September, 2012

ALEJANDRO VIDAL PEREZ vs. BARRETT BUSINESS SERVICES INC.; Permissibly Self-Insured

Leave a Comment / California, San Francisco / By Ashish

In this case, Alejandro Vidal Perez filed a petition for reconsideration against Barrett Business Services Inc., who was permissibly self-insured. The Workers’ Compensation Appeals Board reviewed the allegations and the contents of the report and recommendation of the workers’ compensation administrative law judge and decided to dismiss the petition. The Board ordered that the petition for reconsideration be dismissed and the decision was dated and filed at San Francisco, California on September 18, 2012. Service was made on the persons listed on the current official address record.

LISA VALDEZ vs. AH CLEARLAKE HOSPITAL, INC. Dba ST. HELENA HOSPITAL CLEARLAKE, Administered By, ADVENTIST HEALTH

Leave a Comment / California, Santa Rosa / By Ashish

This case involves AH Clearlake Hospital, Inc. dba St. Helena Hospital Clearlake, administered by Adventist Health, and Lisa Valdez. The Petition for Reconsideration of the decision issued on August 22, 2012 was withdrawn by the petitioner, and the petition was dismissed. The decision was made by the Workers’ Compensation Appeals Board on September 28, 2012 and service was made on the persons listed below at their addresses.

EDWARD SCHROEDER vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS

Leave a Comment / California, San Francisco / By Ashish

In this case, the State of California Department of Corrections sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings, Award and Orders of July 5, 2012, wherein it was found that while employed as a correctional officer on November 1, 2008, the applicant sustained admitted industrial injury to his heart, including hypertension and cardiovascular system, psyche and in the forms of hypoxia/vascular dementia, erectile dysfunction, headaches, loss of sense of smell, and cognitive disorder, causing permanent total (100%) disability. The WCJ found that the applicant’s disability constituted “an injury to the brain resulting in incurable mental incapacity or insanity” which is “conclusively presumed to be total in character” pursuant to

LEOPOLDO MORALES vs. ALEX YI & SONG, INC., Dba SUPER 1 STORE; UNINSURED EMPLOYERS BENEFITS TRUST FUND

Leave a Comment / California, Long Beach / By Ashish

and ADJ1193246 (LBO0390265), Alex Yi & Song, Inc., dba Super 1 Store, and Uninsured Employers Benefits Trust Fund, the Workers’ Compensation Appeals Board of California dismissed the Petition for Reconsideration and denied removal. The Petition was not verified, and the order(s) in question were non-final interlocutory orders that did not determine any substantive right of the parties.

MARTIN GARCIA vs. MCKITTRICK RANCH; ZENITH INSURANCE COMPANY

Leave a Comment / Bakersfield, California / By Ashish

This case involves a worker’s compensation claim by Martin Garcia against McKittrick Ranch and Zenith Insurance Company. The worker’s compensation administrative law judge found that Garcia sustained an admitted industrial injury to his left shoulder while employed as a laborer on August 13, 2010. The judge also found that Garcia became permanent and stationary on September 16, 2010 and that the injury caused temporary disability for which Garcia had been adequately compensated and caused 2% permanent disability after apportionment. Garcia sought reconsideration of the judge’s decision, arguing that the judge erred in relying on the opinion of the panel qualified medical examiner. The Workers’ Compensation Appeals Board granted reconsideration, amended the judge’s decision to defer the issue of permanent disability, otherwise affirmed the July 5,

ANTONIO BARBUTO (Dec’d) ADRIANA BARBUTO MIGLIANO (Widow) vs. SIEMERS ENGINEERING COMPANY; STATE COMPENSATION INSURANCE FUND

Leave a Comment / California, Van Nuys / By Ashish

This case involves the widow of Antonio Barbuto, who died as a result of an industrial injury on October 15, 2003. The State Compensation Insurance Fund (SCIF) on behalf of its insured, Siemers Engineering, sought reconsideration of the Findings and Award, issued July 3, 2012, in which a workers’ compensation administrative law judge (WCJ) found decedent had the earning capacity as a backhoe operator of $30.51 per hour, for purposes of calculating applicant’s death benefits. The WCJ found Mr. Barbuto “was promoted in the field from laborer to backhoe operator on October 15, 2003.” SCIF contested the WCJ’s determination of the decedent’s earning capacity, cont

JEANETTE ZINKE vs. MENTOR CORPORATION; EMPLOYERS COMPENSATION

Leave a Comment / California, San Francisco / By Ashish

ADJ2471155 (GOL0101822) ADJ3556721 (GOL0101823) is a case in which Jeanette Zinke, the applicant, is appealing the decision of the Workers’ Compensation Appeals Board to deny her petition for reconsideration. Zinke is claiming that the defendant, Mentor Corporation; Employers Compensation, consumed the entire 104 weeks of temporary disability without providing the necessary treatment for her left knee. The Board denied the petition for reconsideration due to the lack of evidence to support the elements necessary to establish a showing of tolling or estoppel, as well as the fact that the issue of penalties was bifurcated and deferred. The Board also noted that the applicant did not meet

LEVELL SMITH vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

Leave a Comment / California, Los Angeles / By Ashish

In this case, Levell Smith, a former teacher, sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) decision that he had sustained industrial injury to his left wrist, neck, right wrist, and both shoulders, in the form of deep vein thrombosis, hypertensive cardiovascular disease, sleep disorder, and psyche, causing 52% permanent disability and a need for further medical treatment. The Workers’ Compensation Appeals Board granted reconsideration and rescinded the WCJ’s decision, returning the matter to the trial level WCJ for further proceedings and a new decision.

KAY RODRIGUEZ vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured, Administered By STATE COMPENSATION INSURANCE FUND

Leave a Comment / California, Long Beach / By Ashish

and ADJ1516565 (LBO0860347). Kay Rodriguez, an applicant, filed a petition for reconsideration against the State of California, Department of Social Services, Legally Uninsured, Administered By STATE COMPENSATION INSURANCE FUND. The Workers’ Compensation Appeals Board denied the petition for reconsideration, finding that the Agreed Medical Evaluator failed to provide the requisite reasoning to support the alternative rating. The Board noted that the Almaraz-Guzman cases allow a physician to “utilize any chapter, table, or method in the AMA Guides that most accurately reflects the injured employee’s impairment,” but that the physician must set forth reasoning for not using the generic or strict rating, and for using the alternative

SUSAN T. MILLER vs. CHILI’S GRILL AND BAR; BRINKER INTERNATIONAL; LIBERTY MUTUAL INSURANCE COMPANY

Leave a Comment / California, Los Angeles / By Ashish

This case involves Susan T. Miller, who was temporarily totally disabled from June 28, 2011 to February 7, 2012. The Workers’ Compensation Appeals Board granted reconsideration of the decision of July 16, 2012, and amended the decision to state that Miller was entitled to indemnity at the rate of $705.53 per week, less credit for time worked, less credit for any benefits paid by the Employment Development Department, and less credit for any amounts paid by the employer or carrier. The decision was affirmed and the order was filed on September 27, 2012.

September 2012