Devcon Construction,Zurich North America Kip Walls WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKIP WALLS,Applicant,vs.DEVCON CONSTRUCTION, ZURICHNORTH AMERICA,Defendant(s).Case No. ADJ6810697ORDER 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, wc 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 Dd. (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,________________________________________DEIDRA E. LOWECONCURRING, BUT NOT SIGNINGALFONSO J. MORESI________________________________________DATED AND FILED AT SAN FRANCISCO. CALIFORNIASEP 02 2010SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.Kip Walls Law Offices of Russell D. JacobsonMullen & Filippijp , KIP WALLSADJ6810697v.DEVCON CONSTRUCTIONZURICH NORTH AMERICASTUART R. CRYMESWorkers’ CompensationAdministrative Law JudgeREPORT AND RECOMMENDATION ONPETITION FOR RECONSIDERATIONIINTRODUCTIONApplicant has filed a timely, verified Petition for Reconsideration which alleges that theWorkers’ Compensation Judge’s determination regarding injury AOE/COE is not supported bythe testimony of applicant’s supervisor nor by the records from Watsonville Hospital.IIBACKGROUND Applicant alleges an industrial injury when he tripped and fell on his right knee whileworking for Devcon Construction Company on 05/01/08. Applicant test
Kip Walls vs. Devcon Construction,zurich North America
This case involves Devcon Construction, Zurich North America, and Kip Walls. Kip Walls filed a Petition for Reconsideration alleging that the Workers' Compensation Judge's determination regarding injury AOE/COE is not supported by the testimony of applicant's supervisor nor by the records from Watsonville Hospital. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, citing the credible testimony of Mr. Demetrus, the incident report prepared by Mr. Demetrus, and the medical records from Watsonville Hospital as substantial evidence in support of the Workers' Compensation Judge's determination.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ6810697
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