WCAB Substantial Evidence Case In California

"Unlike the court, the Workers' Compensation Appeals Board [WCAB] is empowered on reconsideration to resolve conflicts in the evidence, to make its own credibility determinations, and to reject the findings of the workers' compensation judge and enter its own findings on the basis of its review of the record; nevertheless, any award, order or decision of the Board must be supported by substantial evidence in the light of the entire record." (Bracken v. Workers' Comp. Appeals Bd. (1989)). The workers' compensation judge relied upon solid, credible evidence to make wholly supported findings, and the WCAB's findings on reconsideration cannot be said to be based upon ". . . inferences which cannot be fairly drawn from the evidence, based on evidence lacking probative force, or based on a purely ' "fanciful conclusion." ( Id. at p. 256.)