June 2010

Armando Balderas vs. Gte Corporation; Chartis Insurance

is a case in which Armando Balderas, the applicant, was found to be 100% permanently disabled with no basis for apportionment. The case was filed against GTE Corporation and Chartis Insurance. The WCJ found that Balderas sustained industrial injury to his right shoulder, left arm, spine, and both upper extremities while employed as a plant construction installer during the period 1990 through November 2002. The WCJ denied the defendant’s petition for reconsideration and corrected the clerical error in the caption to reflect that the decision applies to only one case number.

Casey Callagy, vs. Timec Corporation; American Home Assurance/aig, Administered By Liberty Mutual/helmsman Management Services

In this case, the applicant, Casey Callagy, filed a petition for reconsideration of an Opinion and Order Granting Reconsideration and Decision After Reconsideration issued on April 27, 2010. The April 27, 2010 decision granted reconsideration, rescinded the Order Rescinding Award issued by the workers’ compensation administrative law judge (WCJ) on February 9, 2010, and reinstated the December 23, 2009 Stipulated Award. The Appeals Board denied the petition for reconsideration, finding that the WCJ may treat applicant’s request as a petition to set aside the stipulations and that further proceedings were needed to determine whether good cause exists to set aside the December 23, 2009 Award.

Ernest Carmichael, Jr. vs. City Of San Bernardino, Permissibly 9 Self-insured

In this case, the Workers’ Compensation Appeals Board granted reconsideration of the December 10, 2009 Findings and Award to further study the factual and legal issues. The applicant, Ernest Carmichael, Jr., was employed as a parking enforcement officer and sustained an industrial injury to both knees, his back, and his left shoulder that caused 62% permanent disability. The defendant argued that the WCJ erred in finding that the applicant sustained 62% permanent disability, arguing that the WCJ’s decision was not supported by substantial medical evidence and that the WCJ should not have found disability in excess of the amount permitted by the 2005 Permanent Disability Rating Schedule. The WCJ did not adequately consider the causes of applicant’s post-in

Charles Follett vs. City Of Glendale, Permissibly Self- Insured And Self-administered,

In this case, Charles Follett sought reconsideration of an Opinion and Order Granting Reconsideration and Decision After Reconsideration issued on April 12, 2010, wherein the Workers’ Compensation Appeals Board granted reconsideration and amended the Findings and Award issued by the workers’ compensation administrative law judge on January 19, 2010. The Board denied the petition for reconsideration, finding that Follett was not entitled to section 4850 benefits after the effective date of his disability retirement, as his right to leave of absence benefits had vested and he was barred from receiving section 4850 benefits after the effective date of his disability retirement.

Michael Kestel vs. Capitol Buick Pontiac Gmc; Zenith, Republic Indemnity

This case involves a worker’s compensation appeal by Michael Kestel against Capitol Buick Pontiac GMC and Zenith, Republic Indemnity. The Appeals Board denied Kestel’s petition for reconsideration, finding that his industrial injury to his upper extremities during the period of January 17, 2006 to January 17, 2007 caused permanent disability of 16%, rather than the 24% found by the WCJ in the Findings and Award of January 21, 2010. The Board found that the record as presently developed justified the finding of 16% permanent disability and denied Kestel’s contention that the record required further development.

Angela Moreno vs. City Of Glendale;

In this case, the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration to further study the factual and legal issues. The Appeals Board found that the City of Glendale did not meet its burden of proof with respect to the Labor Code section 3208.3(h) defense, and affirmed the Findings and Award of April 7, 2010. The Appeals Board also vacated its order granting reconsideration as it pertained to the applicant’s petition and dismissed the petition.

Darryl Pillors vs. Penske Truck Leasing Co.; Old Republic Insurance Company

In this case, Darryl Pillors was employed as a truck driver and claimed industrial injury to his back and shoulder on November 20, 2008 and psychiatric injury through the period ending December 17, 2008. Penske Truck Leasing Co. and Old Republic Insurance Company requested removal of the March 15, 2010 Order issued by the workers compensation administrative law judge (WCJ) wherein the WCJ ordered the Medical Director to produce a second panel of qualified medical evaluators (QME). The Appeals Board granted the removal, rescinded the WCJ’s decision, and returned the matters to the trial level for further proceedings and decision by the WCJ. The WCJ must determine the admissibility of the first panel QME report and address the remaining

Joel Ramirez vs. Kuehne & Nagel, Inc.; Travelers Property Casualty Insurance

In this case, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration and denied the Petition for Removal filed by Joel Ramirez. The Board found that the Petition for Reconsideration was not a final order and therefore could not be challenged, and that the Petition for Removal was denied because Ramirez had not shown that the change of venue from Anaheim to San Bernardino would result in ineparable harm or significant prejudice.

Raymond Sikes vs. Sbc/pacific Bell Telephone Co.; Liberty Mutual 29073 Glendale

This case is about Raymond Sikes appealing a decision made by SBC/Pacific Bell Telephone Co. and Liberty Mutual 29073 Glendale. The Workers’ Compensation Appeals Board granted the petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in the case. All further correspondence, objections, motions, requests and communications must be filed with the Workers’ Compensation Appeals Board.

Suzanne Singer vs. Disneyland, Disney World Wide Services, Permissibly Self-insured

In this case, Suzanne Singer, the applicant, sought reconsideration of the April 30, 2010 Opinion and Order Granting Reconsideration and Decision After Reconsideration, wherein the Appeals Board affirmed the WCJ’s decision that the applicant did not sustain an industrial injury on October 7, 2004. The applicant argued that the Appeals Board erred in finding that the applicant did not sustain an industrial injury, as she had resumed her special mission at the time she was injured. The petition for reconsideration was dismissed as successive, as the applicant was not newly aggrieved by the April 30, 2010 decision. The applicant’s recourse was to file a writ of review with the appropriate Court of Appeal.