October 2009

Heather Thomas, vs. Ward Ranch And State Compensation Insurance Fund,

In this case, Heather Thomas (applicant) sought reconsideration of a Findings and Award that issued in her workers’ compensation case. The decision awarded her further medical treatment, but not laundry expenses, and reimbursement for self-procured medical expenses. The petition for reconsideration was dismissed as it was untimely, not verified, and not served upon the defendant.

Kenneth Patterson, vs. Rosscrete Roofing, Inc.; State Compensation Insurance Fund,

(ANA 0397359) is a case in which Kenneth Patterson, an employee of Rosscrete Roofing, Inc., sought reconsideration of a Workers’ Compensation Administrative Law Judge’s (WCJ) August 12, 2009 Findings of Fact and Order. The WCJ found that Patterson sustained industrial injury to his neck, wrists, right elbow, right shoulder, right knee, and spine causing 64% permanent disability and need for further medical treatment. The WCJ also found that Patterson’s injury was not caused by serious and willful misconduct by the employer. Patterson contended that the WCJ erred in finding that his injury was not caused by serious and willful misconduct by the employer. The Workers’ Compensation Appeals Board denied Patterson’s petition for reconsideration, finding

Leslie Adam Mack, vs. Atlas Van Lines; Zurich American Insurance, Administered By Gallagher 9 Bassett,

ATLAS VAN LINES; ZURICH AMERICAN INSURANCE, administered by GALLAGHER 9 BASSETT, LESLIE ADAM MACK, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALESLIE ADAM MACK, Applicant,vs.ATLAS VAN LINES; ZURICH AMERICAN INSURANCE, administered by GALLAGHERBASSETT, Defendant(s).Case No. ADJ6649763 (NO WCAB #)OPINION AND ORDER GRANTING RECONSIDERATION DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award of August 6, 2009, …

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Jacqueline Green, vs. General Motors Corporation, Permissibly Self-insured, Administered By

This case is about Jacqueline Green’s petition to depose her in a workers’ compensation case against General Motors Corporation. The Workers’ Compensation Appeals Board denied the petition, stating that further deposition of the applicant would be unduly burdensome and that the defendant had not demonstrated any reason why the deposition of the applicant was required after her extensive trial testimony. The Board also stated that if, after receipt of the report from the doctor, it appears that there is some important line of inquiry that was not covered in prior deposition or trial testimony, the defendant can again petition for permission to conduct further deposition of the applicant.

Reyna Castillo, vs. Regents University Of California, Permissibly Self-insured,

In this case, Reyna Castillo filed three Applications for Adjudication of Claim while employed as a Custodian at Orange, California by the Regents University of California, Permissibly Self-Insured for workers’ compensation purposes alleging injury during the period 1993 to present to her left upper extremity and neck, on August 24, 2005 to her left elbow, left knee and neck, and during the period 2003 to present to include stress, insomnia, crying spells, weight gain, depression and anxiety disorder. The cases settled by a Compromise & Release approved on December 2, 2008. The case proceeded to Lien Trial on June 30, 2009 on the lien claim from Medical Legal Consultants/Dr. Sab

Tony Pacheco, vs. Global Wireless, Inc.; And State Compensation Insurance Fund,

(MON 0283930)(MASTER FILE), ADJ3512626 (SBR 0309971), ADJ3940252 (LAO 0805975), ADJ3287808 (MON 0299863), ADJ2245672 (LAO 0785635), ADJ3710002 (LAO 0785603), ADJ771677 (VNO 0438444), and ADJ2623740 (MON 0277510) were consolidated by the Appeals Board and a notice of intention to impose monetary sanctions on CMS Network, Inc. and/or its hearing representatives, Dominic D. Arguello and Randal Hollien, was issued for their repeated misstatements of law

Ruben Gomez, vs. Casa Carlos And Everest National Insurance Company By Specialty Risk Services,

In this case, Ruben Gomez, the applicant, sought reconsideration of a decision by a workers’ compensation administrative law judge (WCJ) that found that he sustained a “di minimus (sic) injury now resolved” to his left knee on December 23, 2005, while employed as a handyman by defendant, but did not sustain injury arising out of and occurring in the course of employment to his left shoulder or left upper extremity. The petition for reconsideration was filed 40 days after the Findings and Order was served on the applicant, which was deemed untimely and thus dismissed. The petition was also not verified, which is another basis for its dismissal.

Ricardo Villanueva, vs. Beazer Homes, Prime Labor; California Insurance Guaranty Associates On Behalf Of Legion Insurance; Broadspire Glendale, Liberty Mutual Sacramento,

This case involves a Petition for Reconsideration filed by Ricardo Villanueva against Beazer Homes, Prime Labor, California Insurance Guaranty Associates on behalf of Legion Insurance, Broadspire Glendale, and Liberty Mutual Sacramento. The Workers’ Compensation Appeals Board has considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge and has denied the Petition for Reconsideration. Service was made by mail on the persons listed below at their addresses as shown on the current official address record.

Patricia Shorter, vs. The Help Group; Zenith Insurance,

Patricia Shorter filed a petition for reconsideration with the Workers’ Compensation Appeals Board of California against The Help Group and Zenith Insurance. The petition alleged that she had sustained an injury to her right hip, thigh, groin, psyche, lower extremities, chest, deep vein thrombosis, and right arm. The WCJ’s report found that there was no medical evidence to support the claims of injury to the psyche or chest, and no medical evidence to establish that the deep vein thrombosis was industrially-caused. Furthermore, there was no medical evidence to support a finding of industrial injury to the right arm. The petition for reconsideration was denied.

Robert Sedam (deceased) kelley Sedam (widow), vs. Omni Flight Helicopters And Insurance Company Of Pennsylvania, Adjusted By Aig Claim Services, Inc.,

This case involves a claim for death benefits by the dependents of Robert Sedam, who died from a pulmonary embolism as a consequence of deep vein thrombosis. The Workers’ Compensation Appeals Board found that the claim was barred by Labor Code section 5406, which states that no claim can accrue to an adult dependent for workers’ compensation benefits from industrial death occurring more than 240 weeks after the date of injury. The Board found that the 240-week period after the last date of injury expired on March 20, 2004, and Decedent’s death occurred on June 12, 2006, which was approximately 356 weeks after the last date of injury. The Board affirmed the WCJ’s decision that section 5406 was a bar to petition