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Defendant sought reconsideration of the WCJ's finding that applicant, a caregiver, sustained an industrial injury to multiple body parts while employed. Defendant argued for re-opening the record to present new evidence and contended that the injury occurred after the applicant clocked out, thus not arising from employment, and questioned applicant's credibility. The Appeals Board denied the petition, finding insufficient diligence for new evidence and concluding that clocking out did not negate the industrial nature of the injury as applicant was still performing duties incidental to his employment on the premises. The Board affirmed the WCJ's credibility findings.
MIGUEL ENRIQUE MARTINEZ CASTILLO vs. AROSA HOME CARE, NORTH RIVER INSURANCE COMPANY is a workers' compensation case decided in Pomona. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Pomona.
Full Decision Text1 Pages
Defendant sought reconsideration of the WCJ's finding that applicant, a caregiver, sustained an industrial injury to multiple body parts while employed. Defendant argued for re-opening the record to present new evidence and contended that the injury occurred after the applicant clocked out, thus not arising from employment, and questioned applicant's credibility. The Appeals Board denied the petition, finding insufficient diligence for new evidence and concluding that clocking out did not negate the industrial nature of the injury as applicant was still performing duties incidental to his employment on the premises. The Board affirmed the WCJ's credibility findings.
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