August, 2011 - CompFox

Gary K. Sanderson vs. Northcal Pump; State Compensation Insurance Fund

Leave a Comment / California, San Francisco / By Ashish

In this case, Gary K. Sanderson, the applicant, sought reconsideration of an order issued by a workers’ compensation administrative law judge (WCJ) regarding the depositions of the applicant, two doctors, and the withdrawal of a petition for sanctions. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration and denied the Petition for Removal, finding that the WCJ’s order was not a final order and that the applicant had failed to establish that the order would result in significant prejudice or irreparable harm.

Salvador Rodriguez vs. Eberhard Roofing; Zurich North America

Leave a Comment / California, San Francisco / By Ashish

In the case of Eberhard Roofing; Zurich North America Salvador Rodriguez, the Workers’ Compensation Appeals Board ordered that the service record set forth in the Board’s decision of August 15, 2011 be amended and corrected to reflect that George Henderson was served with a copy of said decision. Service was made on the persons listed below at their addresses on the current official address record.

Carrita Morales vs. County Of Riverside, Department Of Public Health

Leave a Comment / California, San Bernardino / By Ashish

This case is about a worker, Carrita Morales, who was injured while employed as a clerk on December 18, 2006. The employer accepted the injury but disputed injury to some of the body parts. The worker filed an Application for Adjudication of Claim on July 11, 2008. The defendant filed an untimely, verified Petition for Removal, requesting that the Appeals Board reverse the Order dated May 25, 2011, wherein the workers’ compensation administrative law judge (WCJ) took the case off calendar and ordered discovery reopened. The Appeals Board dismissed the petition but removed the matter to themselves on their own motion. The case was returned to the trial level to be set for Mandatory Settlement Conference and for such further proceedings and decisions by the WCJ

Chad Imes vs. Scenario Designs, Inc.; Everest National Insurance Company; Power Payroll, Inc.; California Insurance Guarantee Association For Legion Insurance Company, In Liquidation

Leave a Comment / Anaheim, California / By Ashish

Scenario Designs, Inc.; Everest National Insurance Company; Power Payroll, Inc.; California Insurance Guarantee Association for Legion Insurance Company, in liquidation Chad Imes WORKERS’ COMPENSATION APPEALS-BOARDSTATE OF CALIFORNIACHAD IMES, Applicant,vs.SCENARIO DESIGNS, INC.; EVEREST NATIONAL INSURANCE COMPANY; POWER PAYROLL, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE COMPANY, in liquidation, Defendants.Case No. ADJ2480026 (ANA 0363252) OPINION AND …

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Rhonda Curtis-king vs. Albertsons; Specialty Risk Services

Leave a Comment / California, Sacramento / By Ashish

In this case, Rhonda Curtis-King, an employee of Albertsons, sought reconsideration of two Findings and Awards issued by a workers’ compensation administrative law judge. The first award found that Curtis-King sustained industrial injury to her feet, upper extremities, and psyche during a cumulative period to May 27, 1997, causing permanent disability of 43% and the need for further medical treatment. The second award found that Curtis-King sustained industrial injury to her feet, upper extremities, and psyche during a cumulative period from July 17, 1998 to October 16, 1998, causing permanent disability of 19% and the need for further medical treatment. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration in the first case

Nina Sinistsyna vs. Olympic Rehabilitation Center; State Compensation Insurance Fund; Everest National Insurance Company C/o Acca; And California Insurance Guarantee Association For Credit General, In Liquidation

Leave a Comment / California, Los Angeles / By Ashish

This case involves a dispute between Nina Sinistsyna, the applicant, and Olympic Rehabilitation Center, State Compensation Insurance Fund, Everest National Insurance Company c/o ACCA, and California Insurance Guarantee Association For Credit General, In Liquidation, the defendants. The Workers’ Compensation Appeals Board granted reconsideration of the decision of July 1, 2011, rescinded the decision, and returned the matter for further proceedings and decision by the WCJ. This is not a final decision on the merits of any issues raised.

Antonio Ramirez vs. Trinity Broadcasting Network; Trinity Christian Center; State Compensation Insurance Fund

Leave a Comment / Anaheim, California / By Ashish

This case involves Antonio Ramirez and Trinity Broadcasting Network, Trinity Christian Center, and the State Compensation Insurance Fund. The Workers’ Compensation Appeals Board granted reconsideration of the decision of June 20, 2011, and rescinded the decision, returning the matter to the trial level for further proceedings and decision by the WCJ. This is not a final decision on the merits of any issues raised.

Nancy Melchor vs. Michael H. Safier, M.d.; Specialty Risk La Habra

Leave a Comment / California, Los Angeles / By Ashish

This case involves a petition for reconsideration and removal to the Workers’ Compensation Appeals Board (WCAB) by Nancy Melchor, a medical doctor, regarding a Finding and Order issued by the Specialty Risk LA Habra. The WCAB denied both the petition for reconsideration and the petition for removal, finding that no final order had been issued and that there were no extraordinary circumstances justifying removal.

Louis Dobert vs. City And County Of San Francisco Permissibly Self-insured

Leave a Comment / California, Oakland / By Ashish

In this case, the City and County of San Francisco sought removal of the case to the Appeals Board or reconsideration of the June 21, 2011 decision of the workers’ compensation administrative law judge (WCJ) to defer defendant’s request that proceedings in the case be stayed pending the conclusion of criminal proceedings against applicant for workers’ compensation fraud, insurance fraud, grand theft and attempted perjury. The WCJ’s decision was upheld and the petition for removal was denied. The court found that applicant was entitled to a presumption of innocence and that a stay of the pending workers’ compensation proceedings at this point in time would only delay the necessary final determination of his claim.

Apolonia Corrales vs. Silgan Plastics Corp; Gallagher Bassett; State Compensation Insurance Fund

Leave a Comment / California, Los Angeles / By Ashish

: In this case, Apolonia Corrales filed a workers’ compensation claim against Silgan Plastics Corp., Gallagher Bassett, and the State Compensation Insurance Fund. Lien claimant David Silver, M.D. filed a Petition for Removal, requesting that the Appeals Board rescind the Order dated June 8, 2011, wherein the workers’ compensation administrative law judge ordered the case to be continued to a lien trial. The Petition for Removal was dismissed as the Order did not order development of the record and the lien claimant did not contend that it would sustain significant prejudice or irreparable harm because of the trial. The Petition for Removal was also dismissed with regard to the Order of Rescission dated March 27, 2011, as the lien

August 2011