July, 2007 - CompFox

Carolyn A. Taggart (carolyn Marchi), vs. Redwood Memorial Hospital;hartford Insurance Company,

Leave a Comment / California, Eureka / By Ashish

In this case, Carolyn A. Taggart (Carolyn Marchi) sustained an industrial injury to her neck, left elbow, left shoulder, right knee, and left hip on June 29, 2004. The Workers’ Compensation Appeals Board granted reconsideration to further study the factual and legal issues and ultimately found that the date of commencement of temporary disability payment as used in section 4656(c)(1) means the date on which temporary disability indemnity is first paid, and not the date for which temporary disability indemnity is first owed. The Board rescinded the WCJ’s decision and returned the matter to the trial level for the WCJ to issue a new decision that applies Hawkins. The 104-week/two-year limitation

Lee A. Smith, vs. County Of Los Angelesiprobation Department, Permissibly Self-insured,

Leave a Comment / California, Van Nuys / By Ashish

This case involves a dispute between Lee A. Smith, an applicant, and the County of Los Angeles Probation Department, permissibly self-insured, regarding an admitted industrial injury to Smith’s cardiovascular system, right side of his body, and psyche in the form of hypertension and stroke. The Workers Compensation Appeals Board granted reconsideration of the Findings and Award of May 9, 2007, and returned the matter to the trial-level WCJ for further proceedings that will include, but may not be limited to, creating an adequate trial record, and thereafter a new decision.

Alfredo Reyes, vs. Central Coast Building Supply; Virginia Surety Company, Adjusted By, Applied Risk Services,

Leave a Comment / California, San Luis Obispo / By Ashish

In this case, Alfredo Reyes was injured on September 29, 2004 and was temporarily disabled following that injury. Central Coast Building Supply and Virginia Surety Company, adjusted by Applied Risk Services, did not commence payment of temporary disability indemnity until March 1, 2005. The Workers’ Compensation Appeals Board affirmed the decision of the WCJ that the 104 compensable weeks within two years limit of section 4656(cXl) begins to run on the date on which temporary disability indemnity is first paid, and not on the date for which it is first owed. The WCJ awarded additional temporary disability indemnity to applicant and the award was made continuing.

Terri M. Crumpton vs. 21st Century Insurance; And National Union Fire Insurance Company,

Leave a Comment / California, San Francisco / By Ashish

In this case, the Workers’ Compensation Appeals Board issued a Notice of Intention to Impose Sanctions of $2,500 against Dan Escamilla, the hearing representative for lien claimant David Silver, M.D., for his bad-faith actions or tactics. Escamilla filed a response to the Notice, but it did not answer the allegations set forth in the Notice. As a result, the Board imposed sanctions in the amount of $2,500 and returned the matter to the trial level workers’ compensation administrative law judge for further proceedings.

Jose T. Bocanegra (deceased), Victoria Valdez Izazaga For Herself I I And As Guardian Ad Litem For Joaquin , Gomez Valdez, A Minor, Malakias Ii ‘ Gomez Valdez, A Minor, Emma 7 I’ Guzman For Herself And As Guardian Ad litem Forjasmyne Bocanegra Valle, a Minor, Gabriella Bocanegra, A Minor, vs. Sun-gro Commodities; State Hi Compensation Insurance Fund

Leave a Comment / Bakersfield, California / By Ashish

In this case, the Workers’ Compensation Appeals Board granted a petition for removal from Victoria Valdez Izazaga, who requested that the appeals board defer the issue of her petition for increased benefits for serious and willful misconduct of the employer. The petition was untimely, but was granted on the board’s own motion. The issue of serious and willful misconduct was deferred and the cases were returned to the trial level for further proceedings.

Raenaldo Abundiz vs. Subsequent Injuries Benefits Trust Fund

Leave a Comment / California, San Jose / By Ashish

In this case, the Workers’ Compensation Appeals Board granted reconsideration to further study the factual and legal issues regarding Raenaldo Abundiz’s claim for workers’ compensation benefits. The Board ultimately affirmed the Findings and Award of August 15, 2006, which found that Abundiz was entitled to benefits from the Subsequent Injuries Benefits Trust Fund. The Board also expressed frustration with the Fund’s insistence that it could not be held liable for the costs of an applicant’s vocational expert and raised the issue of sanctions.

Jose Daniel Romero vs. “american Work Force; State Compensation Insurance Fund

Leave a Comment / California, Van Nuys / By Ashish

This case involves a lien claimant, Beverly Hills Center for Arthroscopic and Outpatient Surgery Center (BHC), who is seeking reimbursement for medical treatment lien from the American Work Force and the State Compensation Insurance Fund. The underlying claim of injury to the applicant’s neck, head, shoulder, and spine, while employed as a fork lift operator on September 17, 2001, was resolved by a December 22, 2004 Order Approving Compromise and Release for $82,000.00. The Workers’ Compensation Appeals Board granted reconsideration, rescinded the WCJ’s decision, and returned the matter to the trial level for further proceedings and decision by the WCJ. The new WCJ is to schedule another l

Maria Ana Paredes (deceased) Carlos Alfredo Alvarez vs. Andromeda Entertainment Inc., Dba Club Galaxy, State Compensation Insurance Fund

Leave a Comment / California, Los Angeles / By Ashish

This case involves the death of Maria Ana Paredes, a waitress employed by Andromeda Entertainment Inc., dba Club Galaxy. Her widower and guardian ad litem of their children, Carlos Alfredo Alvarez, filed a claim for workers’ compensation. At his deposition, Alvarez refused to answer questions about whom in El Salvador his wife economically supported and about his employment history. Defendant filed a motion to compel answers to those questions, which was denied. The defendant sought removal or reconsideration of the order, and the Workers’ Compensation Appeals Board granted the petition for removal, rescinded the WCJ’s order, and granted defendant’s Motion to Compel Answers to Deposition Questions.

Marva Smith, vs. San Diego State University, Permissibly Self-insured,

Leave a Comment / California, San Diego / By Ashish

This case involves Marva Smith, an applicant, and San Diego State University, a permissibly self-insured defendant. Smith filed a petition for disqualification of the workers’ compensation administrative law judge assigned to her case, Michelle Utter, due to Utter’s prior employment as an attorney by State Compensation Insurance Fund (SCIF) and her potential knowledge of a disputed evidentiary fact. The petition was denied as Smith did not provide sufficient evidence to support her claims.

Susan Seger, vs. Petaluma City Schools, Permissibly Self-insured, Adjusted By Redwoods Empire Schools Insurance Group,

Leave a Comment / California, Santa Rosa / By Ashish

is a case in which Susan Seger, the applicant, was injured while working for Petaluma City Schools. The Workers’ Compensation Appeals Board granted reconsideration to further study the factual and legal issues. The WCJ found that Seger sustained an industrial injury to her back, causing permanent disability of 22%, with no apportionment of permanent disability. The WCJ also found that Petaluma City Schools did not offer regular work, modified work, or alternative work within 60 days of Seger’s injury becoming permanent and stationary, entitling her to an increase of 15% of all permanent disability benefits paid after June 20, 2006, pursuant to Labor Code section 4658(d). The Appeals Board rescinded the WCJ’s decision and returned

July 2007