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.