November, 2010 - CompFox

Larry Nadeau vs. Sanact, Inc., And Superior National insurance Company, In Liquidation, with Claims Handled By California insurance Guarantee Associaiton through Broadspire, And State Compensation Insurance Fund

Leave a Comment / California, Oakland / By Ashish

In this case, Larry Nadeau applied for workers’ compensation benefits for a cumulative trauma injury to his right elbow, right wrist, and left elbow. The Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration and rescinded the Findings, Award, and Order of September 9, 2010, returning the matter to the WCJ to issue a new decision.

Jesse Gimeno vs. Save Mart Supermarkets, Permissibly Self-insured; Administered By Pegasus Risk Management

Leave a Comment / California, Stockton / By Ashish

In this case, Jesse Gimeno, the applicant, is appealing a Notice of Intention to Dismiss Lien issued by a workers’ compensation administrative law judge. The lien claimant, Dawdy Chiropractic, Inc., failed to appear at the mandatory settlement conference and was given 10 days to provide a written, good cause showing. The lien claimant contends that they did not receive the NOI and that their own health problems have made it difficult to follow up. The Workers’ Compensation Appeals Board reviewed the record and dismissed the petition for reconsideration.

Marilani Wright vs. Cpn Corporation And Farmers Insurance

Leave a Comment / California, San Francisco / By Ashish

In this case, Marilani Wright filed a petition for reconsideration from the Findings of Fact, Award and Orders, issued January 19, 2010, in which a workers’ compensation administrative law judge found that she sustained 97.5% permanent disability as a consequence of her October 28, 1999 industrial injury and her subsequent compensable consequence injuries. The Workers’ Compensation Appeals Board granted reconsideration and issued rating instructions to obtain a new permanent disability rating based upon factors of disability from the July 14, 2008 Report of Dr. Oscar Abeliuk. The Disability Evaluator prepared a recommended rating of 94% permanent disability, which was served on the parties on October 6, 2010. The rating instructions and the recommended rating were ordered admitted into evidence and the

Gary Wickey vs. Cemex, Inc., And American Home Assurance Company Adjusted By Gallagher Bassett Services, Inc.

Leave a Comment / California, San Francisco / By Ashish

In this case, Gary Wickey sought reconsideration of a decision filed on September 9, 2010. 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 were to be filed with the Workers’ Compensation Appeals Board.

Maria Sanchez vs. Angelo & Marie Laparulo; Usaa Casualty Insurance Company, Administered By Liberty mutual/helmsman Management services, Inc.

Leave a Comment / California, Los Angeles / By Ashish

This case involves Maria Sanchez, who is seeking reconsideration of a Joint Findings and Order issued by a workers’ compensation administrative law judge (WCJ) on September 8, 2010. The WCJ found that Sanchez did not present sufficient evidence to sustain findings that her alleged injuries arose out of and occurred in the course of her employment. The WCJ ordered that Sanchez take nothing. In Case Number ADJ131017 (LAO 0815948), the WCJ issued a September 8, 2010 Findings and Award finding that Sanchez sustained industrial injury to her back, shoulders and knees while working as a housekeeper during the period from 1985 through October 9, 1998, which resulted in 44 percent permanent disability and a need for further medical treatment

Gerald Brown vs. Costco Wholesale Corporation, Permissibly Self-insured And Adjusted By Sedgwick Claims Management Services

Leave a Comment / Anaheim, California / By Ashish

In this case, Costco Wholesale Corporation, permissibly self-insured and adjusted by Sedgwick Claims Management Services, petitioned for removal of the case to the Appeals Board following the workers’ compensation administrative law judge’s (WCJ) August 19, 2010 handwritten minute order. The petition was denied as the WCJ’s order did not cause irreparable harm or substantial prejudice. The WCJ ordered development of the medical record to address the proper application of the 1997 PDRS, which was consistent with the June 7, 2010 Decision After. The WCJ requested a supplemental report from Dr. Mutz that sets out the factors of disability to allow applicant’s permanent disability to be rated under the 1997 PDRS. The petition for removal

Harry P. Winston vs. City Of Los Angeles, Permissibly Self- Insured

Leave a Comment / California, Van Nuys / By Ashish

This case involves a dispute between Harry P. Winston, a former police officer, and the City of Los Angeles, who is permissibly self-insured. Winston claims he sustained industrial injuries to his bilateral knees, lumbar and cervical spine, gastrointestinal system, and hearing while employed as a police officer from September 8, 1970 to March 7, 2002. The Workers’ Compensation Appeals Board granted reconsideration of the September 2, 2010 Findings and Award issued by the workers’ compensation administrative law judge, rescinded the decision, and returned the matter to the trial level for further proceedings and decision by a WCJ due to the defendant’s deprivation of due process in not being allowed to cross-examine the Disability Evaluation Unit rater.

Jon Vinson vs. City Of Glendale, Permissibly Self-Insured

Leave a Comment / California, Los Angeles / By Ashish

City of Glendale, Permissibly Self-Insured Jon Vinson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJON VINSON, Applicant,vs.CITY OF GLENDALE, Permissibly Self-Insured, Defendant.Case No. ADJ2618279 (LAO 0826359)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant. City of Glendale, permissibly self-insured, seeks reconsideration of the Findings and Orders, issued September 20,2010, in which a workers’ compensation administrative law judge …

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Vianey Vargas vs. Select Staffing, Esis

Leave a Comment / California, San Francisco / By Ashish

SELECT STAFFING; ESISIn this case, Vianey Vargas, an applicant, claimed that she sustained industrial injury to her neck, upper extremity, shoulder, nervous system, psyche, and digestive system while employed as a fruit peeler from September 30, 2008 to September 30, 2009. Select Staffing and ESIS, the defendant, sought reconsideration of the September 8, 2010 Findings and Order, wherein the workers’ compensation administrative law judge (WCJ) denied defendant’s Petition for Order Suspending Action and Barring Benefits and denied applicant’s Petition for Sanctions, Attorney’s Fees and Costs. The WCJ denied defendant’s petition, finding that there were no bad-faith actions or tactics that were frivolous or

Luis Roman vs. Sears Roebuck And Company; Liberty Mutual Insurance Company

Leave a Comment / California, San Jose / By Ashish

In this case, Luis Roman was employed as a television electronics technician on August 5, 2000 and sustained an industrial injury to his back. The Workers’ Compensation Appeals Board granted the petition for reconsideration and rescinded the September 7, 2010 Findings and Award, returning the matter to the trial level for further proceedings and a new decision. The Board found that the medical reporting of the primary treating physician was incomplete and flawed, and that the WCJ should assess the percentage of permanent disability attributable to the August 5, 2000 specific injury.

November 2010