Martina Iraheta vs. Bal Seal Engineering, Inc.; Applied Risk Services, Inc.

is a case in which Martina Iraheta, the applicant, is appealing a decision by the Workers' Compensation Appeals Board. The Board denied the applicant's petition for reconsideration, finding that the applicant's exhibits 1, 7, 8, 9, 12, 18, and 19 were inadmissible, and that the medical reports of Dr. Black did not meet the criteria set forth in Labor Code §4628 and 8 Cal. Code Reg. § 10606. The Board also found that the applicant's credibility was poor and her testimony did not help her case. The Board ultimately denied the petition for reconsideration.

Bal Seal Engineering, Inc.; Applied Risk Services, Inc. Martina Iraheta WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARTINA IRAHETA, Applicant,vs.BAL SEAL ENGINEERING, INC.; APPLIED RISK SERVICES, INC., Defendants.Case No. ADJ7689152(Santa Ana 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.)            In reference to the WCJ’s exclusion of applicant’s exhibits 18 and 19, the Mandatory Settlement Conference (MSC) statement shows that applicant’s attorney stipulated to serving these exhibits 30 (thirty) days in advance of trial, but applicant’s attorney apparently failed to do so. Therefore, the WCJ correctly excluded these exhibits. ,             For the foregoing reasons,IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD________________________________________ALFONSO J. MORESII CONCUR,________________________________________DEIDRA E. LOWE_DEPUTY________________________________RICK DIETRICHDATED AND FILED AT SAN FRANCISCO, CALIFORNIAJAN 15 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.MARTINA IRAHETAKRISHNA GULAYASHEPPARD WOOLLEYsye , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardCASE NUMBER: ADJ7689152MARTINA IRAHETA -vs.- BALSEAL ENGINEERINGINC;INSURANCE CO OF THEWEST SAN DIEGO;WORKERS’ COMPENSATIONADMINISTRATIVE LAW JUDGE: Vincenti BiasDAT

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