CompFox AI Summary
The Workers' Compensation Appeals Board denied Maria Galdamez's petition for reconsideration of a decision finding she did not sustain an industrial injury as a housekeeper for The Hosseini Family Trust. Galdamez argued her claim was presumed compensable under Labor Code section 5402 and that her testimony was sufficient, but the Board found no proof of claim form filing to trigger the presumption and insufficient corroboration for her testimony. The Board granted reconsideration for The Hosseini Family Trust solely to amend a finding regarding its alleged uninsured status, as that issue was not ripe for determination. The Trust's other arguments, including employment status and general/special employment, were either affirmed based on substantial evidence or waived for not being raised at trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Maria Galdamez's petition for reconsideration of a decision finding she did not sustain an industrial injury as a housekeeper for The Hosseini Family Trust. Galdamez argued her claim was presumed compensable under Labor Code section 5402 and that her testimony was sufficient, but the Board found no proof of claim form filing to trigger the presumption and insufficient corroboration for her testimony. The Board granted reconsideration for The Hosseini Family Trust solely to amend a finding regarding its alleged uninsured status, as that issue was not ripe for determination. The Trust's other arguments, including employment status and general/special employment, were either affirmed based on substantial evidence or waived for not being raised at trial.
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