August, 2013 - CompFox

Margarita Rodriguez vs. Aramark Clean Room Services; Ace American Insurance Company, Administered By Sedgwick Cms

Leave a Comment / California, Los Angeles / By Ashish

is a case in which Margarita Rodriguez, a laborer, was injured on September 23, 2011 while employed. The parties stipulated that the employer was Aramark Clean Room Services, however, the employer’s witness was unable to identify the exact identity of the employer. The Workers’ Compensation Appeals Board denied the Petition for Removal, ruling that the parties had failed to properly identify the employer and that the resources of the WCAB should not be used to determine issues for which there is no basis for legitimate dispute.

Aubrey James vs. Orinda Fire Protection District; County Of Contra Costa

Leave a Comment / California, Oakland / By Ashish

In this case, the Orinda Fire Protection District and the County of Contra Costa were defendants in a workers’ compensation case brought by Aubrey James, a former firefighter. The Workers’ Compensation Appeals Board granted the petitions for reconsideration of both parties and affirmed the July 25, 2012 Amended Findings and Award. The Board found that the WCJ did not err in deferring the issue of permanent disability and returned the matter to the trial level for further proceedings.

Yessenia Hatem vs. United Cerebral Palsy; Permissibly Self-insured

Leave a Comment / California, Van Nuys / By Ashish

In this case, Yessenia Hatem was employed by United Cerebral Palsy and sustained an admitted injury to her low back and right foot on August 5, 2012. The Workers’ Compensation Appeals Board granted reconsideration of the June 14, 2013 Findings and Award issued by the workers’ compensation administrative law judge and rescinded the decision, substituting it with new Findings of Fact finding that defendant issued a timely utilization review denial. The Board also ordered that the matter be taken off calendar until a Declaration of Readiness to Proceed or an expedited DOR is filed by either party.

Mark Clementi; And Tom Clementi, Guardian Ad Litem And Trustee vs. Burch Construction Co., Inc.; California Ins. Guarantee Association By Its Agent Broadspire For Superior National Ins. Co., In Liquidation

Leave a Comment / California, Los Angeles / By Ashish

In this case, the Workers’ Compensation Appeals Board granted the Petition for Removal and rescinded the WCJ’s July 18, 2013 order setting the matter for a September 3, 2013 trial. The Board ordered the matter off calendar and returned it to the trial level for further development of the record and, thereafter, for further proceedings and decision by the WCJ. The Board recommended that the record be further developed by obtaining a supplemental opinion by Dr. Bertoldi, but did not limit further development of the record to such a report. The Board denied the applicant’s request to file a response to the WCJ’s Report.

Victoria Breshears vs. The Kroger Company Dba Ralph’s Grocery Company, Permissibly Self-insured And Adjusted By Sedgwick

Leave a Comment / California, Sacramento / By Ashish

This case involves a petition for reconsideration filed by The Kroger Company dba Ralph’s Grocery Company, Permissibly Self-Insured And Adjusted By Sedgwick with regard to a Findings and Award (F&A) and a Findings & Order (F&O) issued by a workers’ compensation administrative law judge (WCJ) on June 11, 2013. The petition for reconsideration was filed on July 8, 2013, but discrepancies exist within the record as to when the petition was actually filed. The Workers’ Compensation Appeals Board has granted reconsideration of the petition and issued a notice of intention to dismiss the petition as untimely unless defendant produces documents showing the date and time that the petition was filed.

Rocio Gutierrez vs. Hilton Garden Inn; Employers Compensation Insurance Company

Leave a Comment / California, Oxnard / By Ashish

In this case, the Workers’ Compensation Appeals Board dismissed the defendant’s Petition for Reconsideration of a workers’ compensation administrative law judge’s (WCJ) Order of June 5, 2013 that “Claims Examiner Henryetta Colbert or supervisor is ordered to appear at trial.” The Petition was dismissed because it was not timely filed, not verified, and not taken from a final order subject to reconsideration. The Board also noted that the filing of the defendant’s Petition had effectively nullified the WCJ’s Order, and returned the matter to trial level. The Board left it to the WCJ’s discretion how to proceed, but suggested that the WCJ may consider issuing a notice of intention to impose substantial sanctions on defendant and its counsel

Edward Frazier vs. State Of California, Cdcr – Correctional Training Facility

Leave a Comment / California, Salinas / By Ashish

is a case in which the State of California, CDCR – Correctional Training Facility, filed a Petition for Reconsideration from the Findings and Award issued on 6/18/2013. The Petition was denied as the Workers’ Compensation Administrative Law Judge determined that the American Medical Association Guides to the Evaluation of Permanent Impairment, Fifth Edition, did not accurately represent the injured worker’s impairment. The judge instead concluded that the worker should be given a 24% Whole Person Impairment rating, which resulted in a permanent partial disability of 44%.

Akhmadmir Abdulmir vs. Med-pharmex, Inc. And Everest National Insurance Company Administered And Adjusted By American Claims Management

Leave a Comment / California, Van Nuys / By Ashish

Med-Pharmex, Inc. and everest National Insurance Company administered and adjusted by American Claims Management Akhmadmir Abdulmir WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAAKHMADMIR ABDULMIR, Applicant,vs.MED-PHARMEX, INC. and EVEREST NATIONAL INSURANCECOMPANY administered and adjusted by AMERICAN CLAIMSMANAGEMENT, Defendants.Case No. ADJ3755232 (VN00493072) (Pomona District Office)OPINION AND DECISION AFTER RECONSIDERATION We granted defendant Med-Pharmex, Inc. and Everest National Insurance Company …

Akhmadmir Abdulmir vs. Med-pharmex, Inc. And Everest National Insurance Company Administered And Adjusted By American Claims Management Read More »

Everardo Vasquez vs. Edt Framing, Inc.; Zurich North America

Leave a Comment / California, Santa Ana / By Ashish

In this case, Everardo Vasquez filed a petition for reconsideration and removal with the Workers’ Compensation Appeals Board of California. The Board dismissed the petition for reconsideration, as it was not a “final” order, and denied removal as there was not sufficient evidence of substantial prejudice or irreparable harm.

Ignacio Padron vs. Marina Tires; Hanover Insurance Group

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

is a case involving Ignacio Padron and Marina Tires and Hanover Insurance Group. The Workers’ Compensation Appeals Board granted the Petition for Reconsideration, rescinded the decision from which reconsideration was sought, and returned the matter to the trial level. The Petition for Removal was dismissed as reconsideration was an adequate remedy.

August 2013