This case involves K-- F--------, a kitchen worker employed at San Quentin State Prison, who suffered an injury to his right shoulder on June 18, 2008. The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by the defendant, San Quentin State Prison and the State Compensation Insurance Fund. The Board found that the employer was culpable of serious and willful misconduct for failing to acknowledge and act on K--'s request to be excused from physical work, which was a proximate cause of his injury. The Board also found that K--'s prior felony conviction had little bearing on his honesty and was given relatively little weight. The Petition for Reconsideration was denied.

SAN QUENTIN STATE PRISON; STATE COMPENSATION INSURANCE FUND K– F——- WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA K– F——-, Applicant,vs.SAN QUENTIN STATE PRISON; STATE COMPENSATIONINSURANCE FUND, Defendants.Case No. ADJ6853853(Oakland District Office)ORDER 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 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 (see Garza v. Workers’ Comp. Appeals Bd. (1970) 3 Cal.3d 312,35 Cal.Comp.Cases 500)./ / // / // / // / // / // / // / // / // / // / / ,             For the foregoing reasons,            IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________RONNIE G. CAPLANEI CONCUR,_______________________________________________  FRANK M. BRASS_______________________________________________  MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIA  OCT 05, 2012SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD. K– F——- STATE COMPENSATION INSURANCE FUNDLAW OFFICES OF JEREMY SMITHebc , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardJUDGE CHRISTOPHER MILLER K– F——- v. California Department of Corrections and Rehabilitation(San Quentin State Prison)WCAB No. ADJ6853853REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATION  By timely, verified petition filed on August 13, 2012, defendant seeks reconsideration  of the decision filed herein on July 20, 2012, in this case, which arises out of admitted injury,  on Ju

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

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

Copyright © 2023 - CompFox Inc.