August, 2009 - CompFox

Kenny Smith, vs. Modern Building Company; State Compensation Insurance Fund; Anderson & Associates; California Insurance Guarantee Association For California Compensation, In Liquidation, By Broadspire,

Leave a Comment / California, Redding / By Ashish

This case involves Kenny Smith, who is appealing a decision by the Workers’ Compensation Appeals Board. The defendants in the case are Modern Building Company, State Compensation Insurance Fund, Anderson & Associates, and California Insurance Guarantee Association for California Compensation, in liquidation, by Broadspire. The case involves an order correcting a clerical error nunc pro tunc in the Opinion and Order Granting Reconsideration and Decision After Reconsideration that issued on August 24, 2009. The order changes a reference from “January 15, 2008 Arbitration Decision And Findings and Order of the Arbitrator” to “May 29, 2009 Joint Findings and Order.” The order was filed at San Francisco, California on September 1, 2009

Oscar Ordonez, vs. Mitchell Industrial Tire Company; Mutual Insurance Company,

Leave a Comment / California, Van Nuys / By Ashish

This case involves a dispute between Mitchell Industrial Tire Company, Mutual Insurance Company, and Oscar Ordonez over a workers’ compensation claim. Ordonez claimed that he sustained an industrial injury to his right knee while employed as a warehouse worker on May 31, 2005. The parties entered into a Compromise and Release (C&R) and the Workers’ Compensation Administrative Law Judge (WCJ) issued an Order Approving Compromise & Release (OAC&R). Ordonez then filed a document requesting that the OAC&R be vacated. The WCJ issued an order containing the same language as Ordonez’s request. The defendant sought removal or reconsideration of the order, arguing that due process was denied because

Bertha Leon, vs. Ucla Medical Center, Permissibly Self-insured, Administered By, Sedgwick Cms,

Leave a Comment / California, Van Nuys / By Ashish

In this case, Bertha Leon, the applicant, was injured during the period of November 18, 2004 to November 18, 2005. Advanced Orthopedics, the lien claimant, sought reconsideration of the June 12, 2009 order of dismissal, wherein the workers’ compensation administrative law judge (WCJ) dismissed lien claimant’s lien because lien claimant submitted no evidence to prove the reasonableness of its charges. The WCJ granted the petition for reconsideration and rescinded the order of dismissal, ordering the lien disallowed. The WCJ found that lien claimant had the opportunity to litigate its lien, but failed to meet its burden of proof, and thus there was no denial of due process. The WCJ

Frankie Heffern, vs. Splash’s Restaurant And Intercare Fresno,

Leave a Comment / California, Santa Ana / By Ashish

This case is about Frankie Heffern appealing the Findings and Order of June 16, 2009, wherein the workers’ compensation administrative law judge (WCJ) found that he lacked jurisdiction to determine the issues raised in the appeal of the November 14, 2008 determination of the Rehabilitation Unit. Heffern argued that the WCJ erred in concluding that he lacked jurisdiction to hear and determine the issues raised by the appeal of the Rehabilitation Unit. The Appeals Board’s decision in Weiner 1 held that the repeal of section 139.5 terminated any rights to vocational rehabilitation benefits or services pursuant to orders or awards that were not final before January 1, 2009. The petition for reconsideration was denied by the Appeals Board and the WCJ’s decision was affirmed

Armando Avila-gonzalez, vs. Barrett Business Services, Inc., Permissibly Self-insured,

Leave a Comment / California, Oakland / By Ashish

(OAK 0316079) is a case in which the Workers’ Compensation Appeals Board reversed the decision of the Workers’ Compensation Administrative Law Judge, who had found good cause to reopen a case and to rescind, alter, or amend the original decision when a petition to reopen had been filed within five years of the date of injury. The Appeals Board found that there had been no change in the law since the decision in Vera v. Workers’ Comp. Appeals Board (2007) 154 Cal.App.4th 996 [72 Cal.Comp.Cases 1115], and that the evidence did not support applying the 1997 Permanent Disability Rating Schedule. The Appeals Board ordered that the applicant take nothing by reason of his petition to reopen.

