October 2011

In this case, Joey Sanchez, an iron worker, sustained industrial injuries to his left chest wall, back, neck, and psyche on February 20, 2009, and to his left leg, foot, low back, and psyche on July 28, 2009. On November 9, 2009, a Stipulation and Award was issued, which set forth applicant’s earnings rate of $879.43 per week, equating to a temporary disability rate of $586.29 per week. Sanchez then filed a Petition to Reopen on the issue of his average weekly earnings based on subsequently developed evidence that he was entitled to a scheduled post-injury wage increase. After a hearing, the Workers’ Compensation Appeals Board granted reconsideration, rescinded

In this case, the American Red Cross, Permissibly Self Insured, Administered by Sedgwick Claims Management Services, sought reconsideration or removal of an Order issued by a workers’ compensation administrative law judge (WCJ) which disapproved a Compromise and Release (C&R) because it contained language waiving the applicant’s rights under Civil Code section 1542. The WCJ recommended that the petition be denied, and the defendant withdrew the petition on the grounds that the parties had withdrawn from the subject C&R and entered into a new C&R without the language of Civil Code section 1542. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration as moot and returned the matter for further proceedings and

Vallarta Food Enterprises, Permissibly Self-Insured, was taken to court by Mari Carmen Mercado, the applicant, for claims of industrial injury to various body parts while employed as a taqueria cook. The WCJ approved the settlement of the applicant’s claims for $10,000. The applicant then petitioned for reconsideration, which was denied. The WCJ found that the applicant had fully reviewed the compromise and release with a certified Spanish language interpreter and had a complete understanding of the terms. The WCJ also found that the medical evidence supported the settlement and that the settlement was favored as it eliminated the risk of adverse rulings and allowed the resolution of the claims to be tailored to the facts.

In this case, Rollen Burns, an applicant, filed a claim against the City of Port Hueneme, Permissibly Self-Insured, alleging industrial injury to his left hip while employed as a police officer during the cumulative trauma period from March 9, 1978 through August 13, 2010. The workers’ compensation administrative law judge found that the applicant incurred industrial injury to his left hip, causing a need for future medical treatment, unapportioned permanent disability of 40% with payment of permanent disability indemnity due from November 22, 2007, and with a 15% increase pursuant to Labor Code section 4658(d). The City of Port Hueneme sought reconsideration of the decision, but the Workers’ Compensation Appeals Board granted