COAST BUILDING PRODUCTS; ACE AMERICAN INSURANCE Joshua Subia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSHUA SUBIA, Applicantvs.COAST BUILDING PRODUCTS;ACE AMERICAN INSURANCE, DefendantsAdjudication Number: ADJ12649019San Jose District OfficeOPINION AND ORDER DENYING PETITION FOR 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 the WCJ’s report, which we adopt and incorporate, we will deny reconsideration. We have given the WCJ’s credibility determinations great weight because the WCJ had the opportunity to observe the demeanor of the witnesses. (Garza v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 312, 318-319 [35 Cal.Comp.Cases 500].) Furthermore, we conclude there is no evidence of considerable substantiality that would warrant rejecting the WCJ’s credibility determinations. (Id.) , For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration is DENIED. WORKERS’ COMPENSATION APPEALS BOARD /s/ KATHERINE A. ZALEWSKI, CHAIRI CONCUR,/s/ KATHERINE WILLIAMS DODD, COMMISSIONER/s/ ANNE SCHMITZ, DEPUTY COMMISSIONERDATED AND FILED AT SAN FRANCISCO, CALIFORNIA January 29, 2021 SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.JOSHUA SUBIAFLETCHER B. BROWN LAW FIRMSTANDER, REUBENS, THOMAS, KINSEYPAG/pc I certify that I affixed the official seal ofthe Workers’ Compensation AppealsBoard to this original decision on this date. abs , REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONIINTRODUCTION1. Applicant, Joshua Subia, while employed on 9/17/2019 by Truteam, dba Coast Building Products insured for worker’s compensation liability by ACE American Insurance Co, sustained specific injury arising out of and in the course of this e
Joshua Subia vs. COAST BUILDING PRODUCTS; ACE AMERICAN INSURANCE
This case involves a worker's compensation claim by Joshua Subia against his employer, Coast Building Products, and their insurance provider, ACE American Insurance. Subia claimed to have injured his left knee while carrying a bale of insulation to the fifth floor of the jobsite. His supervisor, Mr. Gibson, arrived shortly after the incident and reported that the bucket Subia claimed to have tripped over remained upright and still contained water. Subia sought medical attention and all subsequent medical visits attributed his knee trouble to the alleged injury. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, finding Subia's testimony to be credible and that there was no evidence of considerable substantiality to reject the WCJ's credibility determinations.
- Filed On:
- Court: California, San Jose
- Case No. ADJ12649019
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