Estela Walle, vs. The Permanente Medical Group, Permissibly Self-insured, Adjusted By Athens Administrators,

The Permanente Medical Group, permissibly self-insured, adjusted by Athens Administrators, Estela Walle, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAESTELA WALLE,Applicant,vs.THE PERMANENTE MEDICAL GROUP, permissibly self-insured, adjusted by ATHENS ADMINISTRATORS,Defendants.Case No. ADJ10477247(Oakland District Office)OPINION 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.            Applicant seeks reconsideration of the Findings and Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) on April 25, 2017. By the F&O, the WCJ found that applicant did not sustain an injury arising out of and in the course of her employment (AOE/COE) to her back and ordered that she take nothing on her claim.            We received an answer from defendant. The WCJ filed a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration.            We have considered the allegations of applicant’s Petition for Reconsideration, defendant’s answer and the contents of the WCJ’s Report 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.            We have given the WCJ’s credibility determination great weight because the WCJ had the opportunity to observe the demeanor of applicant while testifying at trial. (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 WCI’s credibility determination. (Id.) ,             For the foregoing reasons,            IT IS ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board that the Findings and Order issued by the WCJ on A

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.