CALIFORNIA MEN’S COLONY, STATE COMPENSATION INSURANCE FUND WADE GAVIN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWADE GAVIN, Applicant,vs.CALIFORNIA MEN’S COLONY, STATE COMPENSATION INSURANCEFUND, Defendants.Case No. ADJ7534513; ADJ7596521(San Luis Obispo District Office)ORDER DENYING RECONSIDERATION We 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 which we adopt and incorporate, we will deny reconsideration. We are, moreover, extending to the WCJ’s finding on credibility the great weight to which it is entitled (see Garza v. Workers’ Comp. Appeals Bd. (1970) 3 Cal. 3d 312, 35 Cal. Comp. Cases 500).///////////////////////////////// , For the foregoing reasons, IT IS ORDERED that said Petition for Reconsideration be, and it hereby is, DENIED.WORKERS’ COMPENSATION APPEALS BOARD_______________________________________________DEIDRA E. LOWEI CONCUR,_______________________________________________ ALFONSO J. MORESI_______________________________________________ RONNIE G. CAPLANEDATED AND FILED AT SAN FRANCISCO, CALIFORNIA MAY 29, 2012SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.WADE GAVIN ADAMS FERRONE & FERRONESTATE COMPENSATION INSURANCE FUND/bgr WADE, Gavin , WADE GAVINvs.CALIFORNIA MENS COLONY;STATE COMPENSATIONINSURANCE FUNDCASE NOS. ADJ7534513, ADJ7596521WORKERS’ COMPENSATION ADMINISTRATIVE LAW JUDGE:MICHAEL LeCOVERREPORT OF WORKERS’ COMPENSATION ADMINISTRATIVE LAW TUDGEON PETITION FOR RECONSIDERATION INTRODUCTION Applicant, born while employed by defendant/employer as corrections officer (Group 490) sustained injury arising out of and in the course of employment to his left knee on August 28, 2004, (ADJ7534513) and c
WADE GAVIN vs. CALIFORNIA MEN’S COLONY, STATE COMPENSATION INSURANCE FUND
and ADJ7596521 is a case involving Wade Gavin, an applicant, and California Men's Colony and State Compensation Insurance Fund, defendants. Gavin claimed to have sustained injury arising out of and in the course of employment to his left knee on August 28, 2004, and to both knees on January 19, 2010. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, finding that the case was barred by the post termination statute and that Gavin was not credible.
- Filed On:
- Court: California, San Luis Obispo
- Case No. ADJ7534513
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