SWEDA COMPANY LLC ZURICH AMERICAN INSURANCE Khin Lay WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKHIN LAY, Applicant,vs.SWEDA COMPANY LLC; ZURICHAMERICAN INSURANCE, Defendants.Case No. ADJ8745178(Marina del Rey 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 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 .Workmnen’s 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 _____________________________________________MARGUERITE SWEENEY I CONCUR, _____________________________________________RONNIE G. CAPLANE _____________________________________________DEIDRA E. LOWE DATED AND FILED AT SAN FRANCISCO, CALIFORNIA JAN 23 2014 SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.KEGEL TOBIN KHINLAYPEYMAN RAHNAMAsye , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardCASE NUMBER: ADJ8745178KHIN LAYvs.SWEDA COMPANY, LLC;ZURICH AMERICANWORKERS’ COMPENSATIONADMINISTRATIVE LAW JUDGE:ROBERT F. SPOERIDATE OF INJURY:12-04-2012REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONI.INTRODUCTION1. Applicant’s Occupation:Machine Operator2. Applicant’s Age:573. Date of Injury:12-04-20124. Body Parts Injured:Sustained to head, claims cervical &lumbar spine
Khin Lay vs. SWEDA COMPANY LLC ZURICH AMERICAN INSURANCE
This case is about Khin Lay, an employee of Sweda Company LLC, who was injured in a physical altercation with a co-worker. The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Khin Lay, based on their review of the record and the report of the workers' compensation administrative law judge. The Board found that the defendant had sustained its burden of proof that Khin Lay was the initial aggressor in the altercation, and extended to the WCJ's finding on credibility the great weight to which it is entitled.
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ8745178
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