What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by defendant Lowe's Company, Inc. challenging Findings of Fact, Award, and Order dated 23 September 2021.
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.
Temporary disabilityApplicant prevailedtemporary disability
The WCJ properly relied on the substantial opinion of primary treating physician Arun Duggal, M.D. and the applicant's credible testimony to find temporary disability from 18 May 2021 through 17 August 2021, with no rebuttal evidence from defendant.
From the decision · page 1The WCJ properly relied on the substantial opinion of primary treating physician Arun Duggal, M.D. Moreover, we have given the WCJ's credibility determination great weight because the WCJ had the opportunity to observe the demeanor of the witness. (Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312, 318-319 [35 Cal.Comp.Cases 500].) Furthermore, we conclude there is no evidence of considerable substantiality that would warrant rejecting the WCJ's credibility determination. (Id.)