Home/Case Law/LAZARO MARTINEZ vs. WEDGESTONE CORPORATION, UNITED STATES FIRE INSURANCE
Regular DecisionReconsideration

LAZARO MARTINEZ vs. WEDGESTONE CORPORATION, UNITED STATES FIRE INSURANCE

Filed: Apr 19, 2010
San Francisco
ADJ2247729

CompFox AI Summary

This case involves a defendant's petition for reconsideration of a workers' compensation award for industrial injuries to the applicant's right hand and psyche, back, and right shoulder, resulting in 81% permanent disability. The defendant argued the Administrative Law Judge (ALJ) should have relied on Dr. Sabbag's opinion for apportionment of disability. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, finding Dr. Sabbag's apportionment opinion lacked sufficient reasoning and did not constitute substantial evidence. The WCAB also noted that applying Dr. Sabbag's apportionment would paradoxically result in a higher permanent disability rating.

Full Decision Text1 Pages

This case involves a defendant's petition for reconsideration of a workers' compensation award for industrial injuries to the applicant's right hand and psyche, back, and right shoulder, resulting in 81% permanent disability. The defendant argued the Administrative Law Judge (ALJ) should have relied on Dr. Sabbag's opinion for apportionment of disability. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, finding Dr. Sabbag's apportionment opinion lacked sufficient reasoning and did not constitute substantial evidence. The WCAB also noted that applying Dr. Sabbag's apportionment would paradoxically result in a higher permanent disability rating.

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