Martins v. Workers' Compensation Appeals Board

Opinion

STONE (S. J.), P. J.

Here we hold that a doctor’s report which does not apportion injuries according to the workers’ compensation statutes is not legally sufficient to support apportionment.

Facts

In June of 1991, Rita Martins filed a claim alleging injury to both lower extremities in the course of her employment by Farm Boy Restaurant, insured by G.M.I.S. (respondents), from September 15, 1964, to October 12, 1990. Martins had worked as a waitress and as a restaurant manager during that period. She sometimes worked eight-hour shifts on cement floors. As a manager, her duties included…