Home/Case Law/Norma Flores vs. HMS HOST, ACE USA INSURANCE
Regular DecisionReconsideration

Norma Flores vs. HMS HOST, ACE USA INSURANCE

Filed: Sep 30, 2011
Los Angeles
ADJ1310206 (LAO 0876076) ADJ7403858

CompFox AI Summary

The Workers' Compensation Appeals Board denied Norma Flores' petition for reconsideration, affirming the Workers' Compensation Judge's (WCJ) prior decision. The Board incorporated the WCJ's report, which found that Flores waived her argument regarding the 90-day denial period under Labor Code section 5402 by not raising it at trial. Furthermore, the WCJ's credibility findings regarding the applicant's medical history and subjective complaints were given great weight, supporting the denial of further benefits. The WCJ's reliance on Dr. Timothy Ross's reports over Dr. Philip Sobel's was deemed substantial evidence, leading to the conclusion of no new or further disability.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Norma Flores' petition for reconsideration, affirming the Workers' Compensation Judge's (WCJ) prior decision. The Board incorporated the WCJ's report, which found that Flores waived her argument regarding the 90-day denial period under Labor Code section 5402 by not raising it at trial. Furthermore, the WCJ's credibility findings regarding the applicant's medical history and subjective complaints were given great weight, supporting the denial of further benefits. The WCJ's reliance on Dr. Timothy Ross's reports over Dr. Philip Sobel's was deemed substantial evidence, leading to the conclusion of no new or further disability.

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