February 2010

Godfrey J. Garcia vs. State Of California, Northern California Women’s Facility; State Compensation Insurance Fund

This case is about Godfrey J. Garcia, a correctional officer who claimed to have sustained industrial injuries to his left knee on September 13, 1994, cumulative injury to both knees, back and spine through September 23, 1999, and cumulative injury to both knees, back and spine though May 3, 2000. Central Valley Injured Worker Legal Clinic (CVIWLC) filed three applications on behalf of applicant and was allowed a fee of $2389.00. On February 8, 2005, an Order Approving Compromise and Release (OACR) issued which applied to all three cases and provided, as relevant here, for a $19,500.00 attorney’s fee “payable to applicant’s attorney.” CVIWLC

Rydan Shon vs. Best Painting Inc.; State Compensation Insurance Fund Insured Oxnard

, is a case involving Rydan Shon, an applicant, and Best Painting Inc. and State Compensation Insurance Fund Insured Oxnard, defendants. The Workers’ Compensation Appeals Board dismissed the applicant’s petition for reconsideration as it was untimely. ADJ2147020 and ADJ1370411 is a case involving Armando Gonzalez, the applicant, and Cast & Crew Entertainment Service, Inc. and Zurich North America, the defendants. The Workers’ Compensation Appeals Board granted the petition for reconsideration and rescinded the order of dismissal.

Susan Moyers vs. Council On Aging; State Compensation Insurance Fund; Subsequent Injuries Benefits Trust Fund

This case involves a claim for Subsequent Injuries Benefits Trust Fund (SIBTF) benefits by Susan Moyers, who had previously settled a workers’ compensation claim with her employer, the Council on Aging. The WCJ issued an order allowing Moyers to obtain medical-legal evaluations in her SIBTF case without returning to her Agreed Medical Examiner and without using the AME/QME process to select her medical-legal experts, and that SIBTF is responsible to pay the reasonable cost of these evaluations. The SIBTF challenged the order, but the Appeals Board affirmed the WCJ’s order, finding that the statutes that address the development of the medical record concerning a workers’ compensation claim do not prescribe the process for development of

Armando Gonzalez vs. Cast & Crew Entertainment Service, Inc.; Zurich North America

(MON 0350606, 0350607) is a case involving Armando Gonzalez, an applicant, and Cast & Crew Entertainment Service, Inc. and Zurich North America, the defendant. The defendant sought reconsideration of the December 23, 2009 “[Proposed] Order of Dismissal Insurance Code § 1063.1 (c)(9),” wherein the workers’ compensation administrative law judge (WCJ) dismissed as a party defendant Zurich North America and Cast and Crew Entertainment. The petition for reconsideration was granted and the order of dismissal was rescinded due to the WCJ’s premature dismissal of the defendant without allowing the parties to litigate the issues relevant to that defendant’s potential liability.

Anita Charney vs. King Schools, Inc., Liberty Mutual Insurance Company

is a case in which Anita Charney, the applicant, sought reconsideration of the Appeals Board’s Opinion and Orders Dismissing Petition for Reconsideration and Denying Petition for Removal. The Appeals Board dismissed the petition for reconsideration because there was no order subject to reconsideration and denied removal. The Appeals Board also noted that applicant’s counsel failed to raise issues at the conference and that the WCJ’s 30-day period for compliance was reasonable. The Appeals Board did not issue any sanctions and the opinion did not include any reference to sanctions. The applicant’s petition for reconsideration was dismissed.

Rosa Alvarez (Rosa Alvarez-Garay) vs. Waterway Plastics; US Fire Insurance Company, Administered By Matrix Absence Management, Inc.

In this case, Rosa Alvarez-Garay (Applicant) was employed as a machine operator during the period January 28, 2004, through January 28, 2005, and sustained an industrial injury to her right wrist. The employer’s workers’ compensation carrier was U.S. Fire Insurance Company, administered by Matrix Absence Management. The Workers’ Compensation Appeals Board found that the injury caused 21 percent permanent disability, entitling her to 80.50 weeks of disability indemnity at the rate of $220.00 per week, plus augmentation per Labor Code section 4658(d). The Board amended the decision to reflect the proper insurer and to defer the Labor Code section 4658(d) issue, and otherwise affirmed the decision.

Sally Shirah vs. Lloyd’s Liberty Homes And Liberty Mutual Insurance Company Group

is a case between Sally Shirah, the applicant, and Lloyd’s Liberty Homes and Liberty Mutual Insurance Company Group, the defendant. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration filed by the lien claimant, Central Valley Injured Worker Legal Clinic, as it was untimely filed. The WCAB found that the lien claimant was entitled to $200 on their attorney lien, and that the WCJ’s decision was not erroneous.

Rayshell Lee vs. Compton Unified School District; Corvel Corporation

In the case of Rayshell Lee vs. Compton Unified School District and Corvel Corporation, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration and denied removal. The Board determined that the Petition for Reconsideration was not properly taken as it was not a “final” order, decision, or award. The Board also denied removal as Petitioner had not shown that there would be substantial prejudice or irreparable harm if removal was not granted.

Maria Hernandez vs. Albertson’s Specialty Risk

In this case, Maria Hernandez filed a petition for reconsideration and removal against Albertson’s Specialty Risk. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration and denied removal, as the petition was not from a “final” order, decision, or award, and petitioner had not shown that there would be substantial prejudice or irreparable harm if removal was not granted.

Jeremy Gunderson vs. Airport Home Appliance; Mid-Century Insurance Company; Subsequent Injuries Benefits Trust Fund

This case is about Jeremy Gunderson, who was employed as a salesperson by Airport Home Appliance. On December 24, 2005, he sustained an industrial injury to his low back, affecting his right leg and causing 12% permanent disability. He had previously sustained injury to his psyche, left knee, and back affecting his left leg, causing permanent partial disability. The combination of the two disabilities resulted in a total permanent disability of 100%. The Workers’ Compensation Appeals Board granted the Subsequent Injuries Benefits Trust Fund’s petition for reconsideration of the earlier August 6, 2009 Findings, Order and Award of the workers’ compensation administrative law judge, and rescinded the earlier October 27, 2009 Decision. The case was returned to the trial level for development