August, 2007 - CompFox

Randy Shook (deceased), Glenda Stafford (applicant), vs. Ati Systems; Esis/ace American Insurance Company,

Leave a Comment / California, San Francisco / By Ashish

is a case between ATI Systems, ESIS/ACE American Insurance Company, Randy Shook (deceased), and Glenda Stafford (applicant). The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration and denied removal. The Petition for Reconsideration was dismissed because it was not a “final” order, decision, or award, and removal was denied because Petitioner did not show that there would be substantial prejudice or irreparable harm if removal was not granted.

Brian San Nicolas, vs. Pepsi Bottling Group; Old Republic Insurance, Administered By Sedgwick/cms; Continental casualtv, Administered By Cna,

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

This case involves a worker’s compensation dispute between Brian San Nicolas, Pepsi Bottling Group, Old Republic Insurance, administered by Sedgwick/CMS, and Continental Casualty, administered by CNA. San Nicolas claimed he incurred industrial injury to his back and psyche while employed as a mechanic by Pepsi Bottling Group, insured by Old Republic, during the cumulative trauma period ending June 16, 2004. The Workers’ Compensation Appeals Board affirmed the award of temporary disability indemnity in SAL 107113, but rescinded the award of additional temporary disability indemnity in SJO 220636 because the Appeals Board lacked jurisdiction to make an award in that case for a period of temporary disability that began more than five years after the April 26, 1999 date of injury

Maria Martinez, vs. Sunrise Ranch; California Insurance Guarantee Association, By Intercare Insurance Services For Paula Insurance Company, Inliquidation,

Leave a Comment / California, Oxnard / By Ashish

is a case in which the California Insurance Guarantee Association (CIGA) sought reconsideration of a decision by a workers’ compensation administrative law judge (WCJ) that found that the applicant sustained industrial injury to her bilateral wrists and hands during the period August 27, 1987 to October 6, 1998, causing permanent disability of 51%. CIGA argued that there was no jurisdiction to award the benefits for the 1998 date of injury, that the WCJ did not have the power to amend the issues presented at trial, and that the AME report was not admissible. The Appeals Board granted reconsideration, rescinded the WCJ’s decision, and returned the matter to the trial level for further proceedings and new decision by the WCJ.

Josefina Marron, vs. Workrite Uniforms Company, Inc.; Zenith Insurance Company,

Leave a Comment / California, San Francisco / By Ashish

This case involves a petition for reconsideration filed by Hearing Representative Norma Hall of CMS Network, Inc., on behalf of SB Surgery Center, requesting that the Workers’ Compensation Appeals Board reconsider the Findings and Award of the workers’ compensation administrative law judge (WCJ) served June 1, 2007. The WCJ found that SB Surgery Center (lien claimant) was entitled to a total sum of $5,240.00, against its billing of $10,434.00, of which Zenith Insurance Company had paid previously $4,721.00, leaving a balance due of $519.99. The additional $519.99 was awarded to lien claimant by the WCJ. The WCAB denied the petition for reconsider

Luis M. Mariscal, vs. Blakeley Construction; State Compensation Insljr,.1.nce Fund,

Leave a Comment / California, Santa Rosa / By Ashish

In this case, Luis M. Mariscal was injured while employed as a laborer by Blakeley Construction, and was provided medical treatment and temporary disability payments. The defendant, State Compensation Insurance Fund, sought reconsideration of the Amended Findings, Award and Order, issued June 15, 2007, which found the applicant sustained 23% permanent disability, without apportionment, as a result of the injury. The defendant argued that the WCJ erred in failing to apportion to applicant’s pre-existing pathological condition. The Appeals Board granted reconsideration, rescinded the Findings, Award and Order, and returned the matter to the trial level for further proceedings.

Shannon Hughes, vs. Xybernet, Inc.; Harbor Specialty Insurance Company tig Specialty Insurance,

Leave a Comment / California, San Diego / By Ashish

XYBERNET, INC.; HARBOR SPECIALTY INSURANCE COMPANY TIG SPECIALTY INSURANCE, SHANNON HUGHES, WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHANNON HUGHES,, Applicant,vs.XYBERNET, INC.; HARBOR SPECIALTY INSURANCE COMPANY TIG SPECIALTY INSURANCE, .Defendant(s).Case Nos.SDO 0336102SD00336144OPINION AND ORDERDENYING PETITIONFOR RECONSIDERATION Defendant, Xybemet, Inc., by and through its insurer, Employers Elite Insurance Services, seeks reconsideration of the Joint Findings and Award, issued May 30, …

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Margaret L. Hester, vs. County Of Los Angelesiusc Medical Center; Tristar Risk Management,

Leave a Comment / California, Van Nuys / By Ashish

In this case, the County of Los Angeles/USC Medical Center and Tristar Risk Management were sued by Margaret L. Hester for workers’ compensation. The issue was whether the date of commencement of temporary disability payment was the issuance of the first temporary disability check or the date for which temporary disability was first paid. The Workers’ Compensation Appeals Board affirmed the award, ruling that the date of commencement of temporary disability payment was the date on which temporary disability indemnity was first paid.

Gerardo Garcia, vs. Select Remedy; Ace Usa, Inc.,jesis,

Leave a Comment / California, Long Beach / By Ashish

In this case, Gerardo Garcia, an applicant, is suing Select Remedy; ACE USA, Inc., and JESIS for workers’ compensation. The Workers’ Compensation Appeals Board denied the defendant’s Petition for Reconsideration of the May 14, 2007 Findings and Award, which found that the applicant sustained an industrial injury to his left shoulder while employed as a general laborer on October 5, 2006, and that the employer failed to comply with the notice requirement for the employer’s MPN. The Board found that the defendant’s Petition for Reconsideration was timely filed and that the WCJ’s decision was supported by ample, credible evidence. The Board denied the defendant’s Petition for Reconsideration.

Selena Mccall-fisher, vs. County Of Los Angeles; Cambridge Integrated Services,

Leave a Comment / California, Long Beach / By Ashish

In this case, Selena McCall-Fisher is seeking reconsideration of a decision by the Workers’ Compensation Administrative Law Judge (WCJ) that found she sustained industrial injury to her psyche, headache, both wrists (right major), cervical and lumbrosacral spine in 1995, and that she was entitled to 29.5% permanent disability (PD). The WCJ also found that applicant was not entitled to a 10% increase under Labor Code section 4650(d) for defendant’s failure to timely pay TD benefits, and that applicant was not entitled to a 10% penalty on TD benefits under Labor Code section 5814 because her claim had been settled by the January 14, 1999 Stipulations and Award and there was

Jose Cruz, vs. Tracy Dodge; State Compensation Insurance Fund,

Leave a Comment / California, Stockton / By Ashish

In this case, Jose Cruz was awarded temporary disability indemnity from May 4, 2006 to the present and continuing. However, after reconsideration, the Workers’ Compensation Appeals Board amended the award to provide that temporary disability indemnity terminates 104 weeks after the date of the first payment of temporary disability payment, pursuant to Labor Code section 4656(c)(1) and Hawkins v. Amberwood Products (2007) 72 Cal.Comp.Cases 807 (appeals board en banc). The Board also rejected Jose Cruz’s contentions that his injury is not a “single injury” because two body parts were injured and that he would be entitled to temporary partial disability indemnity after 104 weeks of temporary total disability, as well as

August 2007