May 2011

Omar Vargas vs. Rubin Marble & Granite, Inc.; California Insurance Company

This case involves a dispute between Rubin Marble & Granite, Inc. and California Insurance Company over the injury of Omar Vargas, a marble setter. The Workers’ Compensation Appeals Board granted reconsideration, rescinded the March 9, 2011 Findings and Award, and substituted it with a new Findings and Award deferring the issues of temporary disability and attorney fees. The Board also amended the average weekly wage and the temporary disability indemnity rate to $1,117.32 and $744.88, respectively. The matter was returned to the trial level for further proceedings and decision by the WCJ.

Johnny Stewart vs. Praxair, Inc./old Republic Insurance Company; As Administered By Broadspire

(LAO 0887175)

In this case, Johnny Stewart, an employee of Praxair, Inc., alleged that he sustained industrial injury to his bilateral upper extremities on January 1, 2001. The defendant sought reconsideration and removal of the Findings of Fact and Order issued by a workers’ compensation judge (WCJ) on March 7, 2011, wherein the WCJ found that the parties had not complied with the AME/QME procedure of Labor Code section 4062.21 and ordered the parties to comply with the AME/QME process. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration because the March 7, 2011 Findings of Fact and Order was not a final order, granted removal,

Ana Sami vs. Hughes Aircraft Company; Specialty Risk Services, Inc.

This case involves a petition for reconsideration filed by both the applicant and the defendant in a workers’ compensation case in California. The Workers’ Compensation Appeals Board granted the 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 were to be filed with the Workers’ Compensation Appeals Board.

Karen Reff vs. Union Of American Hebrew Congregation, Insured By Meadowv

Union Of American Hebrew Congregation, insured by Meadowv Karen Reff WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN REFF, Applicant, vs.UNION OF AMERICAN HEBREW CONGREGATION, insured by MEADOWBROOK INSURANCE COMPANY, administered by GALLAGHER BASSETT, Defendant(s).Case No. ADJ671568 (VNO 0519723) OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award of March …

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Vicente Oseguera vs. Wide Awake Developers; State Compensation Insurance Fund

Wide Awake Developers; State Compensation Insurance Fund Vicente Oseguera WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVICENTE OSEGUERA, Applicant,vs.WIDE AWAKE DEVELOPERS; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case Nos. AJIJ-537573 (MON 0347052)OPINION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings and Award and Order (FAO) issued in this case on February 10, 2011, wherein the workers’ compensation administrative …

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Chang Hyun Kim vs. System Carwash, Llc; Guard Insurance Group

This case involves a Petition for Reconsideration filed by Chang Hyun Kim against System Carwash, LLC and Guard Insurance Group. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, citing reasons stated in the report of the workers’ compensation administrative law judge. Service was made by mail on the persons listed at their addresses as shown on the current official address record.

Hamid Khazaeli vs. Spedia.com Inc. And Sysmaster Corp.; Great American Insurance Company

This case involves a dispute between Hamid Khazaeli, Spedia.com Inc. and Sysmaster Corp., and Great American Insurance Company. Khazaeli filed a petition for reconsideration of the panel’s earlier March 16, 2011 Opinion and Orders Denying Petitions for Disqualification and Removal, which was denied. He also filed a petition to disqualify Appeals Board Commissioners James Cuneo, Ronnie Caplane and Frank Brass, and a Second Petition for Disqualification and Removal of the Presiding Workers’ Compensation Administrative Law Judge Fudem, both of which were dismissed. The cases were returned to the trial level for further proceedings and decisions by a workers’ compensation administrative law judge as appropriate.

Walter Harrison vs. Rolling Hills Country Club; Cna Insurance Company; General Insurance Company Of America; First National Insurance Company Of America; California Indemnity Insurance Company, Care Of Gallagher Bassett Services; State Compensation Insurance Fund

is a case in which Walter Harrison, an employee of Rolling Hills Country Club, claimed to have sustained a cumulative trauma injury to his right knee, low back, and an infection of coccidioidomycosis. The State Compensation Insurance Fund (SCIF) sought reconsideration of the Findings and Award, issued March 7, 2011, in which a workers’ compensation administrative law judge (WCJ) found Harrison sustained 12.5% permanent disability as the result of an admitted May 11, 1992 industrial injury to his right knee, low back and an infection of coccidioidomycosis. The WCJ also found Harrison sustained an industrial cumulative trauma injury to the same parts of the body over the period August 24, 1997

Alfredo Gutierrez vs. Viking Company; State Compensation Insurance Fund

(SDO 0348759) is a case in which Alfredo Gutierrez, the applicant, requested that the Workers’ Compensation Appeals Board remove the trial judge, James Hopkins, due to his apparent bias against the applicant’s attorney. The Board granted the petition for disqualification and returned the matter to the trial level to be set for trial before a different WCJ, giving the case priority due to the procedural history.

Jose Arias (castro)(deceased) Celia Arias (widow) vs. Gardena Valley News; State Compensation Insurance Fund

In this case, Jose Arias (Castro) (deceased) and Celia Arias (widow) are the applicants, and Gardena Valley News and State Compensation Insurance Fund are the defendants. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration and ordered that it be denied. Service was made by mail on the persons listed at their addresses as shown on the current official address record.