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The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order, finding that res judicata and collateral estoppel did not apply to determine industrial causation for a Public Employees' Retirement System (PERS) disability retirement. The stipulated workers' compensation award was expressly limited and the Labor Code section 3212 presumption is inapplicable to PERS matters. Furthermore, the Board found the agreed medical examiner's opinions too speculative and lacking in substantial evidence to establish causation for the disability retirement claim. The case is remanded for further development of the record to determine industrial causation under the correct legal standard without the section 3212 presumption.
GILBERT ORTIZ vs. CITY OF FULLERTON; Permissibly SelfInsured, Administered By ADMINSURE is a workers' compensation case decided in Santa Ana. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Santa Ana.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order, finding that res judicata and collateral estoppel did not apply to determine industrial causation for a Public Employees' Retirement System (PERS) disability retirement. The stipulated workers' compensation award was expressly limited and the Labor Code section 3212 presumption is inapplicable to PERS matters. Furthermore, the Board found the agreed medical examiner's opinions too speculative and lacking in substantial evidence to establish causation for the disability retirement claim. The case is remanded for further development of the record to determine industrial causation under the correct legal standard without the section 3212 presumption.
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