May 2013

Claudia Montoya vs. Age Advantage Hcs; Berkshire Hathaway Homestate Companies

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This case involves Claudia Montoya, an employee who sustained an injury to her neck and back while working on January 6, 2010. Montoya filed an Application for Adjudication of Claim on September 12, 2011. On January 12, 2012, an Order Approving Compromise and Release issued resolving applicant’s claim. Subsequently, on July 23, 2012, lien claimant, Firstline Health Inc. filed its lien, and a lien conference was conducted on March 12, 2013, which Firstline failed to attend. The Electronic Adjudication Management System established that Firstline had not paid the lien- activation fee required by Labor Code § 4903.06. As

Gonzalo Rodriguez vs. Potential Industries; Chartis Costa Mesa; Applied Risk Omaha

Potential Industries; Chartis Costa Mesa; Applied Risk Omaha Gonzalo Rodriguez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGONZALO RODRIGUEZ, Applicant,vs.POTENTIAL INDUSTRIES; CHARTIS COSTAMESA; APPLIED RISK OMAHA, Defendants.Case Nos. ADJ1383173 (LBO 0379210)ADJ1689839 (LBO 0379211)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 …

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Tshea Partner vs. Southern California Edison, Permissibly Self-insured

is a case in which the Workers’ Compensation Appeals Board denied a Petition for Reconsideration filed by Pinnacle Lien Services on behalf of Access Mediquip. The petition was in regards to the Opinion on Decision and Findings of Fact dated March 6, 2013, which concluded that the implantable devices were included in the charges from the surgery center and thus Access Mediquip would take nothing for their lien. The Board found that the evidence offered by the lien claimant did not support their position and that the CPT codes billed and paid by the defendant included the implantable devices. The Petition for Reconsideration was denied.

Irene Mclean vs. Bristol Farms, Inc.; Springfield Insurance Company

This case involves a Petition for Reconsideration filed by Irene Mclean against Bristol Farms, Inc. and Springfield Insurance Company. The Petition for Reconsideration was dismissed as untimely, as it was not filed within 25 days of the decision, and was not served on all adverse parties as required by law. Even if the petition had been timely filed and properly served, it would have been denied on the merits.

Enrique De La Torre vs. Nestle Usa, Inc.; Sedgwick Claims Management Services, Inc.

This case involves a petition for reconsideration filed by Enrique De La Torre against Nestle USA, Inc. and Sedgwick Claims Management Services, Inc. The Workers’ Compensation Appeals Board dismissed the petition as not taken from a final order and returned the matter to the trial level for further proceedings, including dismissal of the subject lien and issuance of a Notice of Intent to impose sanctions on the petitioner.

Rose Walton vs. State Of California; Department Of Corrections And Rehabilitation/ca State

: In this case, the State of California Department of Corrections and Rehabilitation/CA State Prisons/Los Angeles County was found to be legally uninsured and adjusted by the State Compensation Insurance Fund/State Contract Services. The Workers’ Compensation Appeals Board denied reconsideration in ADJ4323884 and granted reconsideration and decision after reconsideration in ADJ3206055, reinstating and affirming the Workers’ Compensation Judge’s June 12, 2012 decision in that case.

Robert Rice vs. Procut, Llc And Zenith Insurance Company

Procut, LLC and Zenith Insurance Company Robert Rice WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT RICE, Applicant,vs.PROCUT, LLC and ZENITH INSURANCE COMPANY, Defendants.Case No. ADJ7558401 (Fresno District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the February 28, 2013 Findings and Award wherein the workers compensation administrative law judge (WCJ) found that …

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Lawrence Reichelt vs. City Of Los Angeles (lapd)

In this case, Lawrence Reichelt filed a petition for reconsideration or alternatively a petition for removal from an interim order of the workers’ compensation administrative law judge (WCJ) issued at a hearing on March 18, 2013, in which applicant was ordered to attend a medical examination with a regular physician selected by the WCJ pursuant to Labor Code section 5701. The Workers’ Compensation Appeals Board denied the petition for reconsideration and dismissed the petition for removal, and issued a Notice of Intention to impose a sanction against applicant in the sum of up to $250.00.

Jack Oday vs. Wickes Lumber Corp.; Travelers Property Casualty Company Of America

Wickes Lumber Corp.; Travelers Property Casualty Company Of America Jack Oday WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJACK ODAY, Applicant,vs.WICKES LUMBER CORP.; TRAVELERS PROPERTYCASUALTY COMPANY OF AMERICA, Defendants.Case No. ADJ5096605 (Fresno District Office)OPINION AND ORDERS DENYING PETITION FOR REMOVAL AND GRANTING RECONSIDERATION, AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration and/or removal of the March 7, 2013 Findings …

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Antonio Medina vs. Matrix Industries, Inc.; Tig Specialty Insurance Administered By Risk Enterprise Management

In this case, Antonio Medina sought workers’ compensation for injuries he sustained while employed by Matrix Industries, Inc. The workers’ compensation administrative law judge found that Antonio did not sustain an industrial injury, and disallowed the lien of StatMedical Diagnostics, Inc. StatMedical Diagnostics, Inc. sought reconsideration, arguing that there was substantial evidence that Antonio sustained an industrial injury and that medical-legal expenses are recoverable even if Antonio is found not to have sustained an industrial injury. The Workers’ Compensation Appeals Board granted reconsideration and awarded StatMedical Diagnostics, Inc. the full amount of its lien. The Board also ordered TIG Specialty Insurance, administered by Risk Enterprise Management, to pay StatMedical Diagnostics,