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Regular DecisionReconsideration

Tommy Martinez vs. Security Paving Company, The Hartford Insurance Company

Filed: Dec 19, 2017
Oxnard
ADJ8246745

CompFox AI Summary

This case concerns Tommy Martinez's workers' compensation claim against Security Paving Company. The Board granted reconsideration to amend the award, finding Martinez did not sustain a compensable psychiatric injury due to insufficient employment duration. However, the Board affirmed the finding of permanent total disability from his orthopedic injury, ruling it unapportionable and supported by substantial medical evidence independent of vocational reports. The dissenting opinion argues the vocational evidence and QME's opinion on total disability are not substantial, lacking clarity on work capacity due to industrial injury versus other factors.

Full Decision Text1 Pages

This case concerns Tommy Martinez's workers' compensation claim against Security Paving Company. The Board granted reconsideration to amend the award, finding Martinez did not sustain a compensable psychiatric injury due to insufficient employment duration. However, the Board affirmed the finding of permanent total disability from his orthopedic injury, ruling it unapportionable and supported by substantial medical evidence independent of vocational reports. The dissenting opinion argues the vocational evidence and QME's opinion on total disability are not substantial, lacking clarity on work capacity due to industrial injury versus other factors.

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Tommy Martinez vs. Security Paving Company, The Hartford Insurance Company (2017) – Oxnard | CompFox