California Thread & Supply Inc.; State Compensation Insurance Fund, Specialty Underwriters Alliance Insurance Noe Alvarez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANOE ALVAREZ, Applicant,vs.CALIFORNIA THREAD & SUPPLY INC.; STATE COMPENSATION INSURANCE FUND, SPECIALTY UNDERWRITERS ALLIANCE INSURANCE, Defendants.Case Nos. ADJ2931131 (MON 0357107) ADJ6870323OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the Joint Findings and Order issued May 5, 2011, wherein the workers’ compensation administrative law judge (WCJ) found that applicant did not sustain an industrial injury to his right shoulder on February 5, 2003 and did not sustain an industrial cumulative trauma “during the period 1991 through December 11, 2007” to his “psyche, back, neck, hands, wrists, right shoulder, internal, eyes and sleep.” The WCJ ordered that applicant “take nothing by way of the claims filed herein.” Applicant contends that the WCJ erred: (1) by failing to set forth the reasons for finding that applicant did not sustain a compensable industrial injury; (2) by finding that applicant did not sustain an industrial injury arguing that substantial unrebutted testimony supported applicant’s claim; (3) by failing to address applicant’s claim that the employer failed to provide notice of applicant’s rights to workers’ compensation and to give applicant a claim form; and (4) by failing to apply Labor Code section 3202 which requires the WCJ “to interpret the law in favor of providing benefits to the injured worker.” Defendant filed an answer. We have considered applicant’s petition and the WCJ’s Report and Recommendation on Petition for Reconsideration (Report) with respect thereto. Based upon our review of the record, and for the reasons set forth herein and in the WCJ’s Report, which we adopt and incorporate, we will deny applicant’s petition. , In addition, we note that the record does not includ
Noe Alvarez vs. California Thread & Supply Inc.; State Compensation Insurance Fund, Specialty Underwriters Alliance Insurance
In this case, Noe Alvarez sought reconsideration of a Joint Findings and Order issued by a workers' compensation administrative law judge (WCJ) which found that Alvarez did not sustain an industrial injury to his right shoulder on February 5, 2003 or an industrial cumulative trauma to his psyche, back, neck, hands, wrists, right shoulder, internal, eyes and sleep during the period 1991 through December 11, 2007. The WCJ denied the petition for reconsideration, finding that the record did not include expert opinion evidence which established a link between Alvarez's work duties and the claimed injury and that the WCJ's finding regarding credibility was given great weight. The Workers' Compensation Appeals Board denied the petition for reconsideration.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ2931131
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