January, 2013 - CompFox

Raveena Waters vs. Hometown Buffet; Ace American Insurance Company

Leave a Comment / California, Sacramento / By Ashish

This case involves Raveena Waters, an employee of HomeTown Buffet, who sustained an industrial injury to her right wrist and elbow and to her left wrist. Waters also had concurrent employment with In Home Social Services (IHSS). The Workers’ Compensation Appeals Board granted reconsideration of the Amended Findings and Orders issued by a workers’ compensation administrative law judge (WCJ) on November 6, 2012, wherein the WCJ found that Waters’ average weekly earnings (AWE) are based on her actual earnings and hours of employment for one year preceding the date of injury. The Board rescinded the November 6, 2012 Amended Findings and Orders and returned the matter to the trial level for further proceedings and a new decision by the

John Shek vs. Children’s Hospital And Research Center Of Oakland; Zurich American Insurance, Administered By ESIS

Leave a Comment / California, San Francisco / By Ashish

In this case, John Shek, the applicant, petitioned for reconsideration and removal of a workers’ compensation case against Children’s Hospital and Research Center of Oakland and Zurich American Insurance, administered by ESIS. The Workers’ Compensation Appeals Board denied the petition for reconsideration and removal, and admonished the applicant for attaching excess documents to his petition and failing to request permission for his response to the defendant’s answer.

Carmen Sanchez vs. Crown City Plating; Liberty Mutual Insurance Company & HIH Insurance By California Insurance Guarantee Association Though Its Servicing Facility Intercare Insurance Services

Leave a Comment / California, Los Angeles / By Ashish

In this case, Carmen Sanchez was seeking workers’ compensation benefits for injuries sustained during the period of January 1992 through December 4, 1995 to her spine, psyche, heart, right leg, right foot, right ankle, right shoulder and left knee. The Workers’ Compensation Appeals Board granted the petitions for reconsideration and rescinded the WCJ’s decision, returning the matter to the trial level for further proceedings and a new decision. The Board found that the WCJ erred in finding that the specific injuries were subsumed in the cumulative trauma, as this was barred by the doctrine of res judicata. The Board also found that the WCJ should award benefits against either the California Insurance Guarantee Association or Wausau Underwriters Insurance Company

Heidi Riddle Leon vs. Eleventh Hour Personnel; California Insurance Guarantee Association For Superior National, In Liquidation; Steelcase Inc.; Wausau Insurance

Leave a Comment / Anaheim, California / By Ashish

(AHM 0082411)

In this case, Heidi Riddle Leon was employed as a panel assembler on March 13, 1998 and sustained an industrial injury to her left wrist. Eleventh Hour Personnel, the alleged general employer, was insured for workers’ compensation coverage by Superior National Insurance. Subsequently, Superior National went into liquidation and the California Insurance Guarantee Association (CIGA) became responsible for its California claims, subject to statutory limitations. Wausau Insurance, the carrier for applicant’s alleged special employer Steelcase, was joined as a defendant. CIGA filed a Petition for Reimbursement, seeking reimbursement from Wausau for benefits that CIGA had provided to the applicant. The Workers’

Toni Parker vs. Warner Brothers Studios, Permissibly Self-insured; Insurance Company Of The State Of Pennsylvania

Leave a Comment / California, Van Nuys / By Ashish

In this case, Warner Brothers Studios, self-insured, sought reconsideration of two Findings and Awards issued by the workers’ compensation administrative law judge (WCJ). The WCJ found that the applicant, Toni Parker, sustained industrial injury to her bilateral upper extremities while employed by Warner Brothers Studios, causing 24% permanent disability and need for further medical treatment in one case and 19% permanent disability and need for further medical treatment in the other. The WCJ failed to serve Warner Brothers or its attorney of record with the WCJ’s rating instructions or with the Disability Evaluation Unit’s recommended rating prior to the issuance of the Findings and Awards, violating Warner Brothers’ right to due process. The Appeals Board granted Warner Brothers’ Petition for Rec

Frances Madison vs. Lynwood Unified School District, Permissibly Self-insured, Administered By Corvel Corporation

Leave a Comment / California, Los Angeles / By Ashish

In this case, the Lynwood Unified School District, permissibly self-insured and administered by Corvel Corporation, was found to have caused an injury to Frances Madison’s back and knees that caused 39% permanent disability. Madison sought reconsideration of the decision, arguing that the WCJ erred in failing to find industrial injury to her wrists and in finding that she was less than 100% permanently disabled. The WCAB granted reconsideration, rescinded the Findings and Awards, and returned the matter to the trial level for further proceedings and a new decision.

Raymond Gastinell vs. Empire Pacific Windows Corporation; Liberty Mutual Insurance Company

Leave a Comment / California, Sacramento / By Ashish

In this case, Raymond Gastinell, an employee of Empire Pacific Windows Corporation, filed a claim for workers’ compensation after sustaining industrial injury to his upper extremities, psyche, and neck. The parties settled the claim, and a lien trial was scheduled for November 21, 2012. On that date, lien claimant Trinity Health and Wellness Center, Inc. failed to appear, and the WCJ dismissed the lien claim. Trinity Health and Wellness Center then filed an Objection to the Order to Dismiss Lien, arguing that they had attempted to negotiate a settlement with the defendant but had not received a response. The WCAB granted reconsideration, rescinded the WCJ’s decision to dismiss the lien claim,

James Findlay vs. San Diego Unified School District, Permissibly Self-Insured; York Risk Services Group

Leave a Comment / California, San Diego / By Ashish

In this case, the Workers’ Compensation Appeals Board granted reconsideration of the decision of November 7, 2012, and affirmed the decision, except that it was amended to state that the lien claimant is entitled to interest, but not penalties, on any amounts that remained unpaid after the initial payment of $779.88 pursuant to Labor Code section 4603.2, in an amount to be adjusted between the parties, jurisdiction reserved. Interest pursuant to Labor Code section 4603.2 was also to be adjusted between the parties, jurisdiction reserved.

Jesus Brenes vs. Wesley Group West; Vigilante Insurance Company

Leave a Comment / California, Riverside / By Ashish

In this case, Jesus Brenes filed a Petition for Reconsideration against Wesley Group West and Vigilante Insurance Company. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration and admonished the defendant for violating WCAB Rule 10842 by attaching numerous documents that were already part of the record.

Maria Villegas vs. Burke Williams, Inc.; Travelers Sacramento

Leave a Comment / California, Los Angeles / By Ashish

This case is about Maria Villegas, who is seeking workers’ compensation from Burke Williams, Inc. and Travelers Sacramento. The Workers’ Compensation Appeals Board removed the case to itself and issued a Notice of Intention to Issue Sanctions against lien claimant, Safety Works Medical, Inc., and its representative, David Schafer, for filing an untimely, unsigned, unverified, and unserved Petition for Reconsideration containing willful misrepresentations of the record. The Board rescinded the Notice of Intention to Issue Sanctions and returned the matter to the trial level for further proceedings in light of a hearing before WCJ Kosta at the Van Nuys District Office to consolidate all of the cases in which Safety Works, Inc.

January 2013