April, 2009 - CompFox

Elizabeth Ventocilla, vs. Kaiser Permanente, Permissibly Self-insured,

Leave a Comment / California, Van Nuys / By Ashish

(VNO 0542153) is a case in which Elizabeth Ventocilla, a data entry clerk, filed a petition for removal to the Workers’ Compensation Appeals Board, requesting that the appeals board rescind the Order dated March 4, 2009, wherein the workers’ compensation administrative law judge (WCJ) ordered this matter off calendar. Ventocilla claimed to have sustained an industrial injury to her cervical, thoracic & lumbar spine, bilateral shoulders, bilateral upper extremities, white blood cell injury and other parts of her body while employed as a data entry clerk. The appeals board granted Ventocilla’s petition for removal, rescinded the Order dated March 4, 2009, and returned the matter to the trial level for an expedited

Douglas Stephenson, vs. Atlas Van Lines; Northridge Moving Storage; Broadspire Brea, State Compensation Insurance Fund,

Leave a Comment / California, San Francisco / By Ashish

In this case, Douglas Stephenson filed a Petition for Reconsideration against Atlas Van Lines, Northridge Moving Storage, Broadspire Brea, and the State Compensation Insurance Fund. The Workers’ Compensation Appeals Board reviewed the allegations and the report of the workers’ compensation administrative law judge and denied the Petition for Reconsideration. The order was dated and filed at San Francisco, California on May 1, 2009.

Ada Rozenblat, vs. Cedars Sinai Health System, Permissibly Self-insured,

Leave a Comment / California, Los Angeles / By Ashish

In this case, Cedars Sinai Health System is being sued by ADA Rozenblat for workers’ compensation. The dispute is over the amount of attorney’s fees and costs that should be awarded to defense counsel against Daniel Escamilla of the Legal Service Bureau. The Workers’ Compensation Appeals Board proposed to assess $800.50 as attorney’s fees and costs, payable to the defense firm, in addition to any sanction amount they subsequently determine as payable to the Secretary of the Appeals Board for transmission to the General Fund. Daniel Escamilla of the Legal Service Bureau has twenty days to object and demonstrate good cause to the contrary.

Tanny L. Roberts, vs. Weber Metals; American Insurance Company/associates Indemnity Corporation, Adjusted By Fireman’s Fund Insurance Company; And American Home Assurance Adjusted By Aig Claims Services,

Leave a Comment / California, Los Angeles / By Ashish

, WEBER METALS; AMERICAN INSURANCE COMPANY/ASSOCIATES INDEMNITY CORPORATION, adjusted by FIREMAN’S FUND INSURANCE COMPANY; and AMERICAN HOME ASSURANCE adjusted by AIG CLAIMS SERVICES, TANNY L. ROBERTS, ‘WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATANNY L. ROBERTS, Applicant,vs.WEBER METALS; AMERICAN INSURANCE COMPANY/ASSOCIATES INDEMNITY CORPORATION, adjusted by FIREMAN’S FUND INSURANCE COMPANY; and AMERICAN HOME ASSURANCE adjusted by AIG CLAIMS SERVICES

Helen Mctigue, vs. American Medical Response, Permissibly Self-insured, Adjusted By Sedgwick Claims Management Services,

Leave a Comment / California, Stockton / By Ashish

In this case, Helen McTigue sought workers’ compensation from American Medical Response, which was adjusted by Sedgwick Claims Management Services. The Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in the case. All further correspondence, objections, motions, requests and communications were to be filed with the Workers’ Compensation Appeals Board in San Francisco.

Eric Haskins, vs. Laidlaw Educational Services And The Insurance Company Of The State Of Pennsyylvania, Adjusted By Crawford & Company,

Leave a Comment / California, San Francisco / By Ashish

This case involves Eric Haskins’ February 24, 2003 admitted industrial injury to his left knee. Haskins filed a Petition for Reconsideration of the Appeals Board’s July 26, 2007 “Opinion and Order Granting Reconsideration and Decision After Reconsideration” and its December 1, 2008 “Opinion and Order Dismissing Petition for Reconsideration.” The Appeals Board found that Haskins’ petition was untimely and dismissed it. The Appeals Board also noted that Haskins was not aggrieved by the July 26, 2007 decision and would not be entitled to seek reconsideration even if his petition had been timely filed. The case was referred back to the trial level for further development

Sheryl Willis, vs. Pinkerton Government Services, Permissibly Self-insured, And Broadspire (adjusting Agent),,

Leave a Comment / California, Long Beach / By Ashish

is a case in which Sheryl Willis, an unarmed security guard, sought reconsideration of two decisions made by the Workers’ Compensation Administrative Law Judge (WCJ). The WCJ had found that Willis had sustained industrial injury to her psyche, face, neck, and left shoulder on November 12, 2005, causing no ratable permanent disability and no need for further medical treatment, and that she had sustained industrial injury to her left knee on August 15, 2006, causing 1% permanent disability and need for further medical treatment. The WCJ noted Willis’s lack of credibility, including her denial of previous psychiatric treatment in her deposition, and concluded that there was no substantial evidence of permanent partial disability caused by the injury. The Appeals Board granted the petition for reconsider

Andres C. Perez, vs. Ito Brothers; Zenith Insurance,

Leave a Comment / California, Oxnard / By Ashish

(OXN 0149570) is a case in which the Petition for Reconsideration of the decision issued on March 12, 2009 was withdrawn by the petitioner, and was subsequently dismissed by the Workers’ Compensation Appeals Board.

Lyle Guidry, vs. State Of California, Department Of Developmental Services/lanterman State Hospital, Legally Uninsured; State Compensation Insurance Fund/state Contract Services, Adjusting Agency,

Leave a Comment / California, Santa Ana / By Ashish

(ANA 0317428)This case is about Lyle Guidry, an applicant, who was employed as a psychiatric technician on September 21, 1993 and sustained an injury to his right wrist. The parties agreed to utilize an agreed medical examiner in orthopedics, G. Sunny Uppal, M.D., who concluded that Guidry was permanent and stationary for the right wrist and did not require further medical treatment. He referred Guidry to hand surgeon, John B. Gonzalez., M.D., to evaluate his right wrist. The surgeon recommended surgery to excise a ganglion cyst, which was performed on August 22, 2008. The Workers’ Compensation Appeals Board granted reconsideration of the February 11, 2009 Findings, Award and

Michele Doyle, vs. Cora And Ronald Morris Dba Fremont Jewelry & Loan, Uninsured Employers Fund,

Leave a Comment / California, Oakland / By Ashish

is a case in which Michele Doyle, the applicant, was employed by Cora and Ronald Morris dba Fremont Jewelry & Loan, an illegally uninsured business for workers’ compensation. The Workers’ Compensation Appeals Board granted the defendant’s Petition for Reconsideration, rescinded the Findings of Fact issued February 11, 2009, and returned the matter to the trial level for further proceedings and a new decision.

April 2009