March 2013

Alfonso Salmeron-cruz vs. Grimmway Enterprises, Permissibly Self-insured

Grimmway Enterprises, Permissibly Self-Insured Alfonso Salmeron-Cruz WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALFONSO SALMERON-CRUZ, Applicant,vs.GRIMMWAY ENTERPRISES, PermissiblySelf-Insured, Defendants.Case No. ADJ3319396 (BAK 0149984)ORDER DENYING RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the …

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Linda Reitz vs. City Of Santa Monica

This case involves a lien claimant, Med-Legal LLC, who seeks reconsideration of an Order issued by a workers’ compensation administrative law judge (WCJ) that dismissed/disallowed their lien. The WCJ noted that a Notice of Intention to Dismiss/Disallow Liens was issued on November 19, 2012 because lien claimant failed to appear at the lien conference set for 1:30 p.m. on November 19, 2012. The Appeals Board granted the Petition for Reconsideration and rescinded the Order of Dismissal, returning the matter to the trial level for further proceedings.

Debra Owens vs. Ac Transit, Permissibly Self-insured

(OAK 0278844, OAK 0278842, OAK 0282706) is a case in which Debra Owens, an applicant, was found to have sustained an admitted industrial injury to her cervical spine and psyche while employed as a bus driver during the cumulative period through March 29, 2002. The Workers’ Compensation Appeals Board denied the defendant’s Petition for Reconsideration of the January 8, 2013 Findings and Award, finding that the applicant was 100% permanently disabled with no apportionment and in need of further medical treatment. The Board found that the defendant had been diligent in seeking discovery, but that the discovery was properly denied.

Javier Lucatero vs. Adecco Usa, Inc., State Of Pennsylvania Insurance Company

In this case, the Workers’ Compensation Appeals Board granted reconsideration to applicant Javier Lucatero with regard to a decision filed on January 4, 2013. The Board granted 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 in San Francisco.

Ron Jensen vs. Stevens Creek Toyota; Auto Dealers Compensation Of California (adcomp), Administered By Corvel Corporation

is a case in which the defendant, Stevens Creek Toyota, sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) determination that the Statute of Limitations was tolled by the defendant’s failure to provide the applicant, Ron Jensen, with proper notice of his right to workers’ compensation benefits. The WCJ found that the defendant had intentionally misstated to the applicant that he had no permanent disability as a result of his industrial injury, and that the applicant’s failure to timely file an Application for Adjudication of Claim was based upon the defendant’s misstatements. The Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration, affirming the WCJ’s Findings and Order.

Cirilo Garcia vs. Core Mark International; Liberty Mutual

is a case involving Cirilo Garcia and Core Mark International and Liberty Mutual. Garcia filed two claims for industrial injuries; a specific injury of May 27, 2011, (ADJ8080370) claiming injuries to his right wrist, arms and low back and a continuous trauma injury (ADJ80803 56) from January 2011 to September 30, 2011, claiming injuries to his psyche and sleep. Both claims were denied AOE/COE. The Petition for Reconsideration was denied as the WCJ did not find the Applicant a credible witness and he failed to meet his burden of proof either through credible testimonial evidence or medical evidence that he sustained either a specific or continuous trauma injury during his employment.

William Burdine vs. Cemex, Inc.; Gallagher Bassett Services, Inc.

Cemex, Inc.; Gallagher Bassett Services, Inc. William Burdine WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILLIAM BURDINE, Applicant,vs.CEMEX, INC.; GALLAGHER BASSETTSERVICES, INC., Defendants.Case No. ADJ3574604 (POM 0262920) (Riverside District Office)ORDER DENYING RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect …

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Pedro Juan Baca vs. Bison Engineering; Oak River Insurance

is a case involving Pedro Juan Baca and Bison Engineering and Oak River Insurance. The Workers’ Compensation Appeals Board denied the Petitions for Reconsideration filed by the lien claimants, California Imaging, Dr. Brent Pratley, and Dr. Suchandra Turner, due to the fact that they were untimely and failed to set forth good cause not to make the decisions. The lien claimants were ordered to reimburse Oak River Insurance for the attorneys’ fees it incurred by having to litigate through a lien trial the liens which the petitioners filed in the wrong case.

Jitka Van Dyne vs. United Airlines, Gallagher Bassett Services, Inc.

is a case in which Jitka Van Dyne, the applicant, petitioned for removal from the Workers’ Compensation Appeals Board. The petition was denied as the Board found that the applicant had not met the stringent standards for removal and that they had waived any objections to setting the case for trial by failing to timely object to the Declaration of Readiness. The Board also found that the applicant had an adequate remedy at law for evidence discovered after the Mandatory Settlement Conference.

Luis Morales vs. R&d Farms, Llc; And Amtrust Underwriters, Inc. Administered By American All Risk Loss

In this case, Luis Morales filed a claim for an industrial injury while employed as a farm laborer by R&D Farms. Eagle Eye Imaging Center filed a lien for medical treatment expenses of $1,581.61. The Workers’ Compensation Appeals Board granted reconsideration and rescinded the WCJ’s order to dismiss the lien with prejudice due to the lien claimant not paying the lien activation fee. The matter was returned to the trial level for further proceedings on the lien.