January, 2008 - CompFox

Wallace N. Barnes vs. Ron & Sons Trucking, Inc.; State Compensation Insurance Fund

Leave a Comment / California, San Diego / By Ashish

P.O. BOX 7441SAN FRANCISCO, CA 94120-7441RON & SONS TRUCKING, INC.PAG/csl SDO0335050P.O. BOX 7441SAN FRANCISCO, CA 94120-7441In this case, Wallace N. Barnes, the applicant, was injured while employed as a truck driver on March 31, 2005. The parties stipulated that the employer, Ron & Sons Trucking, Inc., paid temporary disability from April 1, 2005 to March 31, 2007 at the rate of $479.36 per week. However, the benefits printout submitted by the employer showed that the temporary disability was paid at the rate of $319.57

Anthony Arinze vs. Labor Finders; ACE USA

Leave a Comment / California, San Diego / By Ashish

Labor Finders; ACE USA Anthony Arinze WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTHONY ARINZE, Applicantvs.LABOR FINDERS; ACE USA, Defendant(s)Case No. SDO 0325797OPINION AND ORDERGRANTING RECONSIDERATIONAND DECISION AFI’ERRECONSIDERATION Defendant, ACE USA, on behalf of its insured, Labor Finders, seeks reconsideration of the Findings, Award and Order, issued October 31, 2007, in which a workers’ compensation administrative law judge (WCJ) …

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Valerie Allen vs. State Of California/ Department Of Development Services/ Lanterman Developmental Center, Legally Uninsured, Adjusted By State Compensation Insurance Fund

Leave a Comment / California, Pomona / By Ashish

State of California/ Department of Development Services/ Lanterman Developmental Center, legally uninsured, adjusted by State Compensation Insurance Fund Valerie Allen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVALERIE ALLEN, Applicantvs.STATE OF CALIFORNIA/ DEPARTMENT OF DEVELOPMENTAL SERVICES I LANTERMAN DEVELOPMENTALCENTER, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendant(s)Case No. POM 267164OPINION AND ORDERDENYING RECONSIDERATION Defendant seeks reconsideration of the …

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Joanna Wright vs. Safeway Inc., Permissibly Self-insured

Leave a Comment / California, Salinas / By Ashish

This case is about Safeway Inc., Permissibly Self-Insured, and lien claimant Joanna Wright. The lien claimant, a panel qualified medical examiner, Peter Thibodeau, D.C., sought reimbursement for his November 8, 2006 medical-legal report. The workers’ compensation administrative law judge allowed the lien claimant the sum of $3,000.00 as the reasonable value of his report. The lien claimant argued that his report should be calculated as an ML 104 and he should be reimbursed $17,375.00 for more than 70 hours he spent preparing the report. The workers’ compensation appeals board denied the lien claimant’s petition for reconsideration, granted the defendant’s petition for reconsideration,

Joanne Williams vs. Denny’s Corporation; American Home Assurance, Administered By Gallagher Bassett Services

Leave a Comment / California, San Francisco / By Ashish

In this case, Joanne Williams, an employee of Denny’s Corporation, was injured while working as a restaurant manager. The Workers’ Compensation Appeals Board granted reconsideration and amended the decision to reflect that the issues of credit for temporary disability indemnity overpayments, a Labor Code section 5814 penalty based on any unpaid temporary disability, and attorney’s fees based on the penalty for any unpaid temporary disability indemnity were deferred. The Board found that the administrative law judge acted within his discretion in utilizing the agreed anticipated restaurant management salary of $36,000.00 per year to determine applicant’s earnings and temporary disability rate. The case was returned to the trial level for further proceedings and decision.

John Turner vs. City Of Eureka, Permissibly Self-insured, Do Redwood Empire Municipal Insurance Fund

Leave a Comment / California, Eureka / By Ashish

In this case, the City of Eureka, Permissibly Self-Insured, do Redwood Empire Municipal Insurance Fund sought reconsideration of a workers’ compensation administrative law judge’s decision that the applicant had sustained industrial injury to his heart and a blood borne infectious disease injury in the form of Hepatitis C. The Workers’ Compensation Appeals Board granted reconsideration in Case Number EUR 0038527 and rescinded the WCJ’s decision, returning the matter to the trial level for further proceedings. The Board also dismissed the petition with respect to Case Number EUR 0038526, as it was untimely.

Johny Ortega vs. County Of Orange, Legally Uninsured

Leave a Comment / California, San Francisco / By Ashish

In this case, Johnny Ortega was suing the County of Orange for workers’ compensation. The Second Appellate District of the Court of Appeal, Division Four, denied the defendant’s Petition for Writ of Review and remanded the matter to the Appeals Board for a supplemental award of attorney’s fees to the applicant’s counsel. After the parties reached an agreement on a number of issues, including attorney’s fees, the Appeals Board granted reconsideration and rescinded the January 4, 2008 Award of attorney’s fees, affirming the Order issued by the WCJ on November 14, 2007.

Robert Mcclung vs. City Of El Monte; Colen & Lee

Leave a Comment / California, Van Nuys / By Ashish

This case is about Robert McClung, a worker, who is seeking reconsideration of a Findings and Award issued by a workers’ compensation administrative law judge. The award ordered the lien claimant, Dr. Austin Hsu of Chiropractic Healthworks, to provide appropriate documentation in support of its bill and lien to the defendant within 30 days of the service of the award. The lien claimant argued that the WCJ erred by ordering them to provide documentation of billing, giving too much consideration to the opinions of the defendant’s doctor, ordering the defendant to pay pursuant to the official medical fee schedule, and failing to award penalties against the defendant for unreasonable delay in payment of the lien claim. The petition was dismissed due to the

Daniel Maltos vs. Ultimate Staffingservices; Zorich American Insurance Company Adjusted By Novapro Risk Solutions Inc.

Leave a Comment / California, Fresno / By Ashish

Daniel Maltos was injured while working as a forklift driver/laborer for Ultimate Staffing Services. The Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration and amended the Findings and Award to find earnings of $320.00 per week, resulting in a temporary disability indemnity rate of $213.33. The Board found that the employee’s earnings were $320.00 per week, warranting an indemnity rate of $213.33 for temporary disability, and that temporary disability indemnity was due at the rate of $213.33 per week from August 7, 2005, less wages earned on a wage loss basis and less benefits already paid, plus 10% increase on portion of benefits not previously paid per Labor Code

Celestino Aguilar-maldonado vs. Gallo Winery, Permissibly Self·insured

Leave a Comment / California, Stockton / By Ashish

Gallo Winery, Permissibly Self·Insured Celestino Aguilar-Maldonado WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACELESTINO AGUILAR-MALDONADO, Applicant,vs.GALLO WINERY, Permissibly Self-Insured, Defendant(s).Case No. STK 166227OPINION AND ORDER DENYING RECONSIDERATION Applicant, Celestino Aguilar-Maldonado, seeks reconsideration of the October 21, 2007Findings and Order, wherein it was found that applicant did not sustain new and further disabilityto his psyche, based on an industrial injury …

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January 2008