Cemex; National Union Fire Insurance Company C/O Gallagher Bassett Alfred Hunt WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALFRED HUNT, Applicant,vs.CEMEX; NATIONAL UNION FIRE INSURANCE COMPANY C/O GALLAGHER BASSETT, Defendant.Case No. ADJ10303873OPINION AND DECISION AFTER RECONSIDERATION We granted reconsideration in order to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant seeks reconsideration of the Findings of Fact and Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) on July 11, 20181. By the F&O. the WCJ determined in relevant part that applicant sustained injury to his low back while employed by defendant as a cement truck driver on December 30, 2015. Defendant contends that applicant failed to meet his burden of proving that he sustained an industrial injury. In support, defendant argues that applicant’s testimony was not credible and that he failed to report his injury on a timely basis. We did not-receive an answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. We have considered the allegations of defendant’s Petition for Reconsideration and the contents of the WCJ’s Report with respect thereto. Based on our review of the record, for the reasons stated in the WCJ’s Report, which we adopt and incorporate, and for the reasons provided below, we will affirm theF&O. 1 Although the WO signed the FAO on June 8. 2018. it wat not served until June 11.2011 , FACTUAL BACKGROUND In addition to the factual background that the WCJ provided in his Report, we note the following. Applicant claimed injury to his back while working for defendant as a cement truck driver on December 30.2015. On December 30, 2015, applicant submitted a daily truck report to defendant in which he
Alfred Hunt vs. Cemex; National Union Fire insurance Company C/o Gallagher Bassett
: This case involves Alfred Hunt, an applicant, and Cemex; National Union Fire Insurance Company C/O Gallagher Bassett, the defendant. The defendant sought reconsideration of the Findings of Fact and Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) on July 11, 2018, which determined that the applicant sustained an injury to his low back while employed by the defendant as a cement truck driver on December 30, 2015. The WCJ's Report and Recommendation on Petition for Reconsideration recommended that the defendant's petition for reconsideration be denied. The Appeals Board affirmed the F&O, finding that the applicant had met his burden of proving that he sustained an injury arising out of
- Filed On:
- Court: Bakersfield, California
- Case No. ADJ10303873
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