Case Law Database

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

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.