May, 2012 - CompFox

ZUFAN A. REDA vs. FRY’S ELECTRONICS, INC. And ZURICH NORTH AMERICAN INSURANCE

Leave a Comment / California, San Jose / By Ashish

This case involves Fry’s Electronics, Inc. and Zurich North American Insurance. Applicant Zufan A. Reda sustained an industrial injury to her neck, right upper extremity, and psyche on February 26, 2002 while employed as a cashier. On November 4, 2008, the workers’ compensation administrative law judge issued a Findings and Award, finding that the applicant had sustained a compensable psychiatric injury. The defendants filed a Petition for Reconsideration, which was denied. The Court of Appeal also denied the Petition for Writ of Review. On December 15, 2011, the WCJ issued a Findings and Award, finding that the applicant was permanently totally disabled. The defendants filed a timely, verified Petition for Reconsideration, cont

SHARON EWEGBEMI vs. OAKLAND UNIFIED SCHOOL DISTRICT, Administered By JT2 INTEGRATED SERVICES

Leave a Comment / California, Oakland / By Ashish

OAKLAND UNIFIED SCHOOL DISTRICT, Administered By JT2 INTEGRATED SERVICES SHARON EWEGBEMI WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHARON EWEGBEMI, Applicant,vs.OAKLAND UNIFIED SCHOOL DISTRICT, Administered By JT2 INTEGRATEDSERVICES, Defendant.Case No. ADJ7269472(Oakland District Office)OPINION AND DECISION AFTER RECONSIDERATION On March 20, 2012, the Appeals Board granted reconsideration to obtain the Minutes of Hearing (MOH) and Summary of Evidence (SOE) …

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DIMITRY KOVALENKO vs. MAJOR LEAGUE SOCCER Dba LOS ANGELES GALAXY, GREAT DIVIDE INSURANCE

Leave a Comment / Anaheim, California / By Ashish

This case involves a dispute between Major League Soccer dba Los Angeles Galaxy, Great Divide Insurance, and Dimitry Kovalenko over a workers’ compensation claim for a cumulative trauma injury sustained by Kovalenko while employed as a professional athlete. The Workers’ Compensation Appeals Board granted reconsideration to further study the legal and factual issues raised by the petition for reconsideration. After review, the Board rescinded the Findings and Award and Order, and returned the matter to the trial level to permit the parties to obtain a Panel Qualified Medical Evaluation. The Board found that the delay in the selection process was due to applicant’s attorney’s failure to properly identify the selected PQME, and that defendant could reasonably rely upon representations made by a hearing representative

HILDA RUIZ-GUZMAN vs. EL POLLO LOCO; SPECIALTY RISK SERVICES

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

This case involves Hilda Ruiz-Guzman, who was injured while working for El Pollo Loco. The Workers’ Compensation Appeals Board granted the parties’ Petitions for Reconsideration of the February 2, 2012 Findings of Fact and Order issued by the workers’ compensation administrative law judge. The WCJ found that applicant sustained industrial injury to her liver, kidneys, psyche, internals, fibromyalgia, lupus, jaw, neck, low back, both hands, both upper extremities, both lower extremities, head, headaches, lungs, feet, ankles, teeth, mouth, mid back, both arms, both shoulders, and sleep disorder. The WCJ further found that the injury herein caused 100% permanent

MARCELO RUEDA vs. ALL LABOR TIRES; STATE COMPENSATION INSURANCE FUND

Leave a Comment / California, Van Nuys / By Ashish

and ADJ965274 (VNO 0550466) is a case in which the State Compensation Insurance Fund, on behalf of its insured, All Labor Tires, filed a petition seeking reconsideration of two Findings and Awards. The Workers’ Compensation Appeals Board found that the defendant had cited to evidence not in the record and argued based upon it, which is a violation of WCAB Rule 10842 and subject to a sanction under Labor Code section 5813. The Board issued a Notice of Intention to impose a $500 sanction jointly and severally against defendant’s attorney and State Compensation Insurance Fund.

HIRITI OKUAMICHAEL vs. PAUL OWENS SHOES INC., STATE FARM FIRE AND CASUALTY COMPANY; STATE COMPENSATION INSURANCE FUND

Leave a Comment / California, Los Angeles / By Ashish

PAUL OWENS SHOES INC., STATE FARM FIRE AND CASUALTY COMPANY; STATE COMPENSATION INSURANCE FUND HIRITI OKUAMICHAEL WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHIRITI OKUAMICHAEL, Applicant,vs.PAUL OWENS SHOES INC., STATE FARM FIRE AND CASUALTY COMPANY; STATECOMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ1054155 (LAO 0854446)ADJ1247741 (LAO 0854447)ADJ1895803 (LAO 0854448)OPINION AND DECISION AFTER RECONSIDERATION Applicant Hiriti Okuamichael (applicant) sought reconsideration of …

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WADE GAVIN vs. CALIFORNIA MEN’S COLONY, STATE COMPENSATION INSURANCE FUND

Leave a Comment / California, San Luis Obispo / By Ashish

and ADJ7596521 is a case involving Wade Gavin, an applicant, and California Men’s Colony and State Compensation Insurance Fund, defendants. Gavin claimed to have sustained injury arising out of and in the course of employment to his left knee on August 28, 2004, and to both knees on January 19, 2010. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, finding that the case was barred by the post termination statute and that Gavin was not credible.

MOHAMMAD TAHVILDAR RAZAVI vs. WHOLE FOODS MARKET, INC.; ACE AMERICAN INSURANCE COMPANY

Leave a Comment / California, San Jose / By Ashish

ADJ7949365In this case, Mohammad Tahvildar Razavi, an employee of Whole Foods Market, Inc., sought reconsideration of an earlier decision by the Workers’ Compensation Appeals Board that denied his petition for reconsideration and granted the defendant’s petition for reconsideration. The Board found that the defendant did not unreasonably delay in paying benefits and attorney’s fees on various occasions, and awarded penalties, interest and attorney’s fees for the unreasonable delays that were found. The Board denied Razavi’s petition for reconsideration and affirmed the amended Findings Of Fact 7, 8, 9, and 10, and the amended Award included in the earlier decision.

MARYLOU SMITH vs. COUNTY OF SACRAMENTO

Leave a Comment / California, Sacramento / By Ashish

In the case of Marylou Smith vs. County of Sacramento, the Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration of the March 5, 2012 Findings of Fact issued by the workers’ compensation administrative law judge (WCJ). The WCJ found that applicant sustained injury to her sinuses arising out of and occurring in the course of employment (AOE/COE) during the period from July 15, 2003 through July 15, 2005. The defendant argued that the WCJ should have relied on the opinion of agreed medical examiner (AME) Revels Cayton, M.D., to find that applicant did not sustain industrial injury to her sinuses. The Board found that good cause existed to find Dr. Cayton

ANTENOR SERRANO vs. REMEDY INTELLIGENT STAFFING; CUSTOM BUILDING PRODUCTS; CHARTIS; BROADSPIRE

Leave a Comment / California, Pomona / By Ashish

This case involves Antenor Serrano, who was employed as a janitor at Bell, California, by Custom Building Products and Remedy Intelligent Staffing. Serrano sustained an injury to his back and left knee while employed. The Workers’ Compensation Appeals Board granted reconsideration of the decision of March 20, 2012, amended the first finding of said decision, and affirmed the decision after reconsideration. The matter was returned to the trial level for further proceedings by the WCJ, consistent with the opinion.

May 2012