ADJ4065327

This case involves a petition for reconsideration filed by the City of Santa Monica, Permissibly Self-Insured, against Jesus Martinez, the applicant. Martinez had filed a petition for serious and willful misconduct, alleging that the City of Santa Monica had exposed him to toxic fumes from diesel exhaust. The Workers’ Compensation Appeals Board granted reconsideration and issued an opinion and decision after reconsideration, amending the Findings and Order to find that the City of Santa Monica did not violate Labor Code section 4553 in ADJ721451, as alleged in Martinez’s petition. The Board found that Martinez had not established that the City of Santa Monica’s misconduct in denying him water breaks was proximately responsible for his industrial injury, and that his petition did

and ADJ721451 (VNO 0542151) is a case in which the City of Santa Monica, Permissibly Self-Insured, sought reconsideration of the September 12, 2012 Amended Joint Findings, Award and Order wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, Jesus Martinez, sustained a cumulative trauma industrial injury to his psyche and gastrointestinal system that caused 25% permanent partial disability and a specific industrial injury to his right knee, spine, and right upper extremity that caused 2% permanent partial disability. The WCJ reconsidered the case and rescinded the September 12, 2012 Joint Findings, Award and Order, finding that Martinez was not entitled to any permanent disability as a result