompFox