July 2010

Patrick O’reilly vs. State Of California, Department Of Corrections; State Compensation Insurance Fund

is a case in which the State of California, Department of Corrections and the State Compensation Insurance Fund were defendants. The applicant, Patrick O’Reilly, sought reconsideration of a decision by a workers’ compensation administrative law judge (WCJ) that found, based on the parties’ stipulations, that O’Reilly had sustained an industrial injury to his left knee. The WCJ also found that Brendan Morley, M.D., was not the panel qualified medical examiner (QME) in this case. The petition for reconsideration was dismissed because it was not taken from a final order subject to reconsideration, but removal was granted because the WCJ’s decision had subjected the applicant to significant prejudice. The May 17, 2010 Findings and Order

Gregory Rees vs. Chabot-las Positas Community College And Keenan & Associates

This case is about Gregory Rees, who was injured while working for Chabot-Las Positas Community College and Keenan & Associates. Rees sought workers’ compensation and was represented by Dr. Davis as the panel qualified medical evaluator. The defendant sought reconsideration of the Findings and Order of May 11, 2010, wherein the workers’ compensation administrative law judge (WCJ) found that the applicant sustained an industrial injury to his low back on October 12, 2007 and denied defendant’s petition to disqualify Dr. Davis as the PQME. The WCJ recommended that the petition be denied and the Appeals Board dismissed the petition for reconsideration and granted removal on their own motion, imposing sanctions on defendant’s counsel

Nahid Javadi vs. Simi Valley Hospital; Adventist Health Systems West,

(VNO 0417016)This case is about Nahid Javadi, an employee of Simi Valley Hospital, who sustained an industrial injury to her low back on August 12, 2000. The Workers’ Compensation Appeals Board granted the defendant’s petition for removal and rescinded the orders joining National Union Fire for AIG Domestic Claims (AIG) as a party defendant. The Board found that the defendant was permissibly self-insured and self-administered and that AIG was not a necessary party to the case.

Jorge Escalante vs. Cintas Corporation; Excel Specialty Insurance, Administered By Xchanging,

This case is about Jorge Escalante, a former employee of Cintas Corporation, who filed a workers’ compensation claim for an injury to his right shoulder and cervical spine. The defendant argued that the claim was barred by Labor Code section 3600(a)(10) because it was filed after termination. The Workers’ Compensation Appeals Board granted reconsideration, rescinded the decision, and returned the matter to the trial level for the WCJ to determine if the claim was barred by section 3600(a)(10).

Alvaro , Carrillo vs. Cp Manufacturing; Zenith Insurance

In this case, Alvaro Carrillo filed a workers’ compensation claim against CP Manufacturing and Zenith Insurance. Zenith Insurance filed a petition for removal and change of venue to San Diego, arguing that the injury occurred in San Diego and all of the witnesses were located in San Diego. The Workers’ Compensation Appeals Board denied the petition for removal and change of venue, finding that the objection to venue was untimely and that venue must remain in the Los Angeles district office. The Board also noted that Zenith Insurance could file a petition for change of venue for “good cause” if necessary.

Manuel Ortiz vs. Tower Industries, Inc; Scif Insured Inland Empire

(MON 0342974) is a case in which the State Compensation Insurance Fund (SCIF) filed a petition for reconsideration from the Findings and Award issued by a workers’ compensation administrative law judge (WCJ). The WCJ found that the applicant, Manuel Ortiz, sustained 100% permanent disability as a result of his November 28, 2005 industrial injury to his pelvis, right lower extremity, urethra, psyche, back, cardiovascular, gastrointestinal and reproductive/erectile dysfunction, as well as a sleep disorder. SCIF argued that the WCJ’s determination was not justified by the evidence and that she erred in finding applicant sustained injury in the form of a sleep disorder and erectile/penile dysfunction. The

Kenneth Manes vs. Tenneco Inc. Ace,

Tenneco Inc. Ace, Kenneth Manes WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAKENNETH MANES,Applicant,vs. TENNECO INC.; ACE,Defendant(s). Case No. ADJ4219029 (ANA 0355235) OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the May 18, 2010 Findings and Award and Order,wherein the workers’ compensation administrative law judge (WCJ) found, in pertinent part, that applicant, while employed …

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Denny Perez vs. Marisela Millan Dba Chula Vista Tours; Endurance Insurance Company

is a case in which Denny Perez, the applicant, is appealing a decision that he was not an employee of Chula Vista Tours. The Workers’ Compensation Appeals Board considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ). The WCJ found that the testimony of the applicant was not credible and based on the credible testimony of other witnesses, the preponderance of the evidence established that the applicant was not an employee of Chula Vista Tours on January 15, 2009. The Board denied the Petition for Reconsideration and extended to the WCJ’s finding on credibility the great weight to which it is entitled.

Keiunta Dixon, vs. Apple One; Ace Usa, Administered By Esis, Inc.. Aig Sun America/national Fire Insurance Company Of Hartford, Administered By Chartis Claims, Inc.

is a case in which Keiunta Dixon sought workers’ compensation from Apple One; Ace USA, Administered By ESIS, Inc. and AIG Sun America/National Fire Insurance Company Of Hartford, Administered By Chartis Claims, Inc. The Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in the case.

daniel Mayo vs. Wal-mart Stores, Inc.; American Home Assurance, Adjusted By Frank Gates

In this case, Wal-Mart Stores, Inc. and American Home Assurance, adjusted by Frank Gates, filed a petition for removal requesting that the Appeals Board reassign the trial in this matter to a workers’ compensation administrative law judge (WCJ) who has not presided over a prior settlement conference. The petition was dismissed as it was not verified upon oath in the manner required for verified pleadings in courts of record. The WCJ’s Report and Recommendation was adopted and incorporated, and defendant was admonished that similar behavior in the future may result in sanctions.