May 2010

This case involves a dispute between Bruce Mitchell (applicant) and the City and County of San Francisco (defendant) regarding a workers’ compensation claim. The defendant sought reconsideration or removal of an Order Setting Aside Disposition issued by a workers’ compensation administrative law judge. The Appeals Board dismissed the petition for reconsideration and denied the petition for removal, finding that the Order did not constitute a final order and that the defendant had failed to demonstrate that it would suffer substantial prejudice or irreparable injury if removal was not granted.

In this case, Dana L. Manchester, DDS. and the State Compensation Insurance Fund are appealing a decision by a workers’ compensation administrative law judge that found Helen Bough, the applicant, was entitled to 20 hours per week of in-home care from August 18, 2008 to March 19, 2009, and 29.3 hours per week from March 19, 2009 to the present and continuing, as well as payment and reimbursement for housekeeping services provided by family members. The Appeals Board granted the petition for reconsideration and amended the decision to require documentation of the actual provision of in-home care and housekeeping services in order for reimbursement to be granted.

is a case in which Donald Bouchard, the applicant, was injured in a vehicular accident on the way to a work site. The Workers’ Compensation Appeals Board found that Bouchard sustained an industrial injury and the defendant, Atlas Ornamental and the State Compensation Insurance Fund, sought reconsideration of the Findings of Fact. The Board dismissed the petition as untimely and found that Bouchard’s testimony was credible and should be given great weight.

is a case in which the defendant, AEP-SPAN; XL Specialty Insurance Company, administered and adjusted by Specialty Risk Services, sought reconsideration of an Order Denying Change of Venue. The Workers’ Compensation Appeals Board denied the petition for reconsideration and petition for removal, as the petition for change of venue was untimely and did not present extraordinary circumstances justifying removal. The Board also noted that the applicant could submit an appropriate petition for change of venue upon return of the matter to the trial level.

Sheridan Assisted Living, Inc.; State Compensation Insurance Fund Chava Cohen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHAVA COHEN, Applicant,vs.SHERIDAN ASSISTED LIVING, INC.;STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ1329489 (MON 0356260)OPINION AND ORDER DENYING PETITIONS FOR RECONSIDERATION            Applicant and defendant seek reconsideration of the March 11, 2010 Findings and Award (and Order), wherein the workers’ compensation administrative law …

Chava Cohen vs. Sheridan Assisted Living, Inc.; State Compensation Insurance Fund Read More »

This case involves Jose Gonzalez, an applicant, and Uniform Rental Services and California Insurance Guarantee Association for Superior National Insurance Company, in liquidation, Administered by Broadspire Claims Services, defendants. Gonzalez filed a petition seeking reconsideration of the Findings and Award and Orders, issued March 15, 2010, in which a workers’ compensation administrative law judge found that as a result of a June 1, 1995 admitted industrial injury to his back and psyche, while employed as a district manager, Gonzalez sustained 90.25% permanent disability, after apportionment of 10% of his back disability to a prior industrial injury. The Workers’ Compensation Appeals Board denied Gonzalez’s petition for reconsideration, affirming the WCJ’s determination that 10% of