Home/Case Law/TED MARTINEZ vs. CITY OF BAKERSFIELD
Regular DecisionWorkers' Compensation

TED MARTINEZ vs. CITY OF BAKERSFIELD

Filed: Apr 10, 2014
Bakersfield
ADJ7904815

CompFox AI Summary

This case concerns Ted Martinez's workers' compensation claim against the City of Bakersfield for industrial psychiatric and Valley Fever injuries. The Board granted reconsideration to review the $41%$ permanent disability award, which the defendant argued was based on an Agreed Medical Examiner's (AME) opinion that failed to comply with Almaraz/Guzman II guidelines. The Board found the AME's opinion lacked sufficient explanation for deviating from the AMA Guides and thus was not substantial evidence. Consequently, the Board affirmed the initial findings of injury but deferred permanent disability and attorney fees for further development of the record at the trial level.

Full Decision Text1 Pages

This case concerns Ted Martinez's workers' compensation claim against the City of Bakersfield for industrial psychiatric and Valley Fever injuries. The Board granted reconsideration to review the $41%$ permanent disability award, which the defendant argued was based on an Agreed Medical Examiner's (AME) opinion that failed to comply with Almaraz/Guzman II guidelines. The Board found the AME's opinion lacked sufficient explanation for deviating from the AMA Guides and thus was not substantial evidence. Consequently, the Board affirmed the initial findings of injury but deferred permanent disability and attorney fees for further development of the record at the trial level.

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