October, 2010 - CompFox

Sarah Shipp vs. Gottschalks; Specialty Risk Services,

Leave a Comment / California, San Francisco / By Ashish

In this case, the Workers’ Compensation Appeals Board granted reconsideration of the Joint Findings and Award of August 24, 2010, which found that the applicant, Sarah Shipp, sustained industrial injury to her right shoulder, left shoulder, and right elbow and thumb. The defendant argued that the Workers’ Compensation Judge (WCJ) erred in relying on the Agreed Medical Evaluator (AME) to rate the applicant’s upper extremity impairment based on an analogy to a hernia injury. The Board held that the opinion of the physician must set forth the facts and reasoning which justify it and that a physician’s opinion that is not based on the AMA Guides does not constitute substantial evidence. The Board granted reconsideration, rescinded the WCJ

Robert Schenck vs. Colin Clinton; California Insurance Guarantee Association For Reliance Insurance Company; Affordable Quality Moving & Storage; State Compensation insurance Fund.

Leave a Comment / California, Van Nuys / By Ashish

This case is about Robert Schenck, who is seeking reconsideration of an Amended Supplemental Joint Findings and Award from August 30, 2010. The award found that the industrial injury to Schenck’s low back during the period August 7, 1997 through September 22, 1998 caused permanent disability of 29% after apportionment of 5%, and that the industrial injury to Schenck’s low back on August 7, 1997 caused permanent disability of 29% after apportionment of 5%. Schenck argued that the Workers’ Compensation Judge (WCJ) erred in admitting sub-rosa evidence, and that he was entitled to a finding of total disability under Labor Code section 4662. The WCJ denied the petition for reconsideration

SHIRLEY RIVADENEYRA, vs. CAPISTRANO UNIFIED SCHOOL DISTRICT; NATIONAL UNION FIRE INSURANCE COMPANY, Administered By CHARTIS CLAIMS, INC.,

Leave a Comment / Anaheim, California / By Ashish

This case involves the Capistrano Unified School District, National Union Fire Insurance Company, administered by Chartis Claims, Inc., and Shirley Rivadeneyra. Rivadeneyra was a teacher who sustained industrial injuries to her spine and both legs on November 19, 1999 and January 28, 2000. She filed a petition to reopen, alleging that her injuries had caused “new and further” disability pursuant to Labor Code section 5410. The Workers’ Compensation Appeals Board granted reconsideration, rescinded the Joint Findings and Award of August 12, 2010, and returned the matter to the trial level for further proceedings on permanent disability and apportionment. The Board found that the WCJ incorrectly analyzed the issue of apportionment

Adam Nittel vs. SAN JOSE SHARKS; CHUBB GROUP LOS ANGELES,

Leave a Comment / Anaheim, California / By Ashish

/ANA0388262

This case involves a dispute between the San Jose Sharks and Adam Nittel, the defendant, regarding the application of the 2005 Schedule to injuries arising before January 1, 2005. The defendant filed an Answer and the applicant filed a Request for Supplemental Petition for Reconsideration. After reviewing the record, the Workers’ Compensation Appeals Board denied the reconsideration, finding that the employer was not required to provide section 4061 notice prior to January 1, 2005, as the applicant had not established that he received salary continuation in 2001.

Jose Luis Mares (deceased) Maria Mares (widow), Et. Al. vs. Star Waggons; California Insurance Guarantee Association For Municipal Mutual Insurance Co., In Liquidation.

Leave a Comment / California, Van Nuys / By Ashish

This case involves the dependents of Jose Luis Mares, who claimed to have incurred specific and cumulative trauma industrial injury to various body parts while employed by Star Waggons as a plumber, and his dependents claim benefits as a result of his subsequent death. The claims of applicant and his dependents were addressed by two other defendants by way of compromise and release. The dependents sought reconsideration of the earlier August 25, 2010 Order of Dismissal of CIGA and Municipal Mutual Insurance Co. In Liquidation, which was served by mail on August 31, 2010. The Workers’ Compensation Appeals Board granted reconsideration and rescinded the August 25, 2010 order, returning the case to the trial level for further proceedings before a

Samuel B. Johnson, Iii vs. Chevron Environmental management Company

Leave a Comment / California, Stockton / By Ashish

(STK 0206833)This case involves Samuel B. Johnson, III, who is seeking reconsideration of a decision by a workers’ compensation administrative law judge (WCJ) to deny his request for admissions and request for authentication. Johnson is also seeking a petition for automatic reassignment of a regular hearing to another WCJ. The Appeals Board dismissed Johnson’s petition for reconsideration and denied his petition for removal, determining that the WCJ’s decision was reasonable and that there was no cause for removal.

James Hernandez vs. Gallo Glass Company, Permissibly Self-insured

Leave a Comment / California, Stockton / By Ashish

In this case, James Hernandez, an employee of Gallo Glass Company, was found to have sustained industrial injury to his bilateral shoulders, neck, back, and right lower extremity as a result of cumulative trauma through July 4, 2001. The Workers’ Compensation Appeals Board denied the defendant’s Petition for Reconsideration, finding that the parties had stipulated to the rating of the disability, that the rater had followed the DEU’s standard operating procedure, and that the defendant had not established overlap between the prior and current permanent disability.

Santiago Guajardo vs. Kelly Services And Ace Insurance Adj. By Esis

Leave a Comment / California, Stockton / By Ashish

(STK 0213932) is a case in which Kelly Services and Ace Insurance appealed the August 13, 2010 Findings and Award, which found that the applicant, Santiago Guajardo, sustained an industrial injury to his back while employed on July 17, 2007, causing 34 percent permanent disability with no apportionment. The Workers’ Compensation Appeals Board denied the petition for reconsideration, finding that the applicant had met their burden of proof in rebutting the diminished future earning capacity factor in the 2005 permanent disability rating schedule.

Esther Garcia, vs. Antelope Valley Union High , School District, Permissibly Self- Insured, Scrmia

Leave a Comment / California, San Francisco / By Ashish

In this case, the Antelope Valley Union High School District was found to be permissibly self-insured and the Workers’ Compensation Appeals Board granted the applicant’s petition for reconsideration. The Board affirmed the WCJ’s decision, except that it amended the order to add that all issues raised at the July 21, 2010 hearing, which were not decided by the WCJ’s decision, shall be deferred. The Board noted that the WCJ’s findings were based on substantial evidence, including the applicant’s verification of her own signature despite her lack of recollection of signing the medical provider network notice. The Board also noted that the applicant’s argument regarding the authenticity of the exhibit was not raised at trial and was not considered.

Brenda Dulac vs. Gambro Healthcare; Sunnyside Rehabilitation; Esis; Ciga

Leave a Comment / California, Los Angeles / By Ashish

; ADJ4450384.

In this case, Brenda Dulac is appealing a decision by the Workers’ Compensation Administrative Law Judge that she did not sustain an industrial injury. She argues that there is substantial medical evidence that she was exposed to hepatitis C during the course of her employment with the defendants. The Workers’ Compensation Appeals Board granted her petition for reconsideration and gave her twenty days to file a supplemental brief in order to give them a complete understanding of the record and to enable them to issue a just and reasoned decision.

October 2010