March, 2010 - CompFox

Augustine Martinez vs. Elite Personnel Servives; California Insurance Guarantee Association For Legion Insurance Company, In Liquidation, By Its Servicing Facility, Sedgwick Claims Management Services,; Gane Brothers; Cna

Leave a Comment / Anaheim, California / By Ashish

This case involves a petition for reconsideration and removal by Augustine Martinez against Elite Personnel Services, California Insurance Guarantee Association for Legion Insurance Company, In Liquidation, By Its Servicing Facility, Sedgwick Claims Management Services, Gane Brothers, and CNA. The Workers’ Compensation Appeals Board denied the petition for reconsideration and removal, finding that the order to attend medical evaluation was not a final order subject to reconsideration and that removal was not warranted due to lack of substantial prejudice or irreparable harm.

Patricia Domer vs. Guaranty National Insurance; Chubb Group Of Insurance Companies; Viking Insurance; Arrowpoint Capital Corporation, Adjusted By Dynamic Claims Services Corporation

Leave a Comment / California, Santa Ana / By Ashish

This case is about Patricia Domer, who was employed as a claims processor and sustained a cumulative injury to her cervical spine (neck) from March 6, 1997 through November 30, 2001, causing 21% permanent disability and a need for further medical treatment. The case was between Patricia Domer and Guaranty National Insurance, Chubb Group of Insurance Companies, Viking Insurance, Arrowpoint Capital Corporation, and Adjusted by Dynamic Claims Services Corporation. The Workers’ Compensation Appeals Board granted Arrowpoint’s petition for reconsideration and rescinded the December 23, 2009 Joint Findings, Award and Orders, returning the matter to the trial level for further proceedings and a new decision by the WCJ.

Maria Covarrubias vs. Kelly Services, Inc.; ESIS

Leave a Comment / California, San Francisco / By Ashish

, Kelly Services, Inc. and ESIS were taken to court by Maria Covarrubias, who claimed that she sustained an industrial injury while employed as a packer on July 25, 2008. The Workers’ Compensation Appeals Board granted the petition for reconsideration, rescinding the December 30, 2009 Findings of Fact and Order in case number ADJ6668547, finding that applicant’s claim was not barred by Labor Code section 3600(a)(10), and returning the matter to the trial level for further proceedings and decision on the remaining issues.

Tressie Cook vs. County Of Riverside, Permissibly Self-insured

Leave a Comment / Anaheim, California / By Ashish

In this case, the County of Riverside sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings & Award of December 17, 2009, wherein it was found that the applicant, Tressie Cook, had sustained stipulated industrial injury to her psyche, left knee, and left ankle, and in the form of sleep disorder, irritable bowel syndrome, and gastroesophageal reflux disease, causing temporary disability, permanent disability of 73%, and the need for further medical treatment. The County of Riverside argued that the WCJ erred in not allowing reimbursement of payments made by VPA, Inc. in the form of a lien or, alternately, allowing defendant a credit against its temporary disability indemnity

Deborah Cameron vs. Onsite/ Allegis Group; Kemper Insurance Company, Administered By Broadspire

Leave a Comment / California, Van Nuys / By Ashish

This case is about Deborah Cameron, who is seeking reconsideration of an order issued by a workers’ compensation administrative law judge (WCJ). The WCJ had taken the matter off calendar and instructed Deborah to select a cardiovascular doctor from the defendant’s medical provider network (MPN). The WCJ also ordered the defendant to schedule a medical examination with the selected MPN doctor and to draft a joint letter for presentation to the selected MPN doctor. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration and denied the petition for removal, as the order was not a final order within the meaning of Labor Code section 5900.

Maria Avalos vs. Plateronics Processing; State Compensation Insurance Fund

Leave a Comment / California, Van Nuys / By Ashish

In this case, Maria Avalos sought reconsideration of the Order Dismissing Case issued December 23, 2009, wherein the workers’ compensation administrative law judge (WCJ) dismissed her claim for workers’ compensation benefits. The WCJ noted that applicant “did nothing to activate the case for six years” and no further activity occurred regarding applicant’s claim until November 19, 2009. The court granted the Petition for Reconsideration, rescinded the Order Dismissing Case, and returned the matter to the trial level for further proceedings. The court determined that Rule 10582 requires “issuance of a ten (10) day notice of intention to dismiss and an opportunity to be heard” and the WCJ did not issue such a

Deborah Cameron vs. Onsite/allegis Group; Kemper Insurance Company,administered By Broadspire

Leave a Comment / California, Van Nuys / By Ashish

is a case in which Deborah Cameron, the applicant, sought to have the Workers’ Compensation Administrative Law Judge, Barry Goldman, disqualified from hearing her case. Cameron alleged that Goldman had caused unnecessary delays, made slanderous and untruthful remarks, yelled and shouted, was hateful and unkind, was not concerned for her welfare, and was prejudiced towards her. The petition was denied as it was not accompanied by a supportive affidavit, and the allegations were not substantiated with specific details and facts. The reasonable person test was applied and it was determined that a reasonable person with knowledge of the facts would not reasonably entertain a doubt about Goldman’s ability to be fair and impartial in this case.

Magda Rodriguez vs. Able Building Maintenance;zurich North America,township Building Services;state Compensation Insurance Fund.

Leave a Comment / California, San Francisco / By Ashish

In this case, Magda Rodriguez is appealing a decision by the Workers’ Compensation Appeals Board that granted reconsideration of the February 25, 2010 Findings, Awards and Orders issued by the workers’ compensation administrative law judge. The Board concluded that the medical evidence did not justify a combined award of permanent disability and that the medical reports of the AME contained unresolved conflicts which required further development of the medical record. The Board dismissed the petition for reconsideration because it was not taken from a final order and did not demonstrate that the prior decision would result in significant prejudice or irreparable harm. The matter was returned to the trial level for further proceedings and new decisions by the WCJ.

Schelya Thrower vs. State Of California,department Of Motor Vehicles, E

Leave a Comment / California, Sacramento / By Ashish

(SAC 0318786)In this case, Schelya Thrower, an employee of the Department of Motor Vehicles, filed a claim for workers’ compensation alleging cumulative trauma injury to her right knee, left ankle, left shoulder, and back. The Workers’ Compensation Appeals Board granted her petition for reconsideration, amending the Findings and Order to strike the finding on the statute of limitations and to correct the clerical error in the spelling of applicant’s name, and otherwise affirming the decision. The Board found that the WCJ was entitled to rely on the opinions of the physicians she found more persuasive and that there was no cumulative trauma injury.

Diane Wilson vs. County Of Sonoma, Permissibly Self-insured, Administered By York Insurance Services Group, Inc.

Leave a Comment / California, Santa Rosa / By Ashish

This case involves a worker’s compensation claim by Diane Wilson against the County of Sonoma, which is permissibly self-insured and administered by York Insurance Services Group, Inc. Wilson claims she sustained an industrial injury to her low back causing temporary disability from June 30, 2009 to the present and continuing, and the need for further medical treatment. The defendant seeks reconsideration of the administrative law judge’s findings and award, arguing that the medical record supports a finding that Wilson’s temporary disability is being caused by a pre-existing non-industrial condition. The WCJ recommends that the case be returned to the trial level for further development of the record. The Workers’ Compensation Appeals Board grants reconsideration, rescinds the Findings and Award of

March 2010