Rogers v. Workers' Compensation Appeals Board

Petitioner Jessica Rogers (applicant) seeks review of the decision of respondent Workers’ Compensation Appeals Board (Board) af *1197 firming its decision on reconsideration which rescinded the findings of the workers’ compensation judge (WCJ) that applicant sustained injuries in the course of her employment by respondent Hughes Aircraft Company (Hughes).

We hold that the Board’s decision must be affirmed since the Board correctly determined that applicant did not meet her burden of proving by a preponderance of the evidence that her injuries arose out of her employment.

Applicant’s claim for compensation benefits was submitted on her deposition testimony, certain medical reports, and a stipulation that she claims to have sustained industrial injuries to her right arm and ankle, left hip and neck on July 15, 1983, while employed as a developmental assembler by Hughes, whose insurance carrier at that time was Hartford Accident & Indemnity Company. Applicant did not appear, and no testimony was presented, at the hearing.

Consequently, the only evidence presented by applicant on the issue of industrial causation consisted of her own deposition testimony. She testified in…