WCPanelIQ
PanelDenied

Thi Huynh, My Phuong

MY PHOUNG THI NUYNH, Applicant vs. ANDRE TRAN, homeowner; WAWANESA INSURANCE COMPANY, Defendants

ADJ number
ADJ15061583
Decision date
Nov 24, 2024
District office
Anaheim
WCJ
—
Claim administrator
Wawanesa Insurance Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: lumbar spine

LC §5909LC §5900CCR §10961

Summary

Defendant Andre Tran (homeowner) and Wawanesa Insurance Company sought reconsideration of the WCJ's August 27, 2024 Findings of Fact, which found that applicant My Phuong Thi Huynh sustained an industrial injury to her lumbar spine on December 29, 2019, while employed by the defendant. Defendant argued that the applicant's testimony was not credible and the WCJ erred in finding in applicant's favor. The Appeals Board first addressed the timeliness of its decision under the amended Labor Code section 5909, confirming it acted within 60 days of the case's transmission on September 27, 2024. On the merits, the Board gave great weight to the WCJ's credibility determinations under Garza, finding no evidence of considerable substantiality to reject them, and denied reconsideration. The Board also noted the parties had filed a Compromise and Release on November 19, 2024, but proceeded with the decision absent guidance from the parties.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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