ACV Apraisal, State Compensation Insurance Fund / ACV Appraisers Wholesale Autos, State Compensation Insurance Fund Tiberio Calderon Moreno WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATIBERIO CALDERON MORENO, Applicant, vs.ACV APPRAISAL, STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ1511860 (SDO 0351937) OPINION AND ORDER DENYING PETITIONS FOR RECONSIDERATION Applicant, in pro per, seeks reconsideration of the Findings and Orders issued April 25, 2011, wherein the workers’ compensation administrative law judge (WCJ) found that applicant did not sustain a compensable industrial injury “to his hernia, back, psyche, sexual dysfunction, and sleep disorder” while employed on December 4, 2006 as a “janitor/car washer”. In two, separate, petitions for reconsideration, filed May 3, 2011 and May 17, 2011, applicant has failed to set forth any statement of error regarding the WCJ’s decision, but has used a highlighter to indicate, on a WCAB Form 45 Petition for Reconsideration that “the findings of fact do not support the order, decision or award.” However, applicant made no reference to the law or factual record. In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ set forth the extensive factual background regarding applicant’s claims for workers’ compensation benefits and the bases for the WCJ’s decision in the present case. Furthermore, the WCJ noted at page 6: “Petitioner’s credibility as a historian during the trial was very poor. His testimony about historical matters was contrary to contemporary records thereof, especially as concerned the effects in late 2006 of the injuries he suffered during employment as a tree trimmer for PROVCO in 2003. There was no medical evidence , that petitioner’s disabilities arose from an injury at applicant’s employer ACV.” Based upon our review of the record, and for the reasons set forth herein and in the WCJ’s Report, which we adopt an
Menu
