SDFC MANAGEMENT; ZENITH INSURANCE COMPANY, NATALIE DELGADO PATERRA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANATALIE DELGADO PATERRA, Applicant,vs.SDFC MANAGEMENT; ZENITH INSURANCE COMPANY, Defendant(s).Case No. ADJ309225 (SDO 0359378)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 andin corporate, 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, 35fCal. 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 _______________________________ GREGORY G. AGHAZARIANI CONCUR, _______________________________ ALFONSO J. MORESICONCURRING, BUT NOT SIGNING_______________________________ FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIADEC 23 2009SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:Natalie Delgado PaterraLaw Office of Anthony J. DeLellisChernow & Liebbgr , STATE OF CALIFORNIAWORKERS’ COMPENSATION APPEALS BOARDNATALIE DELGADO (PATERRA), Applicant,vs.SDFC MANAGEMENT; ZENITH INSURANCE COMPANY, Defendants.Case No. ADJ309225REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONINTRODUCTION Applicant has fil
Natalie Delgado Paterra, vs. Sdfc Management; Zenith Insurance Company,
is a case in which Natalie Delgado Paterra, the applicant, filed a petition for reconsideration from the trial court's November 4, 2009 "Findings & Award and Orders" concerning the Workers' Compensation Judge's (WCJ) finding that the applicant's injury on September 7, 2006 was not a compensable consequence of her injury on August 25, 2006. The WCJ found that the applicant's actual intended destination when she was injured was breakfast with her sisters, not her medical appointment, and that this was a substantial deviation from her trip to the doctor's office. The Workers' Compensation Appeals Board denied the petition for reconsideration, extending to the WCJ's finding on credibility the great weight to which it is entitled.
- Filed On:
- Court: California, San Diego
- Case No. ADJ309225
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