Home/Case Law/MARTIN GARCIA vs. MCKITTRICK RANCH, ZENITH INSURANCE COMPANY
Regular DecisionReconsideration

MARTIN GARCIA vs. MCKITTRICK RANCH, ZENITH INSURANCE COMPANY

Filed: Sep 28, 2012
Bakersfield
ADJ7523216

CompFox AI Summary

Applicant Martin Garcia sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding 2% permanent disability for a left shoulder injury. The applicant argued the Qualified Medical Examiner's (QME) opinion was insubstantial and lacked proper evaluation time. The WCAB granted reconsideration, affirming the initial findings regarding the admitted injury and temporary disability. However, the WCAB deferred the issue of permanent disability, returning the case to the trial level to address causation, permanent and stationary date, and permanent disability for other body parts (back and psyche) to avoid piecemeal decisions.

Full Decision Text1 Pages

Applicant Martin Garcia sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding 2% permanent disability for a left shoulder injury. The applicant argued the Qualified Medical Examiner's (QME) opinion was insubstantial and lacked proper evaluation time. The WCAB granted reconsideration, affirming the initial findings regarding the admitted injury and temporary disability. However, the WCAB deferred the issue of permanent disability, returning the case to the trial level to address causation, permanent and stationary date, and permanent disability for other body parts (back and psyche) to avoid piecemeal decisions.

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MARTIN GARCIA vs. MCKITTRICK RANCH, ZENITH INSURANCE COMPANY (2012) – Bakersfield | CompFox