Alberto Rodriguez, vs. Ruiz Food Products And Zurich American Insurance Company,

is a case in which Alberto Rodriguez filed an Application for Adjudication of Claim, claiming he sustained an industrial injury to his back and lower extremity on July 16, 2009 while employed by Ruiz Food Products. The case was heard by a workers' compensation administrative law judge (WCJ) who found that Rodriguez sustained an industrial injury as alleged. The defendant, Zurich American Insurance Company, contested the WCJ's finding, arguing that the WCJ erred in relying upon Rodriguez's testimony since it was inconsistent and contradicted by the defendant's witnesses. The Appeals Board affirmed the WCJ's determination and denied the defendant's petition for reconsideration.

RUIZ FOOD PRODUCTS and ZURICH AMERICAN INSURANCE COMPANY, ALBERTO RODRIGUEZ, WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALBERTO RODRIGUEZ,, Applicant,vs.RUIZ FOOD PRODUCTS and ZURICHAMERICAN INSURANCE COMPANY, 101, Defendant(s).CaseNo. ADJ6954997OPINION AND ORDERDENYING PETITION FORRECONSIDERATION Defendant, Zurich American Insurance Company, on behalf of its insured, Ruiz FoodProducts, seeks reconsideration of the Findings of Fact, issued July 15, 2010, in which a workers’ compensation administrative law judge (WCJ) found applicant Alberto Rodriguez sustained an industrial injury to his back and right lower extremity on July 9, 2009 while employed by Ruiz Food Products. Defendant contests the WCJ’s finding that applicant sustained an industrial injury asalleged, arguing that the WCJ erred in relying upon applicant’s testimony since applicant wasinconsistent and contradicted by defendant’s witnesses whose testimony established that applicant never reported that he sustained an industrial injury. No answer to defendant’s petition has been received from applicant as of the date of this opinion. Following our review of the record, and for the reasons set forth below, we shall affirm the WCJ’s determination that applicant sustained an injury arising out of and occurring in the course of his employment on July 9, 2009, as alleged, and will deny defendant’s petition.Applicant flied an Application for Adjudication of Claim on September 30, 2009, claiming , he sustained an industrial injury to his back and lower extremity on July 16, 2009, while employed as a line runner by Ruiz Food Products. Applicant subsequently amended his Application to, change the date of injury to July 9, 2009. A hearing was held on June 15, 2010, limited to the issue of injury AOE/COE. Accordingto the Summary of Evidence, applicant testified that he sustained an injury on Thursday, July 9,2009. It occurred while he and a co-worker, Jose, were pulling a large pot of food, weighing mor

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