April, 2013 - CompFox

Jose Fuentes vs. Cedarlane Natural; Liberty Mutual

Leave a Comment / Anaheim, California / By Ashish

is a case in which Jose Fuentes was the applicant and Cedarlane Natural and Liberty Mutual were the defendants. The Petition for Reconsideration was filed by a lien claimant, Aim Radiology, who had not provided proof of timely payment of the lien activation fee. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, citing Figueroa v. B.C. Doering Co. (2013) Cal. Wrk. Comp. LEXIS 64 [78 Cal.Comp.Cases _] (Appeals Board En Bane). The court noted that the lien claimant had not provided proof of timely payment and had not shown the court the receipt until two hours after the lien conference had

Broderick Crawford vs. Ac Transit And Gates Mcdonald

Leave a Comment / California, Oakland / By Ashish

(OAK 0279435) is a case in which the Workers’ Compensation Appeals Board denied a petition for reconsideration filed by AC Transit and Gates McDonald against Broderick Crawford, the applicant. Crawford had been injured while employed as a bus driver and was seeking continuing temporary disability benefits from June 23, 2012. The Board found that the relevant and considered opinion of one physician, Dr. Blackwell, constituted substantial evidence and denied the petition for reconsideration.

Jacinto Cornejo vs. Fowler Packing Co., Star Insurance Co. Administered By Meadowbrook Insurance Group

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

is a case in which Jacinto Cornejo, the applicant, claimed to have sustained an injury in the form of dehydration while working for Fowler Packing Co. and Star Insurance Co. administered by Meadowbrook Insurance Group. The Workers’ Compensation Appeals Board denied the defendants’ petition for removal and petition for reconsideration, finding that the applicant’s testimony was credible and that the defendants had a duty to investigate the applicant’s claimed injury.

Sean Chavez vs. Puente Hills Pontiac Buick Gmc; Majestic Insurance Company; Technology Insurance Company C/o Amtrust North America Insurance Company

Leave a Comment / California, San Bernardino / By Ashish

is a case in which Sean Chavez, the applicant, is suing Puente Hills Pontiac Buick GMC, Majestic Insurance Company, and Technology Insurance Company c/o Amtrust North America Insurance Company, the defendants. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration filed by Premier Psychiatric, a lien claimant, due to their failure to pay the activation fee prior to the lien conference. The WCJ’s decision was consistent with Figueroa v. B.C. Doering Co. (2013).

Edward Carignan vs. Phoenix Casino & Lounge, Inc.; Praetorian Insurance Company, Administered By All Risk Loss Administrators

Leave a Comment / California, Sacramento / By Ashish

In this case, Edward Carignan filed a Petition for Reconsideration against Phoenix Casino & Lounge, Inc. and Praetorian Insurance Company, administered by All Risk Loss Administrators. The Workers’ Compensation Appeals Board dismissed the petition as not timely filed and also stated that even if it had not been dismissed, it would have been dismissed for lack of a final order and denied for failure to show significant prejudice or irreparable harm.

Edward Camacho vs. Chef’s Fancy And Sentinel Insurance Company, A Subsidiary Of The Hartford

Leave a Comment / California, Salinas / By Ashish

This case involves Edward Camacho, who was employed as a dishwasher in Marina California by Chef’s Fancy. He sustained an injury to his right knee and right shoulder arising out of and in the course of his employment. The Workers’ Compensation Appeals Board granted reconsideration of the decision of February 21, 2013, as amended March 4, 2013, and affirmed the decision, except that it was amended to defer and order off calendar the issue of injury arising out of and in the course of his employment to his left knee and left shoulder.

Eugene Bogarin vs. City Of Stockton, Permissibly Self-insured

Leave a Comment / California, Stockton / By Ashish

(STK 0211277)In this case, the City of Stockton sought reconsideration of a February 13, 2013 Order issued by the workers’ compensation administrative law judge (WCJ) denying its request for costs and sanctions. The Appeals Board granted reconsideration, rescinded the WCJ’s decision, and returned the matter to the trial level for further proceedings and a new decision by the WCJ. The Appeals Board also counseled the defense attorney regarding the proper form of verification for a Petition for Reconsideration.

Sharon Barnes vs. John Mcneil. D.d.s; State Compensation Insurance Fund

Leave a Comment / California, Oxnard / By Ashish

John McNeil, D.D.S. was sued by Sharon Barnes for workers’ compensation benefits. The Workers’ Compensation Appeals Board granted reconsideration and affirmed the Findings, Award and Orders served on February 20, 2013, except that they found that the second period of temporary disability commenced on February 11, 2011. They also found that applicant’s attorney was entitled to 15% of the temporary disability indemnity awarded from December 4, 1990 through June 20, 1996 and from February 11, 2011 through January 2, 2013.

Ramona Anaya vs. Port Hueneme Unified School District, Permissibly Self-insured; Administered By Southern California Risk Management Associates

Leave a Comment / California, Oxnard / By Ashish

This case is about the Port Hueneme Unified School District, which is permissibly self-insured and administered by Southern California Risk Management Associates. Ramona Anaya, the applicant, and Westlake Spine & Outpatient Surgery Center and Westlake Surgical Medical Associates, the lien claimants, petitioned for reconsideration of an order imposing sanctions of $10,500.00 jointly and severally against the lien claimants and Anaya payable to the defendant’s attorney on behalf of the defendant. The Appeals Board granted the petition for reconsideration and rescinded the order, ordered Anaya to pay reasonable expenses, including attorney’s fees and costs, to the defendant pursuant to the Second Bill of Particulars, and returned the matter to

Maximiliano Palacios/israel Ramirez/renato Herrera vs. Paragon Building Products; State Compensation Insurance Fund/unitek Usa, Inc.; Hartford Insurance Company/e&e Drywall, Inc.; State Compensation Insurance Fund

Leave a Comment / California, Pomona / By Ashish

This case involves three separate workers’ compensation appeals in which the Workers’ Compensation Appeals Board denied the petitions for reconsideration of the sanctions orders imposed by the Workers’ Compensation Judge against Girgis & Associates for filing a Declaration of Readiness to Proceed that triggered a lien hearing without providing any reason for the withdrawal of the Declaration of Readiness. The Board found that Girgis’s petitions lacked substance and were devoid of merit in addressing the reasons why the WCJ imposed sanctions.

April 2013