ELINGS PARK FOUNDATION OAK RIVER INSURANCE COMPANY administered by BERKSHIRE HATHAWAY HOMESTATE JANINE CALVIN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJANINE CALVIN, Applicant,vs.ELINGS PARK FOUNDATION; OAK RIVERINSURANCE COMPANY, administered by,BERKSHIRE HATHAWAY HOMESTATE, Defendants.Case No. ADJ8949345(Oxnard District Office)ORDER DENYINGPETITION FORRECONSIDERATION 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 the WCJ’s report~ which we 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 the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration is DENIED.WORKERS’ COMPENSATION APPEALS BOARD _____________________________________________KATHERINE ZALEWSKI I CONCUR, _____________________________________________RONNIE G. CAPLANE _____________________________________________MARGUERITE SWEENEY DATED AND FILED AT SAN FRANCISCO, CALIFORNIA JUL 22 2014 SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.JANINE CALVINSTOUT & KAUFMANBRADFORD & BARTHELjp , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardCASE NUMBER: ADJ8949345JANINE CAL VIN-vs.- ELINGSPARKFOUNDATION, ELINGSPARK FOUNDATION;BERKSHIRE HATHAWAY;WORKERS’ COMPENSATIONADMINISTRATIVE LAW JUDGE:William M. CareroDATE: 06/06/2014[h3]REPORT AND RECOMMENDATION[/h3][h3]ON PETITION FOR RECONSIDERATION[/h3]I. INITRODUCTION Applicant, J
Janine Calvin vs. Elings Park Foundation Oak River Insurance Company Administered By Berkshire Hathaway Homestate
is a case in which Janine Calvin, an employee of Elings Park Foundation, claimed to have sustained an injury to her neck, upper back, head, bilateral shoulders, arms, elbows, wrists, hands, and fingers while setting up a tennis court on Easter Sunday. The Workers' Compensation Appeals Board denied Calvin's petition for reconsideration, finding that she did not sustain the injury alleged. The Board adopted and incorporated the report of the workers' compensation administrative law judge, which found that Calvin's testimony was inconsistent with the evidence and that her explanation for not reporting the injury on the day after the alleged accident was not credible.
- Filed On:
- Court: California, Oxnard
- Case No. ADJ8949345
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.