George Sanchez vs. Myron & Davis Everest National Insurance

This case is about George Sanchez, an employee of Myron & Davis, who is seeking workers' compensation for injuries to his bilateral lower extremities, psyche, internal, breathing, sleep, and digestive system. The Workers' Compensation Appeals Board denied his claim after reconsideration, finding that he did not meet his burden of proof by presenting substantial evidence that the defendant failed to rebut. The Board found that the testimony of his witnesses was not credible and that the medical evidence was not substantial enough to support his claim.

MYRON & DAVIS EVEREST NATIONAL INSURANCE GEORGE SANCHEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGEORGE SANCHEZ, Applicant,vs.MYRON & DAVIS; EVEREST NATIONALINSURANCE, Defendants.Case No. ADJ8029086(San Bernardino District Office)OPINION AND DECISIONAFTER RECONSIDERATION            On March 21, 2014, we granted reconsideration to allow us time to further study the factual and legal issues in this case. We now issue our Opinion and Decision After Reconsideration. Applicant seeks reconsideration of the December 24, 2013 Findings and Order issued by the workers’ compensation administrative law judge (WCJ). Therein, the WCJ found that applicant did not sustain injury arising out of and occurring in the course of employment (AOE/COE) to his “bilateral lower extremities, psyche, internal, breathing, sleep, and digestive system” while employed as a machine operator/loader/unloader during the period from August 24, 2010 through August 24, 2011. Based on this finding, the WCJ ordered that applicant take nothing further by way of his claim.            Applicant contends that the WCJ erred in failing to find that he sustained injury AOE/COE arguing· that he met his burden of proof by presenting substantial evidence that defendant failed to rebut. Applicant further contends that the WCJ failed to provide the reasons for his decision and failed to develop the record further.            Defendant filed a Defendant’s Verified Response to Petition for Reconsideration Filed by Applicant’s Attorney (Answer). The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration.            Based on our review of the record and for the reasons discussed by the WCJ in the Report, which we adopt and incorporate herein by reference, and for the reasons discussed below, we affirm the December 24, 2013 Findings and Order. ,             The burden of proving industrial injury rests with the applicant, and the applicant m

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