December, 2012 - CompFox

GIOVANNI MENDOZA vs. COBY ELECTRONICS CORP.; CHUBB INSURANCE

Leave a Comment / California, Los Angeles / By Ashish

; ADJ6597177In this case, the Workers’ Compensation Appeals Board denied the petition for reconsideration from lien claimant, Nachman Brautbar, M.D., who sought reconsideration of the Joint Findings and Orders issued October 18, 2012. The WCJ found that the applicant did not sustain an industrial injury and that there was no reliable evidence as to the reasonableness or necessity of services rendered by Nachman Brautbar, M.D. The Appeals Board found that lien claimant’s reliance upon the Keifer case was incorrect and that lien claimant had failed to follow the law regarding the burden of proof and the rules and regulations concerning the presentation of evidence at trial. The petition for reconsideration was

PATRICK DESPRES vs. PACIFIC TITAN, INC.; SEABRIGHT INSURANCE COMPANY

Leave a Comment / Anaheim, California / By Ashish

In this case, Patrick Despres, an employee of Pacific Titan, Inc., sustained an industrial injury to his left knee on September 23, 2011. The parties stipulated that his average weekly earnings were $577.50, warranting an indemnity rate of $385.00 per week for temporary total disability. The Workers’ Compensation Appeals Board granted reconsideration of the October 16, 2012 Findings & Award, and amended the Award to find that Despres was not entitled to temporary total disability indemnity from May 12, 2012 to September 19, 2012, and that there was no award from which to award attorney’s fees. The Board found that Despres had unreasonably refused offers to return to work, and that the purpose of

JUAN CASTILLO vs. RUDY AND FLORITA PEREZ; UNITED STATES FIDELITY & GUARANTY COMPANY

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

and ADJ2086472 (VNO0531236) were two workers’ compensation cases in which Juan Castillo, the applicant, claimed to have sustained industrial injury to his low back, neck, bilateral upper extremities, head and psyche while employed as an apartment manager on May 6, 2006 and during a cumulative period from July 28, 2005 to present. The Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration of the administrative law judge’s findings of fact of October 11, 2012, which found that the applicant was an employee of the defendant on May 6, 2006. The Board found the applicant’s testimony more credible than the defendant’s and adopted the WCJ’s report.

MARIA AVILA vs. RESIDENCE INN/MARRIOTT HOT SPRINGS

Leave a Comment / California, Long Beach / By Ashish

In this case, Maria Avila, a cook, alleged that she sustained an industrial injury to her low back and lower extremities while employed at the Residence Inn/Marriott Hot Springs. The Workers’ Compensation Administrative Law Judge issued an order on October 10, 2012, requiring the defendant to provide all claims records pertaining to the applicant. The defendant sought reconsideration of the order, arguing that the records requests were overbroad, vague, protected by attorney-client work product privileges, duplicate, and burdensome. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration because the October 10, 2012 Order was not a final order. The Board also granted removal on Appeals Board motion, rescinded the October 10, 2012

LUIS VASQUEZ vs. EMPIRE PERSONNEL; CLAIMQUEST, INC.

Leave a Comment / California, Pomona / By Ashish

This case involves a dispute between lien claimant Med-Legal, Inc. and defendants Empire Personnel and ClaimQuest, Inc. regarding a workers’ compensation claim filed by Luis Vasquez. The workers’ compensation administrative law judge (WCJ) ordered lien claimant to pay sanctions of $750.00 for filing multiple Declarations of Readiness to Proceed in four separate cases, declaring under penalty of perjury that lien claimant was ready to proceed to hearing on the matters, and thereafter requesting that the cases be taken off calendar without providing explanation for the withdrawal. The WCJ found that this conduct constituted false representation under penalty of perjury and resulted in considerable expenditure of judicial resources, and was therefore sanctionable. The Petition for Reconsideration was

BARBARA ANN SHANN vs. CEDARS SINAI; TRISTAR RISK MANAGEMENT

Leave a Comment / California, San Francisco / By Ashish

is a case in which Barbara Ann Shann, an applicant, is appealing a decision made by the Workers’ Compensation Appeals Board. The decision denied her petition for reconsideration of a finding and award and order from October 10, 2012, which found that she had sustained an injury to both hands resulting in chronic regional pain syndrome affecting her right shoulder girdle and the right side of her neck, resulting in 54% permanent partial disability. The case was heard by the WCJ Gilbert Katen, who recommended that the petition for reconsideration be denied.

JOSEPHINE PARKER vs. HENRY MAYO NEWHALL MEMORIAL HOSPITAL; THE HARTFORD

Leave a Comment / California, Oxnard / By Ashish

In this case, Josephine Parker filed a workers’ compensation claim against Henry Mayo Newhall Memorial Hospital and The Hartford. The parties filed Stipulations with Request for Award, and the Workers’ Compensation Appeals Board granted reconsideration, rescinded the decision from which reconsideration was sought, and returned the matter to the trial level. The Board ordered that the decision from November 7, 2012 be rescinded and the matter returned to the trial level for further proceedings and decision by the WCJ.

JUAN MANUEL MENDIETA vs. HIGH END KNITWEAR INC.; ILLINOIS MIDWEST

Leave a Comment / California, Los Angeles / By Ashish

; ADJ6798362ADJ6798429This case involves a petition for reconsideration by lien claimant, Psychological Assessment Services, of the Joint Order Dismissing Lien issued October 16, 2012. The petition was unverified and was dismissed by the Workers’ Compensation Appeals Board. The Board also noted that even if the petition had been verified, it would have been denied on the merits for the reasons set forth in the WCJ’s Joint Report and Recommendation on Petition for Reconsideration.

ALICIA ESTRADA vs. FOOTHILL PACKING, INC.; LIBERTY MUTUAL

Leave a Comment / California, Fresno / By Ashish

is a case in which defendant Foothill Packing, Inc. and Liberty Mutual sought reconsideration and removal of an October 8, 2012 Order issued by the workers’ compensation administrative law judge (WCJ). The WCJ had ordered that the applicant, Alicia Estrada, be examined by a Spanish speaking neuropsychologist as a panel qualified medical examiner (QME) absent an agreed medical examiner (AME) agreement. The defendant argued that the law does not impose the duty to provide a language specific panel QME, but rather that the defendant provide a qualified interpreter to assist during an examination. The WCJ issued a Report and Recommendation on Petition for Reconsideration and/or Removal (Report) recommending that the defendant’s petition be

BRUCE BATES vs. VALLEY VINTNERS WINE COMPANY, Permissibly Self-Insured

Leave a Comment / California, Stockton / By Ashish

This case involves a petition for reconsideration filed by defendant Valley Vintners Wine Company, Permissibly Self-Insured, with regard to a decision filed on October 8, 2012. The Workers’ Compensation Appeals Board granted the petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in the case and to issue a just and reasoned decision. All further correspondence, objections, motions, requests and communications must be filed in writing with the Office of the Commissioners of the Workers’ Compensation Appeals Board.

December 2012