PERFORMANCE NURSERY, INC.; FA RICHARD LAGUNA HILLS, RAFAEL MORANDO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAFAEL MORANDO, Applicant,vs.PERFORMANCE NURSERY, INC.;FA RICHARD LAGUNA HILLS, Defendant(s).ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the workers’ compensation administrative law judge’s (WCJ’s) Opinion on Decision and the Report and Recommendation on Petition for Reconsideration. Based on our review of the record, and for the reasons stated by the WCJ in said Opinion and 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 whichit is entitled. (Garza v. Workmen’s Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35 Cal. Comp. Cases 500].) We note that although the WCJ recommends dismissing the petition filed by the applicant, in propria persona, for lack of verification, we deny reconsideration on the merits for the reasons stated by the WCJ.////////////////// , 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, _______________________________ DEIDRA E. LOWE_______________________________ ALFONSO J. MORESIDATED AND FILED AT SAN FRANCISCO, CALIFORNIADEC 09 2009SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:RAFAEL MORANDOROBERSON KIMBALLebc , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appe
Rafael Morando, vs. Performance Nursery, Inc.; Fa Richard Laguna Hills,
This case involves Rafael Morando, a 41 year-old planter/unloader for Performance Nursery Inc., who filed an Application for Adjudication on 2/1/08 alleging that on 6/28/06 he sustained injury arising out and occurring in the course of employment to his face and back. The claim was denied by the defendant. Morando filed a Petition for Reconsideration from the Findings and Order dated 10/6/09, but it was not verified as required by Labor Code 5902. The court issued a Findings and Decision on 10/6/09 wherein no injury AOE/COE was found. The Petition for Reconsideration was denied due to inconsistencies in the record and
- Filed On:
- Court: California, Oxnard
- Case No. ADJ4301849
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