Home/Case Law/Jesse Martinez vs. Linda Vista Farms, Zenith Insurance Company
Regular DecisionReconsideration

Jesse Martinez vs. Linda Vista Farms, Zenith Insurance Company

Filed: Dec 16, 2014
Fresno
ADJ8094546

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award. The applicant, Jesse Martinez, claims 100% permanent disability due to back and urologic injuries, but the trial judge awarded 45%. The Board found insufficient evidence to fully address whether the applicant's diminished future earning capacity rebutted the scheduled permanent disability rating. The matter was returned to the trial level for further development of the record concerning this specific issue.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award. The applicant, Jesse Martinez, claims 100% permanent disability due to back and urologic injuries, but the trial judge awarded 45%. The Board found insufficient evidence to fully address whether the applicant's diminished future earning capacity rebutted the scheduled permanent disability rating. The matter was returned to the trial level for further development of the record concerning this specific issue.

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