Julian Yac vs. Nietos Brother Corporation; Zenith Insurance Company

This case involves Julian Yac, an employee of Nietos Brother Corporation, who allegedly sustained injuries to his head, face, jaw, neck, left thumb and hand while on the job. Julian Yac filed a Petition for Reconsideration objecting to the decision issued on February 21, 2013. The Petition for Reconsideration was denied by the Workers' Compensation Appeals Board due to the fact that Julian Yac attempted to introduce evidence after the trial and for the first time on Reconsideration. The Board also found that Julian Yac was not a credible witness and was the initial physical aggressor in the altercation.

Nietos Brother Corporation; Zenith Insurance Company Julian Yac WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJULIAN YAC, Applicant,vs.NIETOS BROTHER ORPORATION;ZENITH INSURANCE COMPANY, Defendants.Case No. ADJ8361146 (Pomona 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_________________________________________ALFONSO J. MORESII CONCUR,_________________________________________DEIDRA E. LOWE_________________________________________MARGUERITE SWEENEYDATED AND FILED AT SAN FRANCISCO, CALIFORNIAMAY 09 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.CHERNOW LIEBJORGE MEZAJULIAN YACsye , STATE OF CALIFORNIADivision of Workers’ CompensationWorkers’ Compensation Appeals BoardCASE NUMBER: ADJ8361146JULIAN YAC,-vs.-NIETOS BROTHER CORP.; ZENITHWOODLAND HILLS,WORKERS’ COMPENSATIONADMINISTRATIVE LAW JUDGE: Sharon BernalDATE:REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATION            Applicant, born, [color=rgb(255, 255, 255)]—————— [/color]while employed by NIETOS BROTHERS CORPORATION ON 05-05-2012 allegedly sustained injury arising out of, and occurring in the course of employment to his head, face, jaw, neck, left t

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