WCPanelIQ
PanelDenied

Antonio Vega — ADJ11616714

ANTONIO VEGA, Applicant vs. CABINETS 2000, LLC; CYPRESS INSURANCE, administered by BERKSHIRE HATHAWAY, Defendants

ADJ number
ADJ11616714
Decision date
Aug 17, 2021
District office
Van Nuys
WCJ
David L. Seymour
Claim administrator
Berkshire Hathaway (administering Cypress Insurance)
Commissioners
—

Injury / body parts: unspecified lifting injury

LC §5905LC §5902LC §5903LC §3600CCR §10842CCR §10945CCR §10846CCR §10972

Summary

Applicant Antonio Vega, though still represented by counsel, filed a pro per Petition for Reconsideration challenging the WCJ's June 1, 2021 finding that his claimed specific injury was barred as a post-termination claim under Labor Code section 3600(a)(10). The WCJ found defendant's supervisor witness, Cuevas, more credible than applicant regarding whether an injury was reported before applicant's termination, which occurred 35 days after he started work. The petition was filed without proof of service on applicant's own attorney or defendant, though the defect was cured when defendant timely answered. The Appeals Board denied reconsideration, finding the petition skeletal and lacking specific references to the record, and gave great weight to the WCJ's credibility determinations under Garza. 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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