THE EDWARD THOMAS HOSPITALITY CORP.; ARCH INSURANCE GROUP, administered by GALLAGHER BASSETT, EDME A. PILONA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDME A. PILONA, Applicant,vs.THE EDWARD THOMAS HOSPITALITYCORP.; ARCH INSURANCE GROUP, administered by GALLAGHER BASSETT, Defendants.Case No. ADJ4050950 (MON 0351355)OPINION AND ORDER DENYING RECONSIDERATION Applicant seeks reconsideration of our earlier April 20, 2009 Opinion And Order Granting Reconsideration And Decision After Reconsideration (Decision) wherein we granted defendant’s petition for reconsideration of the January 26, 2009 Findings of Fact of the workers’ compensation administrative law judge (WCJ) who found that applicant incurred industrial injury to his back, right knee and compensable consequence psychiatric injury “on or about” October 19, 2008, while employed by defendant at its restaurant. In our Decision, we reversed the WCJ’s finding of industrial injury because the preponderance of the evidence in light of the entire record does not support a finding that applicant incurred injury to his back, right knee or psyche arising out of and occurring in the course of his employment by defendant, and we ordered that applicant take nothing on his claim. Applicant contends that his testimony supports his claim of industrial injury and that we should not have concluded that he was not a credible witness. An answer was received from defendant.//////////// , We have carefully re-reviewed the entire record and considered the reasoning in our earlier Decision, which is incorporated by this reference. We fully addressed the issue of applicant’s credibility in our earlier Decision, and we find no reason to conclude that we were in error in determining that he was not credible in claiming that he had injured himself at work before he was terminated. Accordingly, we deny applicant’s petition for reconsideration for the reasons stated in our Decision.//
