Eddie Santillan Bautista, vs. Employers HH, LLC, L/C/F Distinct Indulgence, Inc., A California Corporation Dba Mrs Appletree’S Bakery; American Zurich Insurance Company,

is a case in which Eddie Santillan Bautista, an employee of Distinct Indulgence Inc. and Employers HR LLC, filed a workers' compensation claim for an injury to his low back. The Workers' Compensation Appeals Board denied the petition for reconsideration, finding that the report of the PQME Amir Mostofi did not constitute substantial medical evidence and that the WCJ's finding that applicant did not sustain industrial injury arising out of and occurring in the course of employment was supported by a review of the totality of the record, including treatment reports, contemporaneous medical records, and the trial testimony of applicant and defense witnesses.

Employers HH, LLC, L/C/F Distinct Indulgence, Inc., A California Corporation Dba Mrs Appletree’S Bakery; American Zurich Insurance Company, Eddie Santillan Bautista, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDDIE SANTILLAN BAUTISTA,Applicant,vs. EMPLOYERS HH, LLC, L/C/F DISTINCT INDULGENCE, INC., a California Corporation dba MRS APPLETREE’S BAKERY; AMERICAN ZURICH INSURANCE COMPANY,Defendants.Case No. ADJ10376437(Van Nuys District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report and opinion on decision of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, we will deny reconsideration.            Even assuming the correctness of applicant’s contention that the report of Amir Mostofi, M.D., is not substantial medical evidence upon which the WCJ could rely, the WCJ’s finding that applicant did not sustain industrial injury arising out of and occurring in the course of employment (AOE/COE) is supported by a review of the totality of the record, as detailed by the WCJ in the report and opinion, which included treatment reports, contemporaneous medical records, and the trial testimony of applicant and defense witnesses.            In addition, we have given the WCJ’s credibility determinations great weight because the WCJ had the opportunity to observe the demeanor of the witnesses. (Garza v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 312, 318-319 [35 Cal.Comp.Cases 500, 504-505}.) Furthermore, we conclude there is no evidence of considerable substantiality that would warrant rejecting the WCIJ’s credibility determinations. (Id.) ,             For the foregoing reasons,            IT IS ORDERED that the Petition for Reconsideration is DENIED.        WORKERS’ COMPENSATION APPEALS BOARD      

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