July 2009

(MON 0187838) is a case in which Maria Torres, an employee of Vege-Fresh Farms, sustained an admitted industrial injury to her low back, right knee, and psyche, and in the form of fibromyalgia, on or about May 13, 1994. The Workers’ Compensation Appeals Board granted reconsideration of the Findings, Award and Order of May 14, 2009, and rescinded the Findings, Award and Order of May 14, 2009, returning the matter to the trial level for further development of the medical record and, thereafter, further proceedings, as necessary, and a new decision.

This case involves a dispute between Linda Nold, an employee, and the County of Humboldt and Corvel Corporation, the defendant. Nold claims to have sustained an industrial injury to her psyche and cardiovascular system while employed as a supervising mental health clinician from June 1, 2006, through May 19, 2008. The defendant has denied the claim. Nold requested and obtained a panel of QMEs pursuant to section 4062.1, but when she retained an attorney, she was no longer eligible for an evaluation under 4062.1 and was required to be evaluated pursuant to the provisions of section 4062.2. The Workers’ Compensation Appeals Board granted the defendant’s petition for removal and rescinded the Order to Permit

(SFO 0464302)This case is about Lisa Duran’s petition for removal of an order issued at a mandatory settlement conference (MSC) on July 1, 2009, that the medical reports of Revels Cayton, M.D., are admissible in evidence at the time of trial. The Workers’ Compensation Appeals Board denied the petition for removal, finding that the defendant had failed to establish that the MSC WCJ’s determination would result in significant prejudice or irreparable harm, and that the defendant would have an opportunity to raise the issue at the time of trial.

(GOL 00100930) is a case in which the defendant, Employers Compensation Insurance Company, filed a petition for removal in which it requested that the Appeals Board rescind the workers’ compensation administrative law judge’s (WCJ) April 15, 2009 order rescinding his March 26, 2009 findings, award and order and that the Board reinstate the WCJ’s original decision. The WCJ found that the applicant, Edith Barrett, sustained an admitted industrial injury to her wrists while employed by Pacifica Graduate Institute, as an administrative assistant, during the period October 1, 1996 to December 15, 2008, which resulted in the need for further medical treatment but no permanent disability. The petition for removal was denied because the WCJ acted appropriately in

is a case in which Angelica Almanza filed a claim for a cumulative trauma injury over the period of her employment as a sewing machine operator from January 22, 2007 to March 28, 2007. The defendant, Berkshire Hathaway Homestate Companies, on behalf of its insured, Voler Team Apparel, sought reconsideration of the Findings and Award, issued May 29, 2009, in which a workers’ compensation administrative law judge (WCJ) found applicant, Angelica Almanza, to be “in need of neurological and psychiatric consultations to assist her primary treating doctor in the management of the treatment for her industrial injury.” The WCJ explained in her Opinion on Decision that applicant’s physician required the consultations to aid him in the treatment of

In this case, Ogden Entertainment Services and Kristian Von Ritzhoff were involved in a dispute over workers’ compensation. Ogden Entertainment Services filed two petitions for removal or reconsideration, seeking review of two decisions dated May 18, 2009. The Workers’ Compensation Appeals Board granted the petitions for reconsideration and dismissed the petitions for removal. The Board also ordered that all further correspondence, objections, motions, requests and communications should be filed with the Board and not with any local office.

In this case, Pacific Orthopedic and Rehabilitation Medical Center, Inc. (lien claimant) sought reconsideration of the May 14, 2009 Findings of Fact and Order issued in the case between Ralph’s Grocery Company and Sedgwick Claims Management, Veronica Rodriguez, and the Workers’ Compensation Appeals Board. The petition for reconsideration was deemed filed on the day it was actually received at the WCAB office and not on the date it was deposited in the mail. However, the petition was found to be untimely and was dismissed.

is a case in which Cynthia Krause, an employee of Wal-Mart Associates, Inc., sought reconsideration from a workers’ compensation administrative law judge’s decision that she was not employed by Wal-Mart during the period of her alleged cumulative trauma injury to her right eye. The Appeals Board granted the petition for reconsideration and rescinded the Findings and Order, returning the matter to the trial level for further proceedings to determine the medical issue of whether the injury resulted from injurious exposure during her stipulated date of employment.