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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.
MARTIN GARCIA vs. MCKITTRICK RANCH, ZENITH INSURANCE COMPANY is a workers' compensation case decided in Bakersfield. 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 Bakersfield.
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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