Home/Case Law/MARIA ESCOBEDO vs. D&C CARE CENTER, INC.; dba SUNRISE CONVALESCENT HOSPITAL, ZURICH NORTH AMERICA INSURANCE, PATRIOT RISK SERVICES
Regular DecisionReconsideration

MARIA ESCOBEDO vs. D&C CARE CENTER, INC.; dba SUNRISE CONVALESCENT HOSPITAL, ZURICH NORTH AMERICA INSURANCE, PATRIOT RISK SERVICES

Filed: May 24, 2016
Van Nuys
ADJ9240835

CompFox AI Summary

This case involves an applicant seeking workers' compensation for a cumulative trauma injury. The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ found the applicant's testimony regarding the injury and its reporting to be not credible due to inconsistencies and lack of corroboration. Consequently, the WCAB found insufficient evidence to support a finding of injury arising out of and occurring in the course of employment. The WCAB gave great weight to the ALJ's credibility determination based on observing the witness's demeanor.

Full Decision Text1 Pages

This case involves an applicant seeking workers' compensation for a cumulative trauma injury. The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration, upholding the Administrative Law Judge's (ALJ) decision. The ALJ found the applicant's testimony regarding the injury and its reporting to be not credible due to inconsistencies and lack of corroboration. Consequently, the WCAB found insufficient evidence to support a finding of injury arising out of and occurring in the course of employment. The WCAB gave great weight to the ALJ's credibility determination based on observing the witness's demeanor.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.