Zachary Stephenson, vs. Atherton Appliance & Kitchens; And State Compensation Insurance Fund,

This case is about Zachary Stephenson, an employee of Atherton Appliance & Kitchens, who was injured at work on April 2, 2009. The Workers' Compensation Appeals Board denied the Petition for Reconsideration filed by Atherton Appliance & Kitchens and the State Compensation Insurance Fund, finding that Stephenson was a credible witness and that he was injured at work as he described. The Board also found that the exclusion of an "employee report of injury" form from evidence and the disallowing of cross-examination of Stephenson regarding the contents of the form did not deprive the defendants of due process.

ATHERTON APPLIANCE & KITCHENS; and STATE COMPENSATION INSURANCE FUND, ZACHARY STEPHENSON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAZACHARY STEPHENSON, Applicant,vs.ATHERTON APPLIANCE & KITCHENS;and STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ6836483ORDER 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 0Cal. 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        _______________________________        GREGORY G. AGHAZARIANI CONCUR,                                                                                                                                                                                                                                            _______________________________        ALFONSO J. MORESI_______________________________        FRANK M. BRASSDATED AND FILED AT SAN FRANCISCO, CALIFORNIANOV 16 2009SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:State Compensation Insurance FundBreall & BreallZachary Stephensonbgr , STATE OF CALIFORNIADIVISION OF WORKERS’ COMPENSATIONWORKERS’ COMPENSATION APPEALS BOARDZACHARY STEPHENSON, Applicant,vs.ATHERTON APPLIANCE & KITCHENS and STATE COMPENSATION INSURANCE FUND, Defendants.CASE NO.: ADJ6836483REPORT AND RECOMMENDATION ON PETITION FOR RECONS

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