Safeway

Cynthia Mackey sought workers compensation benefits for her fibromyalgia, claiming that it was caused by her employment with Safeway, Inc., and by her work-related tendinitis and knee injuries. The Workers Compensation Board denied Mackey benefits after the date that she was diagnosed with fibromyalgia, holding that Safeway had rebutted the presumption of compensability by providing substantial evidence that Mackeys fibromyalgia was not work-related, and that Mackey had failed to prove by a preponderance of the evidence that it was work-related. The Board also denied Mackey continuing benefits for her tendinitis after the date that she was diagnosed with fibromyalgia, holding that Mackey had failed to prove by a preponderance of the evidence that her continuing condition was caused by work-related tendinitis rather than by fibromyalgia.