November 2011

This case is about Clay Weldon, who was injured while working as a materials technician in California. He requested authorization for spinal surgery, which was denied by U.S. Fidelity and Guarantee Company. The Workers’ Compensation Appeals Board reversed the award of spinal surgery as reasonable medical treatment, finding that the opinion of the Agreed Medical Examiner, Dr. McCormack, that the surgery was not warranted was substantial medical evidence.

: The San Leandro Unified School District was permissibly self-insured and administered by Keenan & Associates. Maryellen Murphy filed a Petition for Reconsideration with the Workers’ Compensation Appeals Board. The Board denied the Petition for Reconsideration, finding that the permanent disability determination based on preclusion from sedentary work was supported by the evidence, and that there was insufficient evidence to support apportionment of permanent disability with respect to Murphy’s knees. The Board also admonished Murphy for repeated references to the video and reports which were excluded from evidence.

This case involved a workers’ compensation claim by Parveena Prasad against Sacramento Bee/McClatchy Newspapers, Inc. Prasad’s claim was based on an admitted industrial injury to her right elbow and neck while employed by the defendant. The claim was settled on May 25, 2010 by compromise and release with a lump sum payment of $20,000.00. As part of the settlement, defendant agreed to pay, adjust or litigate any liens and to hold applicant harmless from them. Accident Injury & Family Therapy, Innovative Medical Management and Louis Heard failed to attend either of the mandatory settlement conferences in this case contrary to the Rules, and the Appeals Board imposed sanctions and awarded costs and fees against them.

In this case, Larry Mcatee was claiming an industrial injury to his back and nervous system while working as a truck driver on March 2, 2000, and cumulative trauma industrial injury to those same body parts during the period January 1, 2001 to February 18, 2003. At a mandatory settlement conference, the WCJ ordered and noted that discovery was closed. The defendant then petitioned for removal of the case to the Appeals Board and for reconsideration of the September 7, 2011 order of the WCJ closing discovery. After the parties agreed to conduct additional discovery, the WCJ recommended that the September 7, 2011 order closing discovery be rescinded and the petition for reconsideration be dismissed as moot. The Appeals Board granted the petition for removal and

In this case, Victoria Martinez is appealing an order from the workers’ compensation administrative law judge (WCJ) that she attend a medical examination with Dr. James K. Styner. Martinez argues that the WCJ erred by issuing the order without giving her an opportunity to be heard on the matter. The WCJ’s Report and Recommendation on Petition for Reconsideration states that the issue of Martinez’s submission to the medical examination was raised at the Mandatory Settlement Conference on August 18, 2011. The Appeals Board dismissed Martinez’s Petition for Reconsideration and denied her Petition for Removal, noting that the WCJ’s Order Compelling Attendance at Medical Evaluation does not constitute a final order within the meaning of Section 5900.