December 2010

is a case in which the Workers’ Compensation Appeals Board of California ruled that Antonio Olivera was not employed by Rick Plano Stables on November 27, 1995. The Board granted the defendant’s petition for reconsideration and rescinded the October 13, 2010 Findings and Order, finding that there was insufficient evidence to support the original finding. The Board also ordered the defendant to pay a reasonable interpreter’s fee for services provided at the November 10, 2009 hearing.

In this case, Jose Martinez sought reconsideration of a Finding of Fact issued by a workers’ compensation administrative law judge (WCJ) which found that at the time of his February 3, 2010 injury to his left arm, he was not doing work for Matthew Lawrence Construction, Inc., but was doing work for Matthew Lawrence, the individual, who owned the property. The Workers’ Compensation Appeals Board granted the petition for reconsideration and joined Martin Lawrence and Yvonne Lawrence, the individuals, and their real property insurance carrier, ACA Insurance Company, as party defendants. The matter was returned to the WCJ for further proceedings and decision, including setting a status conference to determine whether additional discovery is necessary or whether the matter can again be set for trial.

In this case, Jesus Meza Gomez sought removal of his workers’ compensation case to the Workers’ Compensation Appeals Board after the administrative law judge denied his request to take the deposition of the primary treating physician. The Appeals Board granted removal, rescinding the November 15, 2010 order denying the request to take the deposition, taking the January 5, 2011 trial off calendar, and returning the matter to the trial level for a status conference and further proceedings.

In this case, the Workers’ Compensation Appeals Board denied the Petition for Reconsideration filed by the County of Los Angeles, which was filed in a timely manner. The Board found that the reports of Dr. Fenton indicated ongoing temporary disability. The Board denied the Petition for Reconsideration on the merits. Service was made on the persons listed on the current official address record.

is a case in which Richard Zarriello, as an individual and as a homeowner, is being sued by Gary St. Pierre. The Workers’ Compensation Appeals Board granted a petition for reconsideration in order to allow for further study of 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 in San Francisco.

In this case, the Workers’ Compensation Appeals Board affirmed the January 11, 2010 Findings, Award and Order, which found that the applicant, while employed during the period December 27, 2006 to November 7, 2008, sustained an industrial injury to her shoulders, scapula and clavicle that caused 12% permanent disability. The Board found that the WCJ correctly framed a rating instruction, based on substantial medical evidence, for the rater to consider applicant’s surgery pursuant to the AMA Guides, and that defendant did not file a timely objection to the rating.

Wachovia Bank Rita Tipton WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARITA TIPTON, Applicantvs.WACHOVIA BANK, Defendant.Case No. ADJ664427 (MON 0350904)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendam seeks reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings of Fact and Award of October 13. 2010. wherein it was found that, while employed as a financial specialist …

Rita Tipton vs. Wachovia Bank Read More »