January, 2014 - CompFox

Jay Schettler vs. ALLIED BEVERAGES INC CYPRESS INSURANCE COMPANY Administered By BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Leave a Comment / California, Oxnard / By Ashish

This case involves Jay Schettler, an employee of Allied Beverages, Inc., who was injured while on the job on January 30, 2013. The Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration, finding that Schettler’s testimony was credible and reliable, and that the medical evidence supported his claim of injury. The Board also noted that the testimony of the defense witness, Kelley Lanning, supported Schettler’s claim of injury.

Adrian Rodriguez vs. SPECTRUM CUSTOM DESIGN PINNACLE

Leave a Comment / California, Riverside / By Ashish

In this case, Adrian Rodriguez filed a claim that he sustained industrial injury to various body parts while employed as a laborer on February 21, 2006. The claim was resolved by Order Approving Compromise and Release issued on June 21, 2001. Ronald Grusd, M.D. and California Imaging Network (CIN) filed liens against the claim, but the Workers’ Compensation Administrative Law Judge (WCJ) dismissed the liens with prejudice. Grusd and CIN filed Petitions for Reconsideration, arguing that their failure to appear at the lien conference was due to excusable neglect and that defendant was obligated to call them from the conference. The WCJ dismissed CIN’s Petition for Recons

Maria Lara vs. WHOLE FOODS MARKET INC ACE AMERICAN INSURANCE COMPANY And GALLAGHER BASSETT SERVICES INC Adjusting Agency

Leave a Comment / California, San Jose / By Ashish

is a case in which the defendant filed a Petition for Removal, requesting that the Appeals Board amend the Finding and Order for Second QME Panel to provide that the Medical Director issue a QME panel in the specialty of orthopedic surgery, not physical medicine and rehabilitation. The Appeals Board granted the Petition for Removal and amended the Order to provide that the Medical Director issue a QME panel in the specialty of orthopedic surgery. Commissioner Brass dissented, believing that a specialist in physical medicine and rehabilitation would provide a more accurate and reliable evaluation than an orthopedic surgeon.

Chase Hayes vs. The Vons Companies Inc Permissibly self-insured

Leave a Comment / California, San Diego / By Ashish

In this case, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration filed by Chase Hayes against The Vons Companies, Inc. The petition was not verified in violation of Labor Code section 5902, and even if it had been, it would have been denied on the merits. The Board adopted and incorporated the Report and Recommendation of the workers’ compensation administrative law judge.

Javier Gutierrez vs. T A Industries Inc State compensation Insurance Fund

Leave a Comment / California, Los Angeles / By Ashish

is a case in which Javier Gutierrez, the applicant, sought workers’ compensation benefits from T A Industries, Inc. and the State Compensation Insurance Fund. The workers’ compensation administrative law judge dismissed the claim for lack of prosecution, but the Workers’ Compensation Appeals Board granted reconsideration and rescinded the dismissal, returning the matter to the trial level for further proceedings.

Lakesha Gulley vs. PEOPLE’S CARE VENSURE HR INC COMPANION PROPERTY & CASUALTY INSURANCE COMPANY Administered By CARL WARREN & COMPANY

Leave a Comment / Anaheim, California / By Ashish

In this case, Lakesha Gulley filed a Petition for Reconsideration against People’s Care, Vensure HR, Inc., and Companion Property & Casualty Insurance Company, administered by Carl Warren & Company. The Workers’ Compensation Appeals Board considered the allegations of the Petition for Reconsideration and the contents of the Report and Recommendation on Petition for Reconsideration of the workers’ compensation administrative law judge. The Board found that the Petition was untimely and dismissed it. Furthermore, had the Petition been timely-filed, it would have been denied on the merits for reasons stated in the WCJ’s Report.

Annette Elmo vs. BROOKS BROTHERS THE HARTFORD

Leave a Comment / California, Los Angeles / By Ashish

is a case in which Annette Elmo, an applicant, is seeking workers’ compensation from her employers, Brooks Brothers and The Hartford. Elmo claims that she sustained industrial psychiatric injury and injury in the form of hypertensive cardiovascular disease while employed as a salesperson from August 2002 to May 10, 2007. The Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration, rescinded the WCJ’s decision, and returned the matter to the trial level. The Board found that Elmo had not presented any objective evidence to substantiate her claims of diverted sales, lost commissions, and/or favoritism, and that the defendant had failed to present substantial evidence on whether any of the actual events of employment were good faith personnel actions.

Israel Cantu vs. ROMAN CATHOLIC BISHOP OF MONTEREY Permissibly Self-Insured

Leave a Comment / California, Salinas / By Ashish

is a case in which the Roman Catholic Bishop of Monterey, a permissibly self-insured defendant, and defense attorney Kathleen Roberts sought reconsideration of a November 7, 2013 Findings and Order issued by the workers’ compensation administrative law judge. The WCJ found that the lien of Jerome H. Tepperman, Ph.D., constituted a reasonable litigation expense in the amount of $3,945.00 and that Ms. Roberts is responsible for sanctions, including attorney fees and costs, for tactics that were frivolous or solely intended to cause unnecessary delay. The Appeals Board granted reconsideration for the purpose of amending Findings of Fact number eight to find that Ms. Roberts engaged in bad faith actions or tactics that are frivolous or

Rosa Avila vs. IDLE ACRE CONVALESCENT HOSPITAL CYPRESS INSURANCE COMPANY Administered By BERKSHIRE HATHAWAY COMPANY

Leave a Comment / California, Los Angeles / By Ashish

and ADJ7668243 involve a case between Rosa Avila and Idle Acre Convalescent Hospital and Cypress Insurance Company, administered by Berkshire Hathaway Company. Tiffany Nguyen, D.C., L.Ac., through her representative, CTD Provider Solutions, Inc., sought reconsideration of the Order Dismissing Lien issued by the workers’ compensation administrative law judge (WCJ). The WCJ prepared a Joint Report and Recommendation on Petition for Reconsideration, recommending that the Petition for Reconsideration be dismissed or, in the alternative, denied on the merits. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration as it was filed after the 20 day period specified in Labor Code section 59

Bennie Marzett vs. Pacific Gas & Electric Company permissibly Self-insured

Leave a Comment / Bakersfield, California / By Ashish

ADJ6743542ADJ2488929. In this case, Pacific Gas & Electric Company and its counsel, the law office of Samuelsen, Gonzalez, Valenzuela & Brown, were ordered to pay $1,500.00 to the Workers’ Compensation Appeals Board as a sanction after no response was filed to the October 11, 2013 Notice of Intention to Impose Sanctions. The Petition for Reconsideration was denied as the WCJ did not abuse his discretion by issuing the sanction order after defendant failed to timely respond to the Notice of Intention and defendant’s conduct in intentionally altering a final order warranted the imposition of a sanction.

January 2014