Home/Case Law/SERGIO RUBALCAVA vs. WASTE CONNECTIONS, ACE INSURANCE COMPANY OF NORTH AMERICA
Regular DecisionReconsideration

SERGIO RUBALCAVA vs. WASTE CONNECTIONS, ACE INSURANCE COMPANY OF NORTH AMERICA

Filed: Sep 16, 2014
San Luis Obispo
ADJ9290820

CompFox AI Summary

The Workers' Compensation Appeals Board denied Sergio Rubalcava's Petition for Reconsideration. The Board adopted the Workers' Compensation Administrative Law Judge's (WCJ) report, which found Rubalcava did not sustain an injury arising out of and in the course of employment. The WCJ disbelieved Rubalcava's testimony regarding the mechanism of injury, partly due to an 8-second video, and found his account lacked credibility despite a Panel QME's opinion. The Board gave great weight to the WCJ's credibility findings, as established in case law.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Sergio Rubalcava's Petition for Reconsideration. The Board adopted the Workers' Compensation Administrative Law Judge's (WCJ) report, which found Rubalcava did not sustain an injury arising out of and in the course of employment. The WCJ disbelieved Rubalcava's testimony regarding the mechanism of injury, partly due to an 8-second video, and found his account lacked credibility despite a Panel QME's opinion. The Board gave great weight to the WCJ's credibility findings, as established in case law.

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SERGIO RUBALCAVA vs. WASTE CONNECTIONS, ACE INSURANCE COMPANY OF NORTH AMERICA (2014) – San Luis Obispo | CompFox