June, 2011 - CompFox

Martin Trapero vs. North American Pneumatics; State Compensation Insurance Fund

Leave a Comment / California, San Diego / By Ashish

This case involves a petition for reconsideration filed by defendant North American Pneumatics and the State Compensation Insurance Fund with regard to a decision filed on April 11, 2011. 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 and to issue a just and reasoned decision. All further correspondence, objections, motions, requests and communications must be filed with the Workers’ Compensation Appeals Board in San Francisco, California.

Martha Quevedo vs. Union Fidelity Life; General Electrical Financial Assurance Company

Leave a Comment / California, Van Nuys / By Ashish

In this case, Martha Quevedo was awarded supplemental attorney’s fees from Union Fidelity Life and General Electrical Financial Assurance Company. The Court of Appeal, Second Appellate District, Division Two, denied the defendant’s petition for writ of review and remanded the matter to the Workers’ Compensation Appeals Board for a supplemental award of reasonable attorney’s fees. After review of the record, the Appeals Board determined that a reasonable attorney’s fee for applicant’s attorney in this matter was $2,000.00, based upon 10 hours of time expended at the hourly rate of $200.00.

James Peters vs. Federal Express; Sedgwick Wallnut Creek

Leave a Comment / California, San Francisco / By Ashish

This case is about James Peters, an employee of Federal Express, who sustained an injury to his low back while on the job in 2000. In 2004, a Stipulations with Request for Award was issued for 26.5% permanent disability. In 2005, a Petition to Reopen for New and Further Permanent Disability was filed. After reviewing the medical evidence, the Workers’ Compensation Appeals Board denied the defendant’s Petition for Reconsideration and found that the original injury had caused 54% permanent disability.

Estela Luis vs. Community Bridges; State Compensation Insurance Fund

Leave a Comment / California, Salinas / By Ashish

In this case, Estela Luis was awarded permanent disability compensation from her employer, Community Bridges, and its insurer, State Compensation Insurance Fund, after sustaining a specific industrial injury to her left knee and psyche on February 28, 2003, and a cumulative trauma injury to her left knee over the period December 21, 1994 through February 28, 2003. The Workers’ Compensation Appeals Board granted reconsideration of the Findings, Award and Order, issued April 22, 2011, and affirmed the award of the life pension, except that it was deferred pending further proceedings regarding the annual rate by which the life pension shall increase pursuant to Labor Code section 4659(c).

Jesus Hernandez vs. Jcb Clark Enterprises Inc; U.s. Fire And Guaranty

Leave a Comment / California, San Francisco / By Ashish

is a case in which Jesus Hernandez, an applicant, sought reconsideration of a Findings and Award issued by a workers’ compensation administrative law judge (WCJ). The WCJ had ordered that the applicant take nothing by way of workers’ compensation benefits, finding that the applicant had not met his burden of proof to establish that he had sustained an industrial cumulative trauma injury over the period ending March 17, 2007, while employed by JCB Clark Enterprises, Inc. The Petition for Reconsideration was denied, and the case was affirmed.

Juan Franco vs. Clougherty Packing, Llc Dba Farmer John; Permissibly Self-insured

Leave a Comment / California, San Francisco / By Ashish

; ADJ6713876; ADJ6727588; ADJ6727707Juan Franco v. Clougherty Packing LLC dba Farmer John; PSI: In this case, the defendant filed a Petition for Removal in response to the workers’ compensation administrative law judge’s decision to continue the case to trial over the defendant’s objection. The defendant argued that they were denied their right to obtain a rebuttal medical report to address the applicant’s permanent disability. The Appeals Board denied the petition, finding that the defendant failed to follow the procedures of section 4062.2 after their objection to the final report of the medical evaluator.

Robert Doody vs. Merli Concrete Pumping Company; California Insurance Guarantee Association

Leave a Comment / California, Riverside / By Ashish

In this case, Robert Doody filed a Petition for Termination of Third-party Credit and Restitution against Merli Concrete Pumping Company and the California Insurance Guarantee Association. The defendant filed a Petition for Removal, requesting that the Appeals Board reverse the order of the pro tempore workers’ compensation judge continuing the matter to trial. However, on June 1, 2011, the workers’ compensation administrative law judge ordered the case off calendar, making the petition moot. As a result, the Appeals Board dismissed the petition for removal.

Costarella, Robert vs. Robert J. Costarella, M.d.; State Compensation Insurance Fund

Leave a Comment / California, Van Nuys / By Ashish

This case involves a dispute between Robert J. Costarella, M.D. and the State Compensation Insurance Fund over the amount of permanent disability caused by an industrial injury. The Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration, finding that the applicant was 100% disabled without apportionment and that the injury became permanent and stationary on February 10, 2010. The defendant had not met its burden of establishing the percentage of permanent disability caused by other factors.

Cynthia Cadle vs. Chico Creek Health Care; Continental Casualty Company, Adjusted By Cna Claims Plus; Fremont Memorial Hospital, Travelers Property Casualty Company Of America

Leave a Comment / California, Redding / By Ashish

, Cynthia Cadle filed a petition for reconsideration and removal in response to the Joint Findings, Award and Order of April 6, 2011. The Workers’ Compensation Appeals Board granted reconsideration in ADJ1504736, amended the WCJ’s finding to include the right knee injury, and returned the matter to the trial level for further proceedings. In ADJ2325354, the WCJ found that applicant sustained industrial injury to her left femur, left lower extremity, tachycardia-induced cardiomyopathy, right knee, and right hip, but not to her right shoulder, and that the injury caused temporary disability from October 21, 2005 through October 12, 2006, permanent disability of 18%, and the need for further

Patricia Meehan vs. Kaiser Foundation, Comprehensive Comm. Home Health, Ucsf, Franklin Benevolent Center; Intercare Roseville, Kaiser Oakland County Of Contra Costa, Sedgwick Uc 14533 Oakland

Leave a Comment / California, San Francisco / By Ashish

This case involves Patricia Meehan and several defendants, including Kaiser Foundation, Comprehensive Comm. Home Health, UCSF, Franklin Benevolent Center; Intercare Roseville, Kaiser Oakland County Of Contra Costa, and Sedgwick UC 14533 Oakland. The Workers’ Compensation Appeals Board denied the Petitions for Reconsideration and the decision was dated and filed at San Francisco, California on June 29, 2011. Service was made by mail on the same date to the persons listed below at their addresses as shown on the current official address record.

June 2011