September, 2013

Everson Walls vs. Baltimore Ravens Fka Cleveland Browns; New York Giants; Pma Insurance Group C/o Gallagher Bassett And National Union Fire Insurance Company Of Pittsburgh, Pennsylvania C/o Chartis Claims Inc.; Dallas Cowboys, Travelers Insurance Company

Leave a Comment / California, Santa Ana / By Ashish

Baltimore Ravens fka Cleveland Browns; New York Giants; PMA Insurance Group c/o Gallagher Bassett and National Union Fire Insurance Company Of Pittsburgh, Pennsylvania c/o Chartis Claims Inc.; Dallas Cowboys, Travelers Insurance Company Everson Walls WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEVERSON WALLS, Applicant,vs.BALTIMORE RAVENS fka CLEVELAND BROWNS; NEW YORK GIANTS;PMA INSURANCE GROUP c/o GALLAGHER BASSETT and …

Everson Walls vs. Baltimore Ravens Fka Cleveland Browns; New York Giants; Pma Insurance Group C/o Gallagher Bassett And National Union Fire Insurance Company Of Pittsburgh, Pennsylvania C/o Chartis Claims Inc.; Dallas Cowboys, Travelers Insurance Company Read More »

Vivian Thompson vs. Country Inn And Suites; Illinois Midwest Insurance Company

Leave a Comment / California, Long Beach / By Ashish

In this case, Vivian Thompson, an employee of Country Inn and Suites, filed a workers’ compensation claim for an injury to her right wrist, upper extremity, neck, and trunk sustained on December 14, 2010. The defendant, Illinois Midwest Insurance Company, filed a Petition for Removal, requesting that the Appeals Board rescind the Order dated June 26, 2013, wherein the workers’ compensation administrative law judge (WCJ) ordered the case off calendar and stated that the applicant likely needed to allege a cumulative trauma injury. The Appeals Board granted the petition and ordered the case returned to the trial level to be set for trial. The Appeals Board also denied the petition for disqualification of the WCJ.

John Swenning, Jr. vs. County Of Fresno, Permissibly Self-insured; Administered By Aarla

Leave a Comment / California, Fresno / By Ashish

In this case, the County of Fresno requested that the Workers’ Compensation Appeals Board reverse an Order from the workers’ compensation administrative law judge (WCJ) that denied their objection to the May 10, 2013 Notice of Intent to Strike the Reports and Deposition of Alice Martinson, M.D. The County argued that there was no legislative authority to exclude medical reports and depositions of a panel qualified medical evaluator (PQME) from evidence solely due to an ex parte communication absent bias, prejudice or other exigent circumstances. The Appeals Board granted the Petition for Removal and denied the Petition to Strike PQME Reports and Deposition, ruling that the only statutory remedy for an impermissible ex parte communication is the assignment

Larry Pryor vs. City And County Of San Francisco

Leave a Comment / California, San Francisco / By Ashish

In this case, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration and denied removal. The petition was dismissed because it was not a “final” order, and removal was denied because the petitioner did not show that there would be substantial prejudice or irreparable harm if removal was not granted.

Sezette Dubay, As Conservator For Cari Pillo On Behalf Of John Pillo (deceased) vs. Contra Costa Electric, Inc., Insured By American Casualty Company Of Redding, Pennsylvania, Adjusted By Sedgwick Cms, Et Al.

Leave a Comment / California, San Francisco / By Ashish

is a case in which the Workers’ Compensation Appeals Board (Appeals Board) granted reconsideration of the March 6, 2013 Findings of Fact and Order to further study the factual and legal issues. The Appeals Board ultimately affirmed the WCJ’s decision that Contra Costa Electric should not be dismissed as a party defendant and allowed to proceed pursuant to an Alternative Dispute Resolution (ADR) Carve-out Agreement dated December 21, 1994. The Appeals Board found that a dispute regarding death benefits is not a dispute between an employee and an employer, and that Labor Code section 3201.5 only authorizes the creation of an ADR system to resolve workers’ compensation disputes between employees and employers but does not state that the ADR system can be used

Ceicel Moussa (ceicel Moussa Andramos) vs. Nbc Universal Media, Llc; American Home Assurance Company

Leave a Comment / California, Los Angeles / By Ashish

This case involves Ceicel Moussa, who filed three claims of industrial injury against NBC Universal Media, LLC and American Home Assurance Company. The Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration of the July 19, 2013 Findings, Order, & Award of the workers’ compensation administrative law judge, which found that the applicant incurred industrial injury to her bilateral knees, low back and psyche while working for the defendant. The WCJ also ordered that the parties conduct further discovery on the issue of earnings and either enter a stipulation on that issue or return it to the WCJ for adjudication. The Appeals Board found that the WCJ’s decision was adequate and supported by substantial evidence in light of the entire record.

Nicolas Mercado vs. Co-west Commodities; California Insurance Guarantee Association, Administered By Patriot Risk Services, For Ullico Casualty Company, In Liquidation

Leave a Comment / Anaheim, California / By Ashish

In this case, Nicolas Mercado appealed to the Workers’ Compensation Appeals Board for removal of Co-West Commodities and California Insurance Guarantee Association, administered by Patriot Risk Services, for Ullico Casualty Company, in liquidation. The Board reviewed the allegations and the Report of the workers’ compensation administrative law judge and denied the Petition for Removal.

Eulises Mendez vs. Albertson’s, Permissibly Self-insured, Sedgwick Cms

Leave a Comment / California, Long Beach / By Ashish

In this case, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration filed by Eulises Mendez against Albertson’s, Permissibly Self-Insured, and Sedgwick CMS. The Board determined that the Petition for Reconsideration was improper because it was not a final order and therefore could not be reconsidered. The Board warned that filing such petitions could result in sanctions in the future.

Yvonne Jackson vs. County Of Ventura, Permissibly Self-insured, Administered By Corvel Corporation

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

In this case, the Workers’ Compensation Appeals Board denied the Petition for Reconsideration filed by Yvonne Jackson against the County of Ventura, Permissibly Self-Insured, Administered by Corvel Corporation. The Board adopted and incorporated the report of the workers’ compensation administrative law judge and denied the petition for reconsideration. The order was dated and filed at San Francisco, California on October 1, 2013. Service was made on the persons listed on the current official address record.

Kenneth Goodwin (deceased), Janette Degrace Goodwin (widow) vs. Larry And Priscilla Tanner Dba Coach 2000, Ciga For Legion Insurance In Liquidation; Pilot Computer Service And Federal Insurance Company

Leave a Comment / California, Sacramento / By Ashish

In this case, the Workers’ Compensation Appeals Board denied the Petition for Reconsideration filed by Janette Degrace Goodwin (widow) against Larry and Priscilla Tanner dba Coach 2000, CIGA for Legion Insurance in liquidation; Pilot Computer Service and Federal Insurance Company. The Board adopted and incorporated the report of the workers’ compensation administrative law judge and denied the petition. Service was made on the persons listed on the current official address record.

September 2013