Home/Case Law/Brenda Garcia-Martinez vs. SMS RESORTS, INC DBA SYCAMORE MINERAL SPRINGS, FIREMANS FUND SACRAMENTO
Regular DecisionRegular Panel Decision

Brenda Garcia-Martinez vs. SMS RESORTS, INC DBA SYCAMORE MINERAL SPRINGS, FIREMANS FUND SACRAMENTO

Filed: Sep 24, 2012
San Luis Obispo
ADJ1364496 (GRO 0033020)

CompFox AI Summary

The Appeals Board granted the defendant's petition for reconsideration, rescinding the previous Findings and Award. The Board found that the evidence presented, particularly from Dr. Ferro, lacked sufficient medical reasoning and history to establish the applicant's left shoulder injury as work-related. While the Agreed Medical Evaluator (AME), Dr. Ovadia, also found no work-related injury, his reports were incomplete as he never received the applicant's left shoulder MRI. The case is remanded for further development of the medical record, including providing Dr. Ovadia with the MRI, to determine causation.

Full Decision Text1 Pages

The Appeals Board granted the defendant's petition for reconsideration, rescinding the previous Findings and Award. The Board found that the evidence presented, particularly from Dr. Ferro, lacked sufficient medical reasoning and history to establish the applicant's left shoulder injury as work-related. While the Agreed Medical Evaluator (AME), Dr. Ovadia, also found no work-related injury, his reports were incomplete as he never received the applicant's left shoulder MRI. The case is remanded for further development of the medical record, including providing Dr. Ovadia with the MRI, to determine causation.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Brenda Garcia-Martinez vs. SMS RESORTS, INC DBA SYCAMORE MINERAL SPRINGS, FIREMANS FUND SACRAMENTO (2012) – San Luis Obispo | CompFox