January, 2012 - CompFox

MIGUEL RODRIGUEZ vs. RALPHS GROCERY COMPANY/FOOD 4 LESS, Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

Leave a Comment / California, Los Angeles / By Ashish

and ADJ4050189 (LAO0774705) is a case involving Miguel Rodriguez, an applicant, and Ralphs Grocery Company/Food 4 Less, a defendant. The Rehabilitation Unit issued a Determination on November 7, 2007, ordering the payment of benefits. Defendant filed an appeal on November 26, 2007, which was not accompanied by a Declaration of Readiness. The WCJ found that defendant did not file a timely and proper appeal of the RU Determination. The WCAB affirmed the WCJ’s decision after reconsideration, finding that the Appeals Board had the authority to prescribe the manner in which an appeal of an RU Determination shall be filed, i.e., by the filing of a Declaration of Readiness and

ALI POURFARZAD vs. PALMIRA ASSOCIATES, INC.; PREFERRED EMPLOYERS INSURANCE COMPANY

Leave a Comment / California, Van Nuys / By Ashish

ADJ3199572 (VNO 0558860)In this case, Ali Pourfarzad, an employee of Palmira Associates, Inc., sustained an industrial injury to his cervical and lumbar spine on September 13, 2007, and claims to have sustained injury to his psychological system and central nervous system (in the form of sleep disorder). The Workers’ Compensation Appeals Board granted defendant’s Petition for Reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. After trial, the WCJ issued a Partial Joint Findings of Fact, Awards and Order, but found that the medical report of Mark D. Mosk, Ph.D, a panel qualified medical evaluator (Q

FELIX NINO MOTA vs. ALLGREEN LANDSCAPE; NATIONAL INSURANCE COMPANY, Administered By FARA ADJUSTING SERVICES

Leave a Comment / Anaheim, California / By Ashish

This case is about Felix Nino Mota, an employee of Allgreen Landscape, who sustained an industrial injury to his head, neck, jaw, low back, right leg, right shoulder, left wrist, sense of smell, chest, psyche, gastrointestinal, pulmonary, eyes, hearing, gums, liver, nasal fracture, face, urinary, and impotency in a motor vehicle accident. The injury was so severe that he was in a coma for a month or longer. On August 31, 2005, he received a stipulated Award of 89% permanent disability and need for further medical treatment. On November 7, 2007, his attorney filed a Declaration of Readiness to Proceed, identifying the issue of failure to provide retro/prospective

LANA MOFFETT vs. HCM HEALTH CARE; TRAVELERS INSURANCE

Leave a Comment / California, Fresno / By Ashish

This case involves Lana Moffett’s workers’ compensation claim for an industrial injury she sustained on February 17, 2003. The Workers’ Compensation Appeals Board granted reconsideration to enable the workers compensation judge to file and serve a Supplemental Report and Recommendation that addresses the WCJ’s Order Appointing Independent Medical Examiners. The WCJ found that applicant sustained industrial injury to her low back, left shoulder and psyche, but not to her hips, left middle toe, left wrist, left arm, left ankle, both calves, left great toe, cervical spine, or right shoulder. The WCJ also awarded medical treatment, but deferred the issue of orthopedic permanent disability pending applicant’s re-examination by an IME, as well as the issue

SANDRA MARTINEZ vs. COSTCO WHOLESALE, Permissibly Self- Insured, Adjusted By SEDGWICK CMS

Leave a Comment / California, Salinas / By Ashish

ADJ7361756. This case involves a worker’s compensation claim by Sandra Martinez against her employer, Costco Wholesale, for injuries sustained while employed as a clerk. The Workers’ Compensation Appeals Board granted reconsideration to further study the legal and factual issues raised by the Petitions for Reconsideration. The Board ultimately found that Martinez sustained an industrial injury on September 7, 2007, to her left knee, left foot, lumbar spine and psyche, resulting in 17% permanent disability, and an industrial injury on June 2, 2010, to her neck, resulting in 5% permanent disability. The Board also ordered reimbursement for the lien of the Employment Development Department, clarified the amount of payment owed, and ordered attorney fees to be

MARLON MARTINEZ vs. CPS SECURITY SOLUTIONS, INC.

