Home/Case Law/Gregory Martinez vs. CITY OF ANAHEIM
Regular DecisionReconsideration

Gregory Martinez vs. CITY OF ANAHEIM

Filed: Jun 30, 2010
ADJ436808 (MON 0271038)

CompFox AI Summary

This case involves the City of Anaheim's petition for reconsideration of an award of temporary total disability benefits to Gregory Martinez for a 2000 spinal injury. The City argued Martinez lacked a willingness to work due to his post-injury retirement and a three-year gap in seeking employment. The Appeals Board denied the petition, finding that Martinez's retirement was not a complete withdrawal from the labor market. The Board highlighted his subsequent self-employment in property rehabilitation as evidence of an intent to pursue other work and demonstrate an earning capacity.

Full Decision Text1 Pages

This case involves the City of Anaheim's petition for reconsideration of an award of temporary total disability benefits to Gregory Martinez for a 2000 spinal injury. The City argued Martinez lacked a willingness to work due to his post-injury retirement and a three-year gap in seeking employment. The Appeals Board denied the petition, finding that Martinez's retirement was not a complete withdrawal from the labor market. The Board highlighted his subsequent self-employment in property rehabilitation as evidence of an intent to pursue other work and demonstrate an earning capacity.

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