April, 2012 - CompFox

PHILLIP ROBINSON vs. LUKE’S TRANSMISSION, INC., LWP CLAIMS; LWP CLAIMS SOLUTIONS

Leave a Comment / California, Pomona / By Ashish

This case is about Phillip Robinson, who was employed as a service writer on December 23, 2002 and sustained an industrial injury to his right hand. The Workers’ Compensation Appeals Board denied Phillip Robinson’s Petition for Reconsideration of the February 13, 2012 Findings and Award, which found that the injury caused permanent disability of 27%, entitling him to disability indemnity in the amount of $18,317.50 in total. The Board also found that he received duplicate benefits, temporary disability benefits and benefits from the Employment Development Department from January 14 – March 6, 2004 at the rate of $275.00/week, and that he would not require further medical treatment for the effects of this injury.

THOMAS RICHARDSON vs. COUNTY OF LOS ANGELES

Leave a Comment / California, San Francisco / By Ashish

and ADJ2509411 (MON0347633) was a case between Thomas Richardson, the applicant, and the County of Los Angeles, the defendant. The defendant sought reconsideration from the Findings and Awards issued February 13, 2012, in which a workers’ compensation administrative law judge (WCJ) denied the defendant’s request for credit for its overpayment of temporary disability benefits against its liability for permanent disability awarded in these two cases. The Appeals Board granted reconsideration and allowed the defendant credit for its overpayment of temporary disability only against its liability for permanent disability in ADJ2509411. The Appeals Board found that the overpayment was due to a lack of diligence on the part of the defendant’s claims adjuster, but the defendant

DARRELL MEYERS vs. JOSEPH R. SCOTT, INC.; STATE COMPENSATION INSURANCE FUND

Leave a Comment / Anaheim, California / By Ashish

is a case in which the applicant, Darrell Meyers, sought reconsideration of a decision by a workers’ compensation administrative law judge (WCJ) that found that his industrial injury was not caused by the serious and willful misconduct of his employer, Joseph R. Scott, Inc. The WCJ had not yet received the transcript of the proceedings, and the Workers’ Compensation Appeals Board granted reconsideration to allow sufficient time for the transcript to be prepared and reviewed.

JEANETTE LEBLANC vs. LUMONICS CORPORATION; MITSUI SUMITOMO MARINE MANAGEMENT

Leave a Comment / California, Los Angeles / By Ashish

This case involves Jeanette LeBlanc, who was employed as a secretary by Lumonics Corporation from August 27, 1998 to April 29, 2000. During this time, she sustained an industrial cumulative trauma injury to her knees and shoulders in addition to the admitted injury to her lumbar spine, cervical spine and head. The Workers’ Compensation Appeals Board granted reconsideration to amend the Findings and Award to defer a determination on the period of temporary disability and returned the matter to the WCJ to determine the appropriate period of temporary disability based upon the medical evidence. The WCJ was also instructed to issue an award to the Employment Development Department along with an award of temporary disability.

HAMID KHAZAELI vs. SPEDIA.COM INC. And SYSMASTER CORP.; GREAT AMERICAN INSURANCE COMPANY

Leave a Comment / California, Oakland / By Ashish

ADJ1224818 (SFO0499593)This case involves an applicant, Hamid Khazaeli, who has filed two petitions with the Workers’ Compensation Appeals Board in California. The petitions seek removal and disqualification of the WCJ, along with an order to compel testimony and taking depositions and production of documents of APWCJ Hamilton, PWCJ Mark Fudem, WCJ Philip Estrin, WCJ Lieberman, Special Master Judge Mason, Court Administer and employees of Oakland Board with access to this case file and Applicant’s filings. The WCJ provided a Report and Recommendation on Petition for Removal/Disqualification/Compel Testimony and a Report and Recommendation on Petition for Reconsider

DONALD JOHNSTON (Deceased) RUTH JOHNSTON-MARTIN (Dependent) vs. CITY OF EL MONTE, Permissibly Self-Insured; STATE COMPENSATION INSURANCE FUND

Leave a Comment / California, San Bernardino / By Ashish

ADJ4315842 (SBR 0308717) ADJ3060486 (RIV 0055969) ADJ2417375 (RIV 0055970)This case is about the City of El Monte, which is permissibly self-insured, and the State Compensation Insurance Fund, which are defendants in a workers’ compensation case involving Donald Johnston (deceased) and Ruth Johnston-Martin (dependent). The applicant’s attorney sought reconsideration of the Findings and Order (F&O) issued in this case by the workers’ compensation administrative law judge (WCJ) on February 8, 2012, wherein the WCJ awarded applicant’s attorney an attorney’s fee of 15% of applicant’s widow’s recovery for

CHESTER JACKSON vs. FEDERAL EXPRESS, Permissibly Self-Insured

Leave a Comment / California, Los Angeles / By Ashish

This case involves a dispute between Chester Jackson, the applicant, and Federal Express, the defendant, regarding the payment of penalties and interest for services rendered by Dr. Friedman. The Workers’ Compensation Appeals Board granted reconsideration of the decision of February 9, 2012, amended the decision as recommended in the report, and otherwise affirmed the decision. The Board ordered the defendant to pay Dr. Friedman penalties and interest in accord with LC4622 (b) in amounts to be adjusted by the parties with respect to the two different dates of service.

LISA GRASSO vs. GORDON JAMES GRILL; PUBLIC SERVICE MUTUAL INSURANCE COMPANY, TRUCK INSURANCE EXCHANGE

Leave a Comment / California, Santa Ana / By Ashish

This case involves a dispute between Lisa Grasso, the applicant, and Gordon James Grill, Public Service Mutual Insurance Company, and Truck Insurance Exchange, the defendants. The Workers’ Compensation Appeals Board dismissed the applicant’s petition for reconsideration and the Public Service Mutual Insurance Company’s petition for reconsideration, and granted the Truck Insurance Exchange’s petition for reconsideration and decision after reconsideration. The WCJ found that the applicant sustained a cumulative industrial injury to her psyche while employed as a waitress during the period from December 19, 2003 through July 25, 2005. The WCJ also found that Truck was the employer’s workers’ compensation carrier from December 29, 2003 through December 29, 2004 and Public Service was the workers’ compensation insurance carrier from December 30, 2004

ANITA ELLIS vs. ATC/VANCOM; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For CALCOMP, In Liquidation

Leave a Comment / California, Van Nuys / By Ashish

This case involves a worker’s compensation claim by Anita Ellis against ATC/Vancom and the California Insurance Guarantee Association for Calcomp, in Liquidation. The worker’s compensation administrative law judge found that Ellis sustained admitted industrial injury to her bilateral hands, gastrointestinal system, and in the form of hypertension, and non-stipulated industrial injury to her psyche, causing temporary disability, permanent disability of 87%, and the need for further medical treatment. The WCJ also found that Ellis’s average weekly earnings were $639 per week from her employment with ATC/Vancom in addition to $144 per week for her concurrent self-employment as a manicurist. The defendant sought reconsideration of the WCJ’s decision, arguing that Ellis

MATTY CAMPOS vs. UNIVERSITY OF SOUTHERN CALIFORNIA; Permissibly Self-Insured And Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

Leave a Comment / California, Marina del Rey / By Ashish

In this case, the Workers’ Compensation Appeals Board granted reconsideration to Matty Campos, the applicant, in order to allow sufficient opportunity to further study the factual and legal issues in the case. The Board ordered that all further correspondence, objections, motions, requests and communications should be filed with the Office of the Commissioners of the Workers’ Compensation Appeals Board.

April 2012