Martinez, Sergio

Applicant Sergio Martinez was found by the WCJ on March 26, 2024 to have sustained cumulative injury to his lumbar spine, knees, shoulders, hips, and respiratory system arising out of and in the course of his employment with Giant Jim Pest Control, Inc. during a period ending November 1, 2016, resulting in permanent total disability. Defendant Everest National Insurance Company petitioned for reconsideration, contending the evidence did not justify the finding of respiratory injury resulting in permanent total disability during its coverage period. The Board granted reconsideration and, after the parties participated in a commissioners' settlement conference, the parties filed a Compromise and Release on December 16, 2024. To expedite review and approval of the C&R, the Board rescinded the March 26, 2024 Findings of Fact, Orders, and Award and returned the matter to the trial level for the WCJ to consider the C&R. The Board expressly stated its decision was not a ruling on the merits of the petition.