Pamela Mendes vs. County Of Los Angeles; Permissibly Self-insured

This case involves Pamela Mendes, an employee of the County of Los Angeles, who was injured in an automobile accident while traveling to an on-site appointment. The Workers' Compensation Appeals Board denied her Petition for Reconsideration, finding that she had deviated from her planned route and that her testimony was not credible or forthcoming. The Board found that she had no reasonable or business purpose to be at the location of the accident and that she had not met her burden of proof to show that she was performing service arising out of and in the course of her employment.

County Of Los Angeles; Permissibly Self-Insured Pamela Mendes WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPAMELA MENDES, Applicant,vs.COUNTY OF LOS ANGELES; Permissibly Self-Insured, Defendant(s).Case No. ADJ7021596ORDER DENYING RECONSIDERATION            Wc 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 w hich we adopt and incorporate, we will deny reconsideration.            The WCJ states in his report that h^ “believed that the applicant was not credible or forthcoming in her testimony.” The WCJ’s credibility determination is entitled to great weight because lie had the opportunity to observe the demeanor of the witnesses. (Garza v. Workmen’s Comp. Appeals Bd (1970) 3 Cal.3d 312, 319 [35 Cal.Comp.Cases 500, 505].) His credibility determination may be rejected only on the basis of contrary evidence of considerable substantiality. (Id.; Lamb v. Workmen’s Comp. Appeals Bd. (1974) 11 Cal.3d 274, 280-281 [39 Cal.Comp.Cases 310, 314J.) Here, we do not find evidence of considerable substantiality that w’ould warrant rejection of the WCJ’s credibility determination. , 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,________________________________________JAMES C. CUNEO________________________________________NEIL P. SULLIVANDATED AND FILED AT SAN FRANCISCO. CALIFORNIAAUG 02 2010SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.PAMELA MENDESHOLSTEIN, TAYLOR & UNITTHANTNA, BROPHY, MacLEAN, McALEER & JENSEN, LLPcsl , CASE NO: ADJ7021596PAMELA MENDESVs.COUNTY OF LOS ANGELESWORKERS’ COMPENSATIONADMISTRATIVE LAW JUDGE: DAVI

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