Home/Case Law/MILTON OMAR HERNANDEZ vs. PAYLESS SHOE SOURCE, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES, INC.
Regular DecisionReconsideration

MILTON OMAR HERNANDEZ vs. PAYLESS SHOE SOURCE, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES, INC.

Filed: Jul 08, 2013
Pomona
ADJ8256706

CompFox AI Summary

The Appeals Board granted the defendant's Petition for Reconsideration, rescinded the WCJ's award, and found the applicant's claim barred. The Board determined the applicant did not report his alleged injury prior to his termination for cause, thus failing to meet the requirements of Labor Code section 3600(a)(10). Furthermore, the evidence did not support the applicant's claim of sustaining an industrial injury as alleged, including discrepancies in medical records and testimony regarding the mechanism of injury. Therefore, the applicant's claim was denied on both grounds.

Full Decision Text1 Pages

The Appeals Board granted the defendant's Petition for Reconsideration, rescinded the WCJ's award, and found the applicant's claim barred. The Board determined the applicant did not report his alleged injury prior to his termination for cause, thus failing to meet the requirements of Labor Code section 3600(a)(10). Furthermore, the evidence did not support the applicant's claim of sustaining an industrial injury as alleged, including discrepancies in medical records and testimony regarding the mechanism of injury. Therefore, the applicant's claim was denied on both grounds.

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