Mashadda v. Western Employers Insurance

Claimant seeks judicial review of a Workers’ Compensation Board order that reversed a referee’s order setting aside employer’s denial of his claim. The parties agree that while claimant was operating a dirt compaction roller on September 2, 1981, the machine tipped over. They dispute, however, whether that incident resulted in a compensable injury to claimant. On de novo review, we reverse and remand.

The referee specifically found that claimant was not credible. The Board and we agree. The record is replete with inconsistent testimony by claimant as to the details of the accident and his…