April 2011

Ramon Zieba vs. Bailly Showcase; Safeco Insurance Company

This case involves a lien claimant, Barry A. Halote, Ph.D., who sought reconsideration of a February 3, 2011 Findings of Fact issued by a workers’ compensation administrative law judge (WCJ) wherein the WCJ found that the applicant did not sustain a psychiatric injury arising out of and occurring in the course of employment. The WCJ denied the petition for reconsideration, finding that the issue of the reasonableness of psychiatric treatment was not raised at the first hearing and was therefore waived. The Workers’ Compensation Appeals Board upheld the WCJ’s decision.

Carllie Williams vs. Department Of Transportation, Adjusted By State Compensation Insurance Fund

This case involves six Applications for Adjudication of Claim filed by Carllie Williams against the Department of Transportation, adjusted by the State Compensation Insurance Fund. Williams and the Department of Transportation entered into a stipulated settlement that was approved by the State Personnel Board on October 21, 2008, which included the removal of certain documents from Williams’ official personnel file. Despite the stipulation, the Department of Transportation sent the documents to the evaluators of Williams’ psychiatric injury. The Workers’ Compensation Appeals Board granted Williams’ petition for removal and amended the Order dated March 23, 2011, to prevent the Department of Transportation from using the documents removed from Williams’ official personnel file for any purpose related to her workers’ compensation claims.

Sandra Venegas, (sandra Valles) vs. Chumash Casino; Tribal First/california Insurance Guarantee Association

(VNO 0547417) is a case involving Sandra Venegas (Sandra Valles) and Chumash Casino; Tribal First/California Insurance Guarantee Association. The case was dismissed by the Workers’ Compensation Appeals Board because the order issued by the workers’ compensation administrative law judge (WCJ) was not a final order and the petition for removal was denied because there was no showing of substantial prejudice or irreparable injury.

Antonie Tur (antonine Tur) vs. El Pollo Loco; Permissibly Self-insured

In this case, Antonie Tur (Antonine Tur) sought reconsideration of a February 22, 2011 Supplemental Findings and Order, wherein the workers’ compensation administrative law judge (WCJ) found that El Pollo Loco had timely paid the September 8, 2008 Stipulated Award, but did not timely pay interest on the Award pursuant to Labor Code Section 5800. The WCJ found that El Pollo Loco’s failure to timely pay interest was not unreasonable, and, therefore, declined to find a penalty pursuant to Labor Code section 5814 or order El Pollo Loco to pay attorney’s fees pursuant to Labor Code section 5814.5. The WCJ recommended that the petition be granted to amend the September 8,

Roberto Robles vs. Andy Gump, Inc.; Old Republic Insurance Co., Administered By Gallagher Bassett Services

In this case, Roberto Robles filed two unverified petitions for reconsideration of a workers’ compensation administrative law judge’s (WCJ) decision that he did not sustain a compensable industrial injury while employed by Andy Gump, Inc. and Old Republic Insurance Co. The WCJ noted that the petitions were unverified and dismissed them. The Workers’ Compensation Appeals Board upheld the WCJ’s decision, noting that Labor Code section 5902 requires verification of a petition for reconsideration and that the petitioner had not cured the defect by filing a verification or offered an explanation of why a verification could not be filed.

Aurora Realivasquez vs. Turbot Jet Products, Inc.; State Compensation Insurance Fund

(ANA 0349538) is a case in which Aurora Realivasquez, an assembler employed by Turbot Jet Products, Inc., sought reconsideration of a Findings and Award issued by a workers’ compensation administrative law judge (WCJ) on February 17, 2010. The WCJ found that Realivasquez sustained industrial injury to her neck and bilateral shoulders, causing 50% permanent disability after apportionment and a need for further medical treatment. The WCJ found that the employer met its burden to prove overlap and that the permanent disability caused by the prior and instant industrial injuries affected the same abilities to compete in the open labor market and earn. The Workers’ Compensation Appeals Board denied the petition for reconsideration.

Kenny Phan vs. Tobar Industries

In this case, Tobar Industries Kenny Phan was involved in a workers’ compensation dispute in which the parties had signed a Compromise and Release (C&R) form with an Addendum attached. The C&R form stated that only issues initialed by both parties were included in the settlement, and the line for “discrimination (Labor Code § 132a)” was not initialed. The Addendum, however, contained a typed paragraph stating that the applicant waived 132a claims. The WCJ failed to bring the provision in the Addendum to the parties’ attention after her review of the C&R. The applicant argued that the WCJ erred in disallowing the offer of proof of applicant’s former attorney as to his

Leonard Ortiz vs. City Of West Covina; Hazelrigg Risk Management Services

In this case, the City of West Covina and Hazelrigg Risk Management Services sought reconsideration and removal of an order rescinding an order approving a compromise and release agreement. The Appeals Board granted the petition for reconsideration and rescinded the order rescinding the order approving the compromise and release agreement, returning the matter to the trial level to resolve the discrepancy between the compromise and release agreement approved by the WCJ and the one filed in EAMS. The petition for removal was dismissed as moot.

Jose R. Gonzalez-lopez (jose R. Gonzalez-lopez) vs. Tanimura & Antle; Tavelers Insurance Company

This case is about Jose R. Gonzalez-Lopez, who was employed on September 15, 2005 and sustained an industrial injury to his cervical spine and both shoulders. The Workers’ Compensation Appeals Board granted reconsideration of the March 12, 2010 Findings and Award to further study the factual and legal issues. The WCJ found that the applicant sustained an industrial injury that caused temporary disability from June 30, 2009 through July 20, 2009 and from January 20, 2010 to the present and continuing. The WCJ did not order the applicant to treat with a medical provider network (MPN) physician and found the reports of applicant’s non-MPN treating physician to be admissible. The WCJ also found that there is no substantial evidence to support a

Crisoforo Garcia vs. Ron Ellis Racing Stable; Chartis Costa Mesa

(LAO 0854140) is a case involving lien claimant “Dr. Sadler/Sadler Medical Group” and defendants Ron Ellis Racing Stable and Chartis Costa Mesa. The lien claimant sought reconsideration of the Findings and Orders, issued February 8, 2011, wherein the workers’ compensation administrative law judge (WCJ) found that “Dr. Sadler/Sadler Medical Group failed to meet his burden of proof on his lien.” The WCJ denied the petition for reconsideration and issued a Notice of Intention to Impose Sanctions against Veronica Coronado and Dr. Sadler/Sadler Medical Group, jointly and severally, in the amount of $250.00 for filing a frivolous and unsub