Humberto Macias vs. Economy Inn

is a case in which Humberto Macias, an unlicensed construction worker, filed a workers' compensation claim against Economy Inn. The Workers' Compensation Appeals Board denied the claim after considering the allegations of the Petition for Reconsideration and the contents of the report of the workers' compensation administrative law judge. The Board found that Macias did not sustain an injury AOE/COE and was not an employee of Economy Inn at the time of the alleged injury. The Board extended to the WCJ’s finding on credibility the great weight to which it is entitled. The Petition for Reconsideration was denied.

Economy Inn Humberto Macias WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHUMBERTO MACIAS, Applicant,vs.ECONOMY INN, Defendant(s).Case No. ADJ2166029ORDER DENYING RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which w’e adopt and incorporate, we will deny reconsideration.            We are, moreover, extending to the WCJ’s finding on credibility the great weight to which it is entitled. (Garza v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal. Comp. Cases 500].) , For he foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________RONNIE G. CAPLANEI CONCUR,________________________________________JOSEPH M. MILLER________________________________________FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO. CALIFORNIAJUL 07 2010SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.HUMBERTO MACIASLAUGHLIN, FALBO, LEVY & MORESIRICHARD TORREScsl , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardCASE NUMBER: ADJ2166029HUMBERTO MACIAS -vs.- ECONOMY INN;WORKERS’ COMPENSATION ADMINISTRATIVE LAW JUDGE:Katherine HowellsREPORT AND RECOMMENDATIONON PETITION FOR RECONSIDERATIONIINTRODUCTION            Applicant claims to have sustained injury arising out of and occurring in the course ofemployment to his left knee, left hip and low back, while allegedly employed as a forty-seven yearold construction worker. This matter proceeded to trial on 02/16/10 on the issues of employment,injury AOE/COE, temporary disability, earnings, need for futrther medical treatment, liability forself-procured medical treatment, and

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