June, 2013 - CompFox

Desiree Solis vs. Adp Totalsource Fl Xxix, Inc.; Liberty Mutual Insurance Company

Leave a Comment / California, Stockton / By Ashish

is a case in which Desiree Solis, the applicant, is suing ADP Totalsource FL XXIX, Inc. and Liberty Mutual Insurance Company, the defendants. The Workers’ Compensation Appeals Board denied the petition for reconsideration, finding that the report of the workers’ compensation administrative law judge (WCJ) was sufficient to satisfy the requirements of Labor Code section 5313. The WCJ’s report found that the defendants had unreasonably delayed the payment of permanent disability and imposed a 25% penalty. The Board adopted and incorporated the WCJ’s report and denied the petition for reconsideration.

Amy Ngoc Ngo vs. Hai Ong, Inc. Dba T.n. Janitorial Services; State Compensation Insurance Fund

Leave a Comment / California, San Diego / By Ashish

Hai Ong, Inc. dba T.N. Janitorial Services; State Compensation Insurance Fund Amy Ngoc Ngo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAMY NGOC NGO, Applicant,vs.HAI ONG, INC. dba T.N. JANITORIAL SERVICES; STATECOMPENSATION INSURANCE FUND, Defendants.Case No. ADJ7018865 (San Diego District Office)ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents …

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Hossein Moghadam vs. Tesoro Usa Petroleum; Commerce & Industry Insurance

Leave a Comment / California, San Jose / By Ashish

In this case, Niloufar Mazhari, the applicant’s attorney, sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Order Imposing Sanctions of April 11, 2013, where she was sanctioned $250 for failure to appear at a March 25, 2013 hearing. The Petition for Reconsideration was denied as the WCJ had misconstrued the term “special appearance” and the applicant’s counsel had failed to request a continuance or excuse from the hearing from the WCJ before the hearing. The Petition for Reconsideration was also denied as the applicant’s counsel had improperly attached documents to the Petition for Reconsideration.

Omar Jacinto vs. Excel Direct; Frye Claims

Leave a Comment / California, Van Nuys / By Ashish

is a workers’ compensation case in which Omar Jacinto is the applicant and Excel Direct/Frye Claims are the defendants. Access Mediquip, a lien claimant, filed a petition for reconsideration after their lien was dismissed due to their failure to provide proof of payment of the lien activation fee at the lien conference. The Workers’ Compensation Appeals Board denied the petition for reconsideration, citing the bright-line rule of Figueroa v. B.C. Doering Co. (2013) 78 Cal.Comp.Cases 439, which states that the lien activation fee must be paid prior to the commencement of a lien conference.

Maricruz Garcia vs. Pueblo Packing, Inc.; Berkshire Hathaway Homestate Companies

Leave a Comment / California, San Francisco / By Ashish

In the case of Maricruz Garcia vs. Pueblo Packing, Inc. and Berkshire Hathaway Homestate Companies, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration as untimely. The Board considered the allegations of the Petition and the contents of the Report and Recommendation on Petition for Reconsideration of the workers’ compensation administrative law judge. The Board’s decision was dated and filed at San Francisco, California on July 1, 2013.

Maggie Davis vs. Kern Medical Center; County Of Kern

Leave a Comment / Bakersfield, California / By Ashish

is a case in which the County of Kern filed a Petition for Reconsideration challenging an April 15, 2013 Award of Attorneys’ fees to the Honaker Law Firm, the applicant’s legal representative, pursuant to Labor Code §5710 in the amount of $770.00. The Award was based on an undisputed deposition time of 2.2 hours at the rate of $350.00 per hour. The Petition for Reconsideration was denied as it was found to be frivolous and the comparison of the hourly rates of defense counsel to those of applicant’s attorneys was found to be irrelevant.

Jack Phillip Arballo, Jr. vs. Nature’s Best; Tokio Marine Travelers

Leave a Comment / California, Oxnard / By Ashish

. In this case, Jack Phillip Arballo Jr. was injured while employed as a delivery driver and settled his claims in exchange for $7,500. Orthomed LLC, a lien claimant in both cases, was not given notice of the March 22, 2013 lien conference and their lien claims were dismissed for failure to pay the lien activation fee. The Workers’ Compensation Appeals Board granted reconsideration, rescinded the Joint Order Dismissing Lien, and returned the matter to the trial level for further proceedings and decision(s). Orthomed may continue to assert its lien in case ADJ7562289 subject to all appropriate defenses.

Lucia Reyes vs. Juice Harvest, Inc.

Leave a Comment / California, Los Angeles / By Ashish

This case involves a lien claimant, Advanced Professional Imaging Medical Group (APIMG), who sought reconsideration of an April 8, 2013 order dismissing their lien claim for failure to pay a lien activation fee. The Labor Code and Appeals Board Rules require that a petition for reconsideration must set forth specifically and in full detail the grounds upon which the petitioner considers the final order to be unjust or unlawful, and must be verified upon oath and contain a general statement of any evidence or other matters upon which the applicant relies in support thereof. APIMG’s petition was found to be skeletal and unverified, and was therefore dismissed.

Maria Munoz vs. Flores Family, Inc., Dba Mcdonald’s Restaurant, Permissibly Self-insured

Leave a Comment / California, Van Nuys / By Ashish

In this case, Maria Munoz, the applicant, claims to have sustained industrial injury to her back, neck, legs, sleep, psych, headaches, neuro, internal, and in the form of medical side effects. The Workers’ Compensation Appeals Board granted the defendant’s Petition for Reconsideration and issued a notice of intention to impose sanctions of up to $250.00 on defense attorney David M. Chou for failing to comply with the Labor Code and Appeals Board’s Rules of Practice and Procedure.

Kathy Matheney vs. Regis Corporation; Liberty Mutual Insurance Company

Leave a Comment / California, Eureka / By Ashish

(EUR 0033234) In this case, Kathy Matheney, a cosmetologist, sought workers’ compensation benefits for an industrial injury to her cervical spine with radiculopathy and symptoms in her shoulders bilaterally, and her right upper extremity, to and including the hand and fingers, sustained on January 11, 1999. The Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration and granted the applicant’s petition for reconsideration, affirming the Findings and Award issued April 9, 2013, except that it was amended to set forth the specific credit advances in the sum of $3,368.40 through February 14, 2013 and add “upper back” as an injured body part. The Board also awarded the

June 2013