Lee Eccleston (deceased), Barbara Eccleston, Joseph Eccleston And Sarah Eccleston, vs. State Of California, Department, Of Corrections, Pelican Bay State Prison, Legally Uninsured; Adjusted By Cstate Compensation Insurance Fund,

Leave a Comment / California, Eureka / By Ashish

(EUR 0040625)This case is about the State of California Department of Corrections, Pelican Bay State Prison, which was legally uninsured and adjusted by the CState Compensation Insurance Fund. The applicants, Lee Eccleston (deceased), Barbara Eccleston, Joseph Eccleston, and Sarah Eccleston, sought reconsideration of a decision by the Workers’ Compensation Appeals Board that denied any dependency death benefits to the applicants. The decision was based on the interpretation of Labor Code section 4707(a). The Supreme Court’s decision in Department of Corrections v. Workers’ Compensation Appeals Board (Antrim) was binding on the Workers’ Compensation Appeals Board. The Supreme Court’s decision in Antrim resolved an apparent conflict between the

Kermit Brown, vs. Securitas Security Services, Inc.; Broadspire Brea,

Leave a Comment / California, San Francisco / By Ashish

is a case in which the Workers’ Compensation Appeals Board granted reconsideration of the Findings and Award and Order of June 16, 2009. The case involved an employee of Securitas Security Services, Inc. who sustained an injury to his right knee while on the job. The WCJ found that the injury was compensable and awarded reasonable benefits, including accrued and/or ongoing temporary disability benefits, permanent disability benefits, and accrued and/or ongoing medical treatment. The defendant sought reconsideration, arguing that the applicant failed to prove injury because no medical evidence was offered at trial. The WCJ granted reconsideration and rescinded the decision, returning the matter to the trial level for further proceedings and a new decision.

Oscar G. Sanchez, vs. Dietrich Industries; St. Paul/travelers Insurance Ccompany,

Leave a Comment / California, San Bernardino / By Ashish

In this case, Dietrich Industries and St. Paul/Travelers Insurance Company sought reconsideration of a workers’ compensation administrative law judge’s decision that found Oscar G. Sanchez had sustained a period of temporary disability, 49% permanent disability without apportionment, and need for further medical treatment as a result of his admitted industrial cumulative trauma injury to his bilateral hands, elbows, upper extremities and hearing over the period ending April 2, 2004. The Workers’ Compensation Appeals Board granted the reconsideration and rescinded the Findings, Award and Order, returning the matter to the trial level for new permanent disability rating using the 2005 Permanent Disability Rating Schedule.

Bruce Oberg, vs. Anderson, Rowe And Buckley, Inc.; Old Republic General Insurance Corp., Administered By Gallagher Bassett Services,

Leave a Comment / California, San Francisco / By Ashish

This case involves a petition for removal filed by the defendant, Anderson, Rowe and Buckley, Inc., and Old Republic General Insurance Corp., administered by Gallagher Bassett Services, requesting that the Workers’ Compensation Appeals Board rescind the Order Limiting Subpoena/Subpoena Duces Tecum dated May 27, 2009. The petition was granted and the order was amended to require the production of any and all medical records, film reports, medical billing and medical reports pertaining to the applicant, except that records of psychiatric treatment and treatment for HIV/AIDS, alcohol addiction and drug addiction shall be excluded.

Dana Large, vs. Klein Plastering; Redlands I Insurance Company, Adjusted By Lwp Claims Solutions,

Leave a Comment / California, San Francisco / By Ashish

Klein Plastering and Redlands Insurance Company, Adjusted by LWP Claims Solutions, were involved in a workers’ compensation case in which Dana Large, the applicant, sought reconsideration of a workers’ compensation administrative law judge’s Amended Findings and Award of June 25, 2009, which found that, while employed as a plasterer on June 29, 2005, applicant sustained industrial injury to his right knee causing permanent disability of 18%. The WCJ disregarded the impairment rating suggested by agreed medical evaluator Alan C. Roth, M.D., J.D. pertaining to unilateral leg muscle atrophy. The Workers’ Compensation Appeals Board granted reconsideration and amended the Amended Findings and Award of June 25, 2009 to find

August 2009