FIESTA WAREHOUSE LLC; INSURANCE COMPANY OF THE WEST PASTOR ALMENDARES WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPASTOR ALMENDARES, Applicant,vs.FIESTA WAREHOUSE LLC; INSURANCE COMPANY OF THE WEST, Defendants.Case Nos. ADJ7829294; ADJ7082968(Anaheim District Office)OPINION AND ORDER DENYING PETITION FORRECONSIDERATION Applicant seeks reconsideration of the Joint Findings and Order issued July 11, 2012, wherein the workers’ compensation administrative law judge (WCJ) found that applicant did not sustain a compensable industrial injury to his left knee, low back and psyche on February 16, 2009 or August 5, 2009. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ set forth the bases for the decision and expressly noted that applicant was not a credible witness: “As a whole, I found applicant’s testimony and demeanor to be totally without credibility, and based thereon, regardless of any medical evidence that could have been received in evidence, I found that applicant DID NOT SUSTAIN THE BURDEN OF PROOF necessary to establish that he sustained injuries arising out of and in the course of his employment with Fiesta Mexicana Market.” [Report, p. 4.] Applicant filed an unverified and skeletal petition which did not include any reference to the record. In fact, the petition consisted entirely of the “DWC/WCAB Form 45” with no contentions specific to this case. Based upon our review of the record, and for the reasons set forth in the WCJ’s Report, which we adopt and incorporate except for the “Recommendation” set forth on page 5, we will deny applicant’s petition. , We note that California Code of Regulations, title 8, section 10842 sets forth the necessary contents of a petition for reconsideration: “(a) Every petition for reconsideration, removal, or disqualification shall fairly state all of the material evidence relative to the point or points at issue. Each co
PASTOR ALMENDARES vs. FIESTA WAREHOUSE LLC; INSURANCE COMPANY OF THE WEST
; ADJ7082968 is a case in which Pastor Almendares, the applicant, sought reconsideration of a Joint Findings and Order issued July 11, 2012, which found that he did not sustain a compensable industrial injury to his left knee, low back and psyche on February 16, 2009 or August 5, 2009. The Workers' Compensation Appeals Board denied the petition for reconsideration due to the fact that it was an unverified and skeletal petition which did not include any reference to the record.
- Filed On:
- Court: Anaheim, California
- Case No. ADJ7829294
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