December 2011

Billie Soto vs. Dollar Tree Stores, Inc.; Chartis Insurance Company

is a case in which Dollar Tree Stores, Inc. and Chartis Insurance Company appealed a decision by a workers’ compensation administrative law judge that found that Billie Soto, the applicant, had incurred an industrial injury to his neck and back while working for Dollar Tree Stores, Inc. The administrative law judge found that Soto had a permanent and stationary date of January 27, 2011, and was entitled to 26% permanent disability after apportionment and a need for future medical treatment. The defendants sought reconsideration of the decision, as they had learned that Soto had begun receiving additional disability payments from the Employment Development Department (EDD) beginning on the date of the trial and continuing. The Workers’ Compensation Appeals Board granted the petition for reconsideration

Marlene Copus vs. North Sacramento Elementary School District

(SAC 0323091)In this case, Marlene Copus, an employee of the North Sacramento Elementary School District, sustained an industrial injury to her neck and low back in a cumulative trauma injury ending January 28, 2003. The Workers’ Compensation Appeals Board granted reconsideration to further study the factual and legal issues and ultimately determined that the record lacked substantial medical evidence sufficient to reliably determine the issue of whether or not applicant is entitled to cervical spine surgery. The Board then appointed a neurosurgeon to examine applicant and report on the reasonableness and necessity of cervical spine surgery, and the matter was returned to the trial level for further proceedings.

Mark Knowles vs. Maita Chevrolet Geo; Amtrust North America

In this case, Mark Knowles, the applicant, was employed as an internet sales manager and sustained an industrial injury to his back, hips, lower extremities, and musculoskeletal region. The defendant, Maita Chevrolet Geo and Amtrust North America, requested to depose the applicant at a status conference, but the workers’ compensation administrative law judge denied the request as untimely. The Workers’ Compensation Appeals Board granted the defendant’s Petition for Removal, finding good cause for the defendant to take the applicant’s deposition due to his alleged prior medical history. The Order dated September 21, 2011 was amended to grant the request to depose the applicant.

Dareell Young vs. Solarponics, Inc.; Gallagher Bassett Services, Inc.

In this case, the Workers’ Compensation Appeals Board denied the Petition for Reconsideration and dismissed the Removal filed by Darrell Young against Solarponics, Inc. and Gallagher Bassett Services, Inc. The Board adopted and incorporated the report of the workers’ compensation administrative law judge and based their decision on the review of the record. The decision was dated and filed at San Francisco, California on December 29, 2011 and service was made on the persons listed on the current official address record.

Robin Word vs. Monterey Peninsula Unified School District (psi) Administered By Keenan & Associates, (tpa)

In this case, Robin Word, an employee of the Monterey Peninsula Unified School District, filed a claim for workers’ compensation after slipping and falling at work. The District accepted the claim for injury to her left foot, but denied the claim for injury to her lower back. After a pre-trial discussion, it was agreed that Applicant would be examined by a regular physician, David Graubard, MD. Dr. Graubard’s report stated that the 2/12/10 incident was a contributing factor in Applicant’s need for medical treatment. The Workers’ Compensation Appeals Board reviewed the record and denied the Petition for Reconsideration, extending to the WCJ’s finding on credibility the great weight to which it is entitled.

Nathan Staats vs. Winco Holdings And Liberty Mutual Insurance Company

In this case, Nathan Staats filed a petition for reconsideration and removal against Winco Holdings and Liberty Mutual Insurance Company. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration and denied removal, as the petition was not from a “final” order, decision, or award, and petitioner had not shown that there would be substantial prejudice or irreparable harm if removal was not granted.

Kevin Miller vs. Ca State University Fresno, Permissibly Self-insured, Administered By Sedgwick Claims

(FRE 0248360)

The Workers’ Compensation Appeals Board granted a petition for reconsideration in the case of Kevin Miller vs. CA State University Fresno, Permissibly Self-Insured, Administered by Sedgwick Claims. The reconsideration was granted to allow sufficient opportunity to further study the factual and legal issues in the case and to enable the Board to issue a just and reasoned decision. All further correspondence, objections, motions, requests and communications were to be filed with the Workers’ Compensation Appeals Board in San Francisco.