July 2011

In this case, Manuel Martinez, an employee of Barrett Business Services, claimed to have sustained an industrial injury to his upper extremities, trunk, lower extremities and psyche on January 1, 2008. The defendant denied the injury and requested a priority conference on the issue of injury arising out of employment or in the course of employment. The case was taken off calendar for further discovery, but the Workers’ Compensation Appeals Board found that the applicant had not exercised due diligence in completing discovery and denied due process of law. The Board granted the defendant’s Petition for Removal, rescinded the Order dated June 8, 2011, closed discovery, and returned the case to the trial level to be set for trial.

This case involves an employee, Sharon Hironymous, who was injured while employed by the Employers Compensation Insurance Company. The parties were unable to agree upon an agreed medical examiner (AME). The Medical Unit issued Panel #1109645, but both parties struck one of the physicians from the list. Joseph McCoy, M.D., was the remaining physician. After McCoy evaluated the applicant, she filed a complaint against him regarding the evaluation. The matter proceeded to trial, and the WCJ issued a decision ordering a replacement QME panel. The Employers Compensation Insurance Company filed a Petition for Reconsideration, which was dismissed. The company then sought removal, which was granted. The WCJ’s May 11, 2011 decision ordering a replacement QME

This case is about the State of California, Department of Corrections & Rehabilitation, Parole and Community Services Division, adjusted by State Compensation Insurance Fund, denying Stella Jacobs’ petition for reconsideration of a decision that she was not entitled to a presumption of total dependency as the “surviving spouse” of Rochelle Gladden, who passed away due to an industrial injury while working for the defendant. The Appeals Board denied the petition for reconsideration, finding that Ms. Jacobs was not entitled to the presumption of total dependency as she was not in a formal legal relationship with the deceased.

Barrett Business Services, Permissibly Self-Insured; Barrett Business Services/BBSI Dervis Espinal , RELEVANT FACTS            Applicant filed two claims alleging that he sustained industrial injury while employed by defendant as a commercial driver. In Case No. ADJ7345282, he alleged that he sustained a specific injury to his back on April 16, 2010. In Case No. ADJ7288448. he originally …

Dervis Espinal vs. Barrett Business Services, Permissibly Self-insured; Barrett Business Services/bbsi Read More »

In this case, Cynthia Kramer filed an application for adjudication of claim at the Santa Ana WCAB District Office. Dana Gawley, D.D.S. & Jeff Gawley, D.D.S.; Employers Compensation Insurance Company objected to the venue selection and filed a Petition for Change of Venue to the Sacramento WCAB District Office. The Petition was granted and the case was transferred to the Sacramento WCAB District Office. However, applicant’s attorney presented a Petition for an Order Allowing Deposition Attorney Fees to a WCJ assigned to the Marina Del Rey WCAB District Office. The WCJ issued an Order Awarding Attorney Fees in the amount of $2,712.50. Defendant filed a Petition for Recons

This case involves Olegario Perez and Streets Ahead, Inc. and Berkshire Hathaway Homestate Companies. Perez filed a petition for removal and a petition for reconsideration, both of which were denied by the Workers’ Compensation Appeals Board. The Board found that Perez would not suffer prejudice or irreparable harm if the petition for removal was denied, and dismissed the petition for reconsideration as the order was not final.

In this case, Keith Tyrell sustained an industrial injury to his back while employed as an electrical lighting technician by Warner Bros. Studio Facilities. The primary treating physician, Dr. Gazmarian, found that Tyrell had no ratable impairment and no need for further medical treatment. Tyrell’s attorney identified Dr. Rubanenko as his new primary treating physician and Tyrell received further medical treatment from additional medical providers. The Workers’ Compensation Appeals Board affirmed the WCJ’s determination that the lien claimants’ evidence was inadmissible and denied the lien claimants’ petition for reconsideration.