August 2010

Lisa Rogers vs. Nobel Learning Communities/merry Hill; Chubb Group For Federal Insurance

In this case, Lisa Rogers filed a letter requesting to disqualify the workers’ compensation administrative law judge (WCJ) due to a conflict of interest. However, the petition was not verified, served on all parties, or compliant with the requirements of Labor Code section 5311 or WCAB Rule 10452, so the Workers’ Compensation Appeals Board dismissed the petition.

Blanca Gutierrez vs. Phillip & Inge Boskovich And State Farm Insurance Company

(MON 0359586) is a case involving Phillip & Inge Boskovich and State Farm Insurance Company and Blanca Gutierrez. Garo Tchakian, D.C., who claims to be a lien claimant in the case, filed a petition for removal requesting that the Appeals Board rescind the Order dated July 14, 2010. The WCJ determined that Dr. Tchakian had not filed a lien in the case and the Appeals Board lacked jurisdiction to make and enforce any orders including discovery. The petition for removal was dismissed.

Lisa Fowler vs. Automobile Club Of Southern California; Liberty Mutual

Automobile Club Of Southern California; Liberty Mutual Lisa Fowler WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALISA FOWLER, Applicant,vs.AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA; LIBERTY MUTUAL, Defendants.Case No. ADJ4639392OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant. Automobile Club of Southern California (AAA), seeks ¡«consideration of the ^ Findings and Award, issued June 22, 2010, in which a workers’ …

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Bartolo Terrones vs. Remedy Temp And Reliance national Indemnity, In Liquidation, Administered By Ciga; U.s. Tile And Liberty Mutual Insurance Company

In this case, Bartolo Terrones, the applicant, was injured while employed as a laborer on February 23, 2000. His general employer was Remedy Temp, a staffing agency, and his special employer was U.S. Tile, insured by Liberty Mutual. Remedy was insured by Reliance National Indemnity, Co., which became insolvent and of which the covered claims are now the responsibility of the California Insurance Guarantee Association (CIGA). Select Staffing, which identifies itself as a defendant in this matter, has filed a petition for removal, requesting that the Appeals Board rescind the Order dated June 16, 2010, wherein the workers’ compensation administrative law judge (WCJ) ordered the depositions of Fred

Sina Sharareh vs. City Of Walnut Creek, Et Al.,

In this case, Sina Sharareh filed a petition for disqualification of the arbitrator and removal of the case to the Appeals Board. The arbitrator had issued a Findings and Order, Opinion on Decision and Summary of Evidence on October 6, 2009, but it was unclear whether this document was served on the arbitrator. The Appeals Board granted removal on their own motion and returned the case to the Oakland district office so that a WCJ could hold a hearing to determine whether the Findings and Order was properly served. If it was not properly served, the period for filing a petition for reconsideration would begin to run.

Jorge Perez vs. Tk Systems, Inc.; Insurance Company Of The West

In this case, Jorge Perez was injured in a workplace accident and required 24 hour attendant care. The Workers’ Compensation Appeals Board granted reconsideration of the June 9, 2010 Findings, Award and Order of the workers’ compensation administrative law judge, which found that the reasonable value of the attendant care being provided by applicant’s siblings was $508.00 per day. The Board rescinded the June 9, 2010 Findings, Award and Order and returned the matter to the trial level for further proceedings and a new decision. The parties were instructed to obtain a medical-legal report that discusses applicant’s home care needs, including medication administration, and to introduce additional evidence regarding the cost of such services.

Robert Pelayo vs. Quality Carrier, Inc; State Compensation Insurance Fund Cms Monterey Park

This case is about Robert Pelayo, who was appealing a decision made by the Workers’ Compensation Appeals Board. The Board granted reconsideration to further study the factual and legal issues in the case, and then the Long Beach District Office advised the Appeals Board that the matter was settled. As a result, the Board rescinded the decision and returned the matter to the trial level for review of the settlement and any further proceedings the workers’ compensation administrative law judge deemed appropriate.

Christopher Ocon (deceased); Judy Wolfe; John Manuel Ocon vs. Dal Pino Quality Pools; Arch insurance Companies,

In this case, Dal Pino Quality Pools and Arch Insurance Companies (defendant) sought reconsideration of a June 8, 2010 Amended Findings and Award and Order issued by a workers’ compensation administrative law judge (WCJ). The WCJ found that Christopher Ocon (deceased) sustained an industrial injury to his back and legs while employed on June 14, 2005, and that defendant paid temporary disability benefits and permanent disability advances. The WCJ also found that Donald Ansel, M.D., indicated during an October 14, 2009 deposition that the injury caused 31% permanent disability after adjustment for age and occupation. The WCJ awarded applicant permanent disability indemnity, payable at the rate of $230.00 per week

Anthony Lane vs. Multifoods Distribution Group;liberty Mutual Insurance Company

This case is about Anthony R. Lane, who was a truck driver/unloader, who was injured on October 28, 2002 and from February 28, 2002 to October 28, 2002. He received treatment at the L.A. Regional Surgical Center, and the center billed $75,505.00 for outpatient surgery center services. Liberty Mutual Insurance Company reviewed the charges and paid $11,694.73. The matter proceeded to a lien trial, and the sole issue was the lien balance in the sum of $63,810.27 for the outpatient surgical facilities. The Workers’ Compensation Appeals Board denied the petition for reconsideration, finding that the lien claimant had not met its burden to show that its charges were reasonable.

Maria Rosenda Munoz vs. Taiko Foods, Inc. And Tokio Marine and Nichido Fire Insurance

Maria Rosenda Munoz v. Taiko Foods, Inc. and Tokio Marine and Nichido Fire Insurance was a case in which lien claimant Mark L. Duell, Sr., D.C. sought reconsideration of a decision by a workers compensation administrative law judge (WCJ) that denied additional payment for chiropractic treatments, work conditioning, and acupuncture. The WCJ found that lien claimant had not established a prima facie case of entitlement to additional payment. The Workers’ Compensation Appeals Board granted the Petition for Reconsideration and rescinded the WCJ’s decision, returning the matter to the trial level for clarification of the record and further proceedings.