Home/Case Law/ALBA B. MARTINEZ vs. COUNTY OF LOS ANGELES – IHSS, YORK INSURANCE
Regular DecisionReconsideration

ALBA B. MARTINEZ vs. COUNTY OF LOS ANGELES – IHSS, YORK INSURANCE

Filed: Dec 27, 2017
Marina Del Rey
ADJ9750091

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's finding that the applicant's claim was presumed compensable under Labor Code §5402 due to a lack of timely denial. Both the applicant's treating physician and a Qualified Medical Examiner concluded the applicant sustained an injury arising out of and in the course of employment. The WCJ found the defendant failed to provide substantial evidence to rebut the presumption or refute the medical opinions, and ordered further development of the record to address incomplete medical histories and potential apportionment issues.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the WCJ's finding that the applicant's claim was presumed compensable under Labor Code §5402 due to a lack of timely denial. Both the applicant's treating physician and a Qualified Medical Examiner concluded the applicant sustained an injury arising out of and in the course of employment. The WCJ found the defendant failed to provide substantial evidence to rebut the presumption or refute the medical opinions, and ordered further development of the record to address incomplete medical histories and potential apportionment issues.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.