SIPRIANO MARTINEZ, Deceased MARINA MARTINEZ, Widow vs. WILLIAM BOLTHOUSE FARMS, Permissibly Self-Insured

WILLIAM BOLTHOUSE FARMS, Permissibly Self-Insured SIPRIANO MARTINEZ, Deceased MARINA MARTINEZ, Widow WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASIPRIANO MARTINEZ, DeceasedMARINA MARTINEZ, Widow, Applicantvs.WILLIAM BOLTHOUSE FARMS, Permissibly Self-Insured, Defendants.Case No. ADJ6602419(Bakersfield District Office)ORDER DENYING RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration.            We further note that on page 13 of his Report, the WCJ seems to suggest that Escobedo v. Marshalls (2005) 70 Cal.Comp.Cases 604 [Appeals Board en banc] and EL. Yeager v. Workers’ Comp. Appeals Bd. (Gatten) (2006) 145 Cal.App.4th 922 [71 Cal.Comp.Cases 1687] do not address the legal standards for determining whether a medical opinion constitutes substantial evidence. Although the two cases address the issue of apportionment, they also correctly outline what constitutes substantial medical evidence, and those standards apply to any medical report relied upon by the WCJ.1 As more fully set forth in the remainder of the WCJ’s Report, there is substantial evidence that the stress of the decedent’s 1 For instance, in Gatten, at 145 Cal.App.4th 922, the Court echoed Escobedo’s discussion of substantial evidence as follows: “In order to constitute substantial evidence, a medical opinion must be predicated on reasonable medical probability. (McAllister v. Workmen’s Comp. App. Bd. (1968) 69 Cal.2d 408, 413,416-417, 419 [71 Cal. Rptr. 697, 445 P.2d 313].) Also, a medical opinion is not substantial evidence if it is based on facts no longer germane, on inadequate medical histories or examinations, on incorrect legal theories, or on surmise, speculation, conjecture, or guess. (Hegglin v. W

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