William J. Fernalld, vs. Alfonso’s Of La Jolla; State Compensation Insurance Fund,

This case is about William J. Fernall, who was a bartender for Alfonso's of La Jolla. He claimed to have been injured while working on July 6, 2006, but the Workers' Compensation Appeals Board found that he was not a credible witness and denied his petition for reconsideration.

ALFONSO’S OF LA JOLLA; STATE COMPENSATION INSURANCE FUND, WILLIAM J. FERNALLD, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILLIAM J. FERNALLD, Applicant,vs.ALFONSO’S OF LA JOLLA; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ3035185 (SDO 0347102)OPINION AND ORDER DENYING RECONSIDERATION            Applicant, in pro per, seeks reconsideration of the April 21, 2009 Findings and Orders of the workers’ compensation administrative law judge (WCJ) who found that he did not incur industrial injury to his spine, right minor upper extremity and left lower extremity on July 6, 2006,while working as a bartender for Alfonso’s of La Jolla.            Applicant contends that the evidence presented at hearing and other evidence supports his claim that he was injured while working for defendant.            We have carefully reviewed the record and considered the allegations of the petition for reconsideration and the WCJ’s Report and Recommendation on Petition for Reconsideration (Report) with respect thereto. For the reasons stated by the WCJ in his Report, which we adopt and incorporate by this reference, and for the reasons set forth below, we deny applicant’s petition for reconsideration.            The facts are set forth in the Report and will not be repeated in detail herein. However, it is noted that applicant’s claim is based primarily upon his testimony that he was working alone late at night on July 6, 2006, when he slipped on a wet floor mat and fell causing several bottles to break and injuring himself. In his Report, the WCJ explains that he concluded applicant was not a credible witness because his testimony was materially impeached by documentary evidence and the , testimony of other witnesses that showed, inter alia, that applicant did not work alone the night of July 6, 2006, that the person applicant worked with that night did not see him fall and did not see any broken bottles or signs of injury. The WCJ also observed that applicant’s d

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