Home/Case Law/MICHAEL GORBEA vs. LIMBACH COMPANY, LP, ARCH INSURANCE, GALLAGHER BASSETT SERVICES
Regular DecisionReconsideration

MICHAEL GORBEA vs. LIMBACH COMPANY, LP, ARCH INSURANCE, GALLAGHER BASSETT SERVICES

Filed: Feb 24, 2015
Pomona
ADJ9166524

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The Board adopted and incorporated the WCJ's report, giving great weight to the WCJ's credibility determinations due to observing the witnesses' demeanor. The WCJ found the applicant's testimony regarding the alleged injury was not credible and was rebutted by defense witnesses. Furthermore, the WCJ determined the post-termination defense was applicable as the applicant's notice of injury was not timely or contemporaneous with his layoff.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The Board adopted and incorporated the WCJ's report, giving great weight to the WCJ's credibility determinations due to observing the witnesses' demeanor. The WCJ found the applicant's testimony regarding the alleged injury was not credible and was rebutted by defense witnesses. Furthermore, the WCJ determined the post-termination defense was applicable as the applicant's notice of injury was not timely or contemporaneous with his layoff.

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MICHAEL GORBEA vs. LIMBACH COMPANY, LP, ARCH INSURANCE, GALLAGHER BASSETT SERVICES (2015) – Pomona | CompFox