January, 2010 - CompFox

Mohammed Tadaie vs. Farwest Insulation Contracting; Zurich North America

Leave a Comment / Anaheim, California / By Chris Lyle

In this case, Mohammed Tadaie, an insulation mechanic, was found to have sustained industrial injury to his right knee, back, and neck while employed by Farwest Insulation Contracting. The Workers’ Compensation Appeals Board granted reconsideration and affirmed the November 10, 2009 Findings and Award, except that the issue of attorney fees was deferred. The Board also allowed credit for overpayment of PDAs to the defendant, but denied the defendant’s request for additional credit for payment of the awarded attorney fees. The case was returned to the WCJ for further proceedings and decision.

Gina Mendoza vs. County Of Los Angeles Department Of Children And Family Services; Tpa Aims

Leave a Comment / Anaheim, California / By Chris Lyle

In this case, the County of Los Angeles Department of Children and Family Services and TPA AIMS were defendants in a workers’ compensation case brought by Gina Mendoza. Mendoza had sustained industrial injuries to her neck, back, bilateral wrists, and bilateral knees, causing permanent disability of 13%. Comprehensive Outpatient Surgery Center, the lien claimant, sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Joint Findings and Order of November 4, 2009, wherein the WCJ disallowed Comprehensive Outpatient Surgery Center’s medical treatment lien, finding that “there is no evidence of reasonableness to support the lien.” The WCJ’s Report and Recommendation on Petition for Reconsider

Monica Meadows vs. Oakland Unified School District

Leave a Comment / California, Oakland / By Chris Lyle

This case is about Monica Meadows, a teacher, who filed a petition for reconsideration and removal in the Oakland Unified School District. The petition was dismissed as it was untimely and unverified. The Workers’ Compensation Appeals Board also recommended that Monica Meadows be declared a vexatious litigant.

Stefanie King vs. Sierra Family Services; State Compensation Insurance Fund

Leave a Comment / California, Sacramento / By Chris Lyle

This case is about Stefanie King, an employee of Sierra Family Services, who was found to have sustained an industrial injury in the form of mononucleosis and Epstein-Barr syndrome virus while employed during the cumulative period through December 12, 2001. The defendant, State Compensation Insurance Fund, filed a petition for reconsideration of the November 9, 2009 Finding and Orders, arguing that the parties had already selected a psychiatric agreed medical evaluator (AME). The Workers’ Compensation Appeals Board dismissed the petition for reconsideration because it was not taken from any “final order, decision, or award” subject to reconsideration. The Board also rescinded the WCJ’s December 15, 2009 Order because the WCJ was without authority to issue that order

Marty Hogue vs. The Permanente Medical Group

Leave a Comment / California, San Francisco / By Chris Lyle

(SRO 0140485) is a case in which the Permanente Medical Group filed a petition for reconsideration from the Findings and Order, issued June 8, 2009, in which a workers’ compensation administrative law judge denied defendant’s Petition to Reopen/Reduce. The WCJ found that defendant was not entitled to decrease applicant’s permanent disability award pursuant to Labor Code section 4658(d)(3)(A), as defendant did not provide 12 months of continuous work. The Appeals Board reversed the WCJ’s order and granted defendant’s petition to reduce applicant’s award of permanent disability indemnity by 15%, as mandated by Labor Code section 4658(d)(3)(A).

Loretta Clements vs. Siskiyou Joint Community College, Permissibly Self-insured, Adjusted By Keenan Associates Rancho Cordova

Leave a Comment / California, Redding / By Chris Lyle

This case is about Loretta Clements, an administrative assistant at the College of the Siskiyous, who filed a workers’ compensation claim for cumulative trauma injury in the form of bilateral carpal tunnel syndrome. The defendant, Siskiyou Joint Community College, permissibly self-insured, sought reconsideration of the Findings and Award and Order, issued November 19, 2009, in which a workers’ compensation administrative law judge found that the applicant’s claim was not barred by the statute of limitations. The WCJ found that the applicant’s date of injury was September 27, 2007, and that the defendant had not established that the applicant had knowledge that her carpal tunnel syndrome was industrial until the QME evaluation by Dr. Easley

Antonio Ayala vs. Herrero Brothers; Arch Insurance Company Adjusted By Gallagher Bassett Services, Inc.

Leave a Comment / California, San Francisco / By Chris Lyle

In this case, Antonio Ayala appealed to the Workers’ Compensation Appeals Board (Appeals Board) against Herrero Brothers and Arch Insurance Company, adjusted by Gallagher Bassett Services, Inc. After reconsideration, the Appeals Board denied the petition for reconsideration and extended to the WCJ’s finding on credibility the great weight to which it is entitled.

Aaron Villegas vs. Campos Tacos; And National Liability & Fire Insurance Co.

Leave a Comment / California, Long Beach / By Chris Lyle

In this case, Aaron Villegas, an applicant, was denied workers’ compensation benefits by the Workers’ Compensation Appeals Board (WCAB) after claiming to have sustained an industrial injury while employed by Campos Tacos. Joyce Altman Interpreters Tustin (Altman) filed a lien claim for interpretation services provided to the applicant, but the WCJ disallowed the claim. The WCAB granted reconsideration and reversed the decision, allowing Altman’s lien claim for the interpretation services provided at conferences and hearings before the WCAB as costs pursuant to Labor Code section 5811(b). The amount of the lien claim was to be determined by the trial level WCJ if the parties could not agree among themselves.

Allen Stevens vs. Shasta Constructions, Inc.; Old Republic General Insurance, Administered By Gallagher Bassett Services, Inc.

Leave a Comment / California, San Francisco / By Chris Lyle

This case involves a dispute between Shasta Constructions, Inc. and Old Republic General Insurance, administered by Gallagher Bassett Services, Inc. and Allen Stevens. The Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration and removal, finding that the defendant had sufficient time to prepare for the Mandatory Settlement Conference and that the applicant had been waiting for resolution of his claim since June 2009. The Board returned the matter to the trial level to proceed with the resolution of the applicant’s claim for workers’ compensation benefits.

David Shaw vs. The Home Depot, Permissibly Self-insured

Leave a Comment / California, San Francisco / By Chris Lyle

In this case, the Home Depot, which was permissibly self-insured, filed a petition for removal requesting that the appeals board rescind the Finding and Order Re: Second QME Panel (Unrepresented Case) dated November 19, 2009. The petition was denied as the administrative director rule 3 1(d) required that the treating physician’s disqualification of himself was a condition precedent to the applicant requesting a replacement. The appeals board determined that the most expeditious procedure to bring the matter to a prompt, just resolution was to order a second QME panel.

January 2010