Nicholas Moffit vs. Howard H. Chang/tao Tao Chang; Uninsured Employers Benefits Trust Fund

(SDO 0339757)Summarize: This case involves Nicholas Moffit, an applicant, and Howard H. Chang/Tao Tao Chang; Uninsured Employers Benefits Trust Fund, the defendant. The Petition for Reconsideration was denied by the Workers' Compensation Appeals Board. The WCJ found that Nicholas Moffit sustained an injury to his right shoulder while employed by the Changs on November 7, 2004. The WCJ found the testimony of Nicholas Moffit to be credible and the testimony of Tao Tao Chang to be not credible. The WCJ also found that the Changs provided tools and W-2s to Nicholas Moffit, indicating that he was an employee. The Petition for Reconsideration was denied.

Howard H. Chang/Tao Tao Chang; Uninsured Employers Benefits Trust Fund Nicholas Moffit WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANICHOLAS MOFFIT, Applicant,vs.HOWARD H. CHANG/TAO TAO CHANG; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendant(s).Case No. ADJ3184944 (SDO 0339757)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. (Garza v. Workmen’s 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________________________________________RONNIE G. CAPLANEDATED AND FILED IN SAN FRANCISCO, CALIFORNIA            MAY 03 2011SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:Nicholas Moffit Law Office of Pierre VaughnOffice of the Director – Legal UnitTao Tao Changjp , STATE OF CALIFORNIAWORKERS’ COMPENSATION APPEALS BOARDNICHOLAS MOFFIT, Applicant,v.HOWARD H. CHANG/ TAO TAO CHANG; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendant.Case No. ADJ3184944 (SD0339757)REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATIONINTRODUCTION            Defendant, unlawfully uninsured employer Howard and Tao Tao Chang, filed a timely, verified, petition for reconsideration, on the trial court’s finding of fact that applicant while employed by the Changs, injured his righ

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