Francisco Patron vs. Personnel Plus Inc; National Union Fire Insurance Company Of Pittsburgh, Pa, Administered By Chartis
In this case, Personnel Plus Inc and National Union Fire Insurance Company of Pittsburgh, PA, administered by Chartis, sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) finding that Francisco Patron sustained an industrial injury to his neck, back and right shoulder on July 13, 2010, while employed as a forklift operator. The WCJ found that the injury was presumed compensable under Labor Code section 5402(b) due to the defendant’s failure to timely deny the claim. The defendant argued that the WCJ failed to provide a basis for her determination in view of defendant’s evidence undermining applicant’s credibility. The Appeals Board granted reconsideration, rescinded the Findings and Award and Order, and returned the matter to the
