CompFox AI Summary
This case involves a defendant seeking reconsideration of an award finding the applicant sustained an industrial injury to his back, legs, and thigh. The majority of the Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the WCJ's credibility finding of the applicant and the medical opinions supporting the injury. However, a dissenting commissioner argued the applicant's inconsistent testimony and failure to disclose prior back issues undermined his claim. The dissenting opinion asserted the applicant did not meet his burden of proving the injury arose out of and in the course of employment, citing medical evidence suggesting aggravation of a pre-existing condition and symptom magnification.
Full Decision Text1 Pages
This case involves a defendant seeking reconsideration of an award finding the applicant sustained an industrial injury to his back, legs, and thigh. The majority of the Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the WCJ's credibility finding of the applicant and the medical opinions supporting the injury. However, a dissenting commissioner argued the applicant's inconsistent testimony and failure to disclose prior back issues undermined his claim. The dissenting opinion asserted the applicant did not meet his burden of proving the injury arose out of and in the course of employment, citing medical evidence suggesting aggravation of a pre-existing condition and symptom magnification.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.