Leave a Comment / California, San Francisco / By Ashish

In this case, Marlon Martinez, the applicant, was found to have sustained an industrial injury to his back and psyche while employed as an installer on December 23, 2008. The Workers’ Compensation Appeals Board granted the applicant’s petition for reconsideration and amended the WCJ’s decision to award 35% permanent disability to be paid at the weekly rate of $264.50 per week, with the start date to be determined by the parties informally, for a total benefit of $38,180.00 less 15% to be paid as an attorney fee to Jeffrey Greenberg, Esq.. The defendant’s petition for reconsideration was denied.

TAL LAGACHE vs. COUNTY OF LOS ANGELES/ FIRE PROTECTION #390; Permissibly Self-Insured, Administered By INTERCARE INSURANCE SERVICES

Leave a Comment / California, Van Nuys / By Ashish

This case involves a dispute between Tal Lagache, an employee of the County of Los Angeles/Fire Protection #390, and the County of Los Angeles/Fire Protection #390, which is permissibly self-insured and administered by Intercare Insurance Services. Lagache filed three claims for industrial injuries sustained while employed as a firefighter by the County of Los Angeles, both specific and cumulatively, through July 14, 2010. The County of Los Angeles/Fire Protection #390 objected to the award of a deposition fee to Lagache’s attorney, and the Workers’ Compensation Appeals Board granted reconsideration and issued a notice of intention to impose a sanction on counsel for the defendant for violating the Rules of Practice and Procedure of the Workers’ Compensation Appeals Board

SUE JORDAN vs. ANDERSON CLAYTON & CO. (COALINGA FEED YARD); STATE COMPENSATION INSURANCE FUND; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE COMPANY, In Liquidation

Leave a Comment / California, Fresno / By Ashish

ANDERSON CLAYTON & CO. (COALINGA FEED YARD); STATE COMPENSATION INSURANCE FUND; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY, in liquidation SUE JORDAN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUE JORDAN, Applicant,vs.ANDERSON CLAYTON & CO. (COALINGA FEED YARD); STATE COMPENSATION INSURANCE FUND; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY, in liquidation, Defendants.Case No. ADJ4634668 (FRE …

SUE JORDAN vs. ANDERSON CLAYTON & CO. (COALINGA FEED YARD); STATE COMPENSATION INSURANCE FUND; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE COMPANY, In Liquidation Read More »

RICK HEER vs. WORLD MINERALS INC.; TRAVELERS IMDEMNITY CO. OF ILLINOIS

Leave a Comment / California, San Francisco / By Ashish

WORLD MINERALS INC.; TRAVELERS IMDEMNITY CO. OF ILLINOIS RICK HEER WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARICK HEER, Applicant,vs.WORLD MINERALS INC.; TRAVELERS IMDEMNITY CO. OF ILLINOIS, Defendants.Case No. ADJ5756564(Goleta District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVALAND DECISION AFTER REMOVALApplicant Rick Heer (applicant) seeks removal of the Order Setting for Trial (Order) issued on September 8, …

RICK HEER vs. WORLD MINERALS INC.; TRAVELERS IMDEMNITY CO. OF ILLINOIS Read More »

SHARON FRINK vs. SHASTA-TEHAMA-TRINITY JOINT COMMUNITY COLLEGE, Permissibly Self-Insured

Leave a Comment / California, Redding / By Ashish

This case involves a dispute between Sharon Frink, an applicant, and Shasta-Tehama-Trinity Joint Community College, a defendant, regarding a workers’ compensation claim. The defendant requested removal of an October 10, 2011 Findings and Order and an October 11, 2011 Findings and Order issued by the workers’ compensation administrative law judge (WCJ). The WCJ found that a replacement for panel qualified medical examination (QME) number 1301015 shall be provided because panel member John Santaniello, M.D., is unavailable pursuant to California Code of Regulations, title 8, section 34(b). The WCJ also denied defendant’s Petition to Compel Attendance for Re-Evaluation with Qualified Medical Eval

January 2012