What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration denied by WCAB panel after review of WCJ report and record.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Applicant failed to sustain burden of proof of injury; WCJ credibility determinations were given great weight and supported by substantial evidence; defense witnesses' testimony was more credible; QME Dr. Lee's medical opinions were considered but did not overcome credibility findings.
From the decision · page 4The Joint Findings of Fact and Opinion on Decision dated March 13, 2023 found the applicant failed to sustain the burden of proof of injury as alleged, both with regard to the specific as well as the cumulative trauma. The applicant was not found to be a credible witness as to the allegations made for both claimed injuries. Those findings were based on the entirety of the record submitted at time of trial with the conclusion the applicant shall take nothing.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant's testimony was not found credible by the WCJ and was not corroborated by any other witness.
Favours Defendant prevailed
Credibility determinations were given great weight by the WCAB panel and were central to denying the petition for reconsideration and claim.
From the decision · page 1We have given the WCJ's credibility determinations great weight because the WCJ had the opportunity to observe the demeanor of the witnesses. (Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312, 318-319 [35 Cal.Comp.Cases 500].) Furthermore, we conclude there is no evidence of considerable substantiality that would warrant rejecting the WCJ's credibility determinations. (Id.)
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Relied on applicant's history for claimed specific injury and cumulative trauma; deferred credibility issues to trier of fact; issued multiple reports.
QME reports were considered but credibility determinations were for the WCJ and WCAB panel; QME did not hear trial testimony or observe witnesses.
From the decision · page 5The QME reports of Dr. Lee (exhibit "B") were entered into evidence and considered in the analysis of the facts and issues presented in this case. The QME relied on the history as given by the applicant as to the claimed specific injury and cumulative trauma. The medical reports of Dr. Lee to the extent they were based on the representations made by the applicant then deferred issues to the trier of fact when it came to determining the credibility of the witness. The QME does not hear the testimony at trial, the QME does not have the opportunity to hear and observe rebuttal witnesses at trial. Taking into account the entirety of
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code Section 3208.3(b)(1)
Labor Code Section 3208.3(b)(1) requires an employee to demonstrate by a preponderance of the evidence that actual events of employment were predominant as to all causes combined of the alleged psychiatric injury.
Applied to determine compensability of psychiatric injury.
From the decision · page 7Based on the allegations of psychiatric injuries Labor Code Section 3208.3(b)(1) is pertinent and applicable to the present cases. Labor Code Section 3208.3 (b)(1) states as follows: "(b)(1) In order to establish that a psychiatric injury is compensable, an employee shall demonstrate by a preponderance of the evidence that actual
What proof carried it
The evidence the panel weighed, by kind.
WCJ's credibility determinations given great weight; applicant's testimony found not credible; defense witnesses' testimony found credible and persuasive.
From the decision · page 1We have given the WCJ's credibility determinations great weight because the WCJ had the opportunity to observe the demeanor of the witnesses. (Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312, 318-319 [35 Cal.Comp.Cases 500].) Furthermore, we conclude there is no evidence of considerable substantiality that would warrant rejecting the WCJ's credibility determinations. (Id.)
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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