Valley And Farm; State Compensation Insurance Fund Alexis Ruiz WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALEXIS RUIZ, Applicant,vs.VALLEY AND FARM; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ317834ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We are, moreover, extending to the WCJ’s finding on credibility the great weight to which it is entitled (see Garza v. Workers’ Comp. Appeals Bd. (1970) 3 Cal. 3d 312, 35 Cal. Comp. Cases 500). , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________RONNIE G. CAPLANEI CONCUR,_______________________________________DEIDRA E. LOWE_______________________________________ALFONSO J. MORESIDATED AND FILED AT SAN FRANCISCO, CALIFORNIA SEP 13 2011SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.EDWIN BRIDGESSTATE COMPENSATION INSURANCE FUNDALEXIS RUIZjrr , WORKERS’ COMPENSATION APPEALS BOARDOF THESTATE OF CALIFORNIAAlexis Ruizvs.Valley End Farm and State Compensation Insurance FundWorkers’ Compensation Judge:GEORGE R. FERRISDate of Injury: May 10, 2010REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONIINTRODUCTION Applicant has filed a timely Petition for Reconsideration concerning the. take nothing he received via this Court’s Findings and Order filed July 5, 2011 (this Court found that Mr. Ruiz was the initial aggressor concerning an incident which led to his injury). Alexis Ruiz, born’ has filed an Application for Adju
Alexis Ruiz vs. Valley And Farm; State Compensation Insurance Fund
In this case, Alexis Ruiz filed an Application for Adjudication of Claim alleging that he sustained an injury arising out of and in the course of employment on May 10, 2010 while employed as a field worker by Valley End Farm. The Workers' Compensation Judge found that Ruiz was the initial aggressor in the incident which led to his injury and issued a take nothing. Ruiz filed a Petition for Reconsideration, which was denied. The Judge found that Ruiz's testimony was not more credible than that of the defense witnesses, and that the evidence supported the finding that Ruiz was the initial aggressor.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ317834
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