What the panel ordered
Petition for Reconsideration denied on merits, WCJ's credibility determination given great weight, no injury AOE/COE found.
Petition for Reconsideration filed by applicant challenging WCJ's Findings of Fact and Order dated August 25, 2021, served August 31, 2021, initially found untimely by WCJ but found timely by WCAB panel; petition denied on merits.
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.
AOE/COEDefendant prevailedhead · shoulders · back · legs
Applicant's testimony was found not credible and insufficient to prove injury AOE/COE; PQME Dr. Amory's medical-legal report found no injury AOE/COE; WCJ's credibility determination was given great weight.
From the decision · page 4Applicant's testimony needs to be found credible, and it is the applicant who must sustain her burden of proof by a preponderance of the evidence. Labor Code § 3202.5 provides in pertinent part that all parties, including the applicant, must meet her evidentiary burden of proof on all issues by a preponderance of the evidence in order that all parties are considered equal before the law. A Trier of Fact must weigh all the evidence, including testimony and its credibility, to determine whether there is a sufficient record based upon which a finding of injury could be reached. Garza v. WCAB (1970) 3 Cal.3d 312.