Genio Cheun vs. Leon’s Transmission; Advantage Workers’ Compensation Insurance

This case involves a worker's compensation claim by Genio Cheun against Leon's Transmission and Advantage Workers' Compensation Insurance. Cheun testified that he was putting a drive shaft into a transmission when it fell and hit the left side of his head. Two witnesses corroborated his testimony, and medical evidence from the date of injury was consistent with his testimony. The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration, noting that the defendant had referred to medical evidence not included in the evidentiary record and that the defendant had made arguments and rendered decisions based on evidence not admitted in the record.

LEON’S TRANSMISSION; ADVANTAGE WORKERS’ COMPENSATION INSURANCE GENIO CHEUN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGENIO CHEUN, Applicant,vs.LEON’S TRANSMISSION; ADVANTAGE WORKERS’COMPENSATION INSURANCE, Defendants.Case No. ADJ8126643(Anaheim District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings of Fact of May 21, 2012, wherein it was found that, while employed as a mechanic on October 27, 2011, applicant sustained industrial injury to his head and neck. All other issues were deferred.            Defendant contends that the WCJ erred in finding industrial injury. We have received an answer, and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report).            As explained below, we will deny the defendant’s petition.            The applicant testified that he was putting a drive shaft into a transmission. When he turned away to reach for a bolt with which to attach the drive shaft, the drive shaft fell and hit the left side of his head.            Defense witness Stephen Acevedo testified that he witnessed the applicant pick up the drive shaft to install into the transmission. Acevedo testified that he then went to the restroom. While in the restroom, he heard the applicant scream. He came out and saw that the drive shaft was on the ground. The applicant told Mr. Acevedo that the drive shaft had fallen and had hit him on the head. Mr. Acevedo testified that he did not hear the drive shaft hit the ground. Similarly, defense witness Ruben Peralta testified that he was working near the applicant when he heard the applicant scream. Mr. Peralta turned towards the applicant after the scream and witnessed the drive shaft on the ground. The applicant told , Mr. Peralta that he was hit in the head by the drive shaft. Like Mr. Acevedo, Mr. Peralta testified that he did not hear the drive shaft hit th

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