WCPanelIQ
PanelDenied

Andrew Ping Xie — ADJ13906646

ANDREW PING XIE, Applicant vs. JJH CONSTRUCTION INCORPORATED; UNITED WISCONSIN INSURANCE COMPANY, Defendants

ADJ number
ADJ13906646
Decision date
Sep 20, 2021
District office
Long Beach
WCJ
—
Claim administrator
United Wisconsin Insurance Company
Commissioners
—

Injury / body parts: left foot

LC §3202.5LC §5705LC §5402LC §5401

Summary

Applicant Andrew Ping Xie sought reconsideration of a WCJ's June 29, 2021 Findings and Order that he failed to prove an industrial injury to his left foot. Xie testified he injured his foot stepping on debris at work, but had given urgent care a history of stepping on a rock at the beach and certified on a timesheet the next day that he had no work injuries that week. The WCJ found applicant's testimony not credible, independent of a contested criminal-record exhibit. The Board affirmed, holding credibility determinations are entitled to great deference and that no Labor Code section 5402(b) presumption arose because no DWC-1 claim form was shown to have been filed with the employer. The Petition for Reconsideration was denied.

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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