February, 2014 - CompFox

LISA VALDEZ vs. SAINT HELENA HOSPITAL Permissibly Self-Insured

Leave a Comment / California, Santa Rosa / By Ashish

In this case, Lisa Valdez was injured while working for Saint Helena Hospital as a registered nurse on November 30, 2009, causing 20% permanent disability and need for future medical treatment. Panel Qualified Medical Examiner (PQME) Andrew Burt, M.D., recommended a psychiatric consultation with Michael Goldfield, M.D., for her depression caused by her injury. The defendant denied the evaluation, but Dr. Goldfield evaluated applicant anyway and submitted a report. The workers’ compensation administrative law judge denied the lien of Dr. Goldfield, but the Appeals Board reversed the order and allowed the lien, finding that the evaluation was reasonable and necessary and that payment of the lien was in the interest of substantial justice.

VICTOR SALDANA (VICTOR SALDANA LUEVANAS) vs. STAR INSURANCE COMPANY Administered By MEADOWBROOK INSURANCE GROUP On Behalf Of LARA LABOR CONTRACTORS

Leave a Comment / California, Redding / By Ashish

is a case in which Victor Saldana (Victor Saldana Luevanas) is the applicant and Star Insurance Company, administered by Meadowbrook Insurance Group, on behalf of Lara Labor Contractors, Inc. is the defendant. The case was presented to the Workers’ Compensation Administrative Law Judge (WCJ) on November 21, 2013, when the matter was set for trial and predominantly on the issues of permanent disability and apportionment. The WCJ determined that the report was at best ambiguous as to Applicant’s status, ordered the matter taken off calendar, and that, consistent with the opinion of the AME, Applicant be returned for further evaluation by Dr. Hempd for determination of need for spinal fusion. The Petition for Removal

MARYA PARENTE (MARYA KAMETANI-HOWE) vs. CITY OF INGLEWOOD INTEGRATED CLAIMS

Leave a Comment / California, Van Nuys / By Ashish

is a case in which the City of Inglewood and Integrated Claims are defendants. Marya Parente (Kametani-Howe) is the applicant. The case is about a workers’ compensation claim for an injury sustained by Marya while employed as a police officer from March 5, 2009 to March 5, 2010. The injury was to hypersensitivity, pneumonitis and headaches. The case went to trial and the qualified medical evaluator (QME) Anthony Rodas opined that Marya belonged in a class 2 occupational category for her pulmonary dysfunction and placed her in the higher end of the category of 25%. The defendant argued that the activities of daily living as stipulated to by the parties and as reflected in Dr.

John Massey vs. County Of San Bernardino Sheriff’s Office Permissibly Self-insured

Leave a Comment / California, San Bernardino / By Ashish

In this case, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration and denied removal. The Board found that the petition was not a “final” order and that the petitioner had not met the standards for removal. The Board also noted that the petitioner could raise the issue on reconsideration if a final decision adverse to him ultimately issues.

JESUS MALDONADO vs. SCUDDER ROOFING COMPANY STATE FOR COMPENSATION INSURANCE FUND

Leave a Comment / California, Salinas / By Ashish

This case is about Jesus Maldonado, a roofer who was injured while on the job in 2006. He sustained an admitted industrial injury to his right ankle, right wrist, low back, and psyche. He also claimed industrial injury to his right arm, right leg, and right shoulder. After a trial, the Workers’ Compensation Appeals Board found that he had also sustained injury to his cervical spine and right knee. The Board granted the defendant’s petition for reconsideration and amended the December 11, 2013 Order to include a finding of injury to applicant’s cervical spine and right knee, and otherwise affirmed the WCJ.

Lehman Johnson vs. Ucla/regents University Of california Permissibly Self-insured

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

, ADJ2073379, and ADJ160533, Lehman Johnson, an animal technician, sustained an admitted industrial injury to his low back, thumbs, back, psyche, and upper extremities while employed by UCLA/Regents University of California. The Workers’ Compensation Appeals Board granted reconsideration in these cases and affirmed the finding of admitted back injury, the finding of industrial psychiatric injury, and the admitted designation of self-employment in Case No. ADJ4274474, and the finding of industrial injury to the thumbs in Case No. ADJ2073379. All other issues were deferred and the cases were returned to the trial level for further proceedings and new decisions by the WCJ.

OFELIA INIGUEZ vs. FOSTER FARMS

Leave a Comment / California, Fresno / By Ashish

, ADJ7122713: This case involves a workers’ compensation claim by Ofelia Iniguez against Foster Farms. The parties settled the claim for $25,000, out of which applicant’s attorney requested a fee of $5,000 (20% of the settlement). The WCJ reduced the fee to 15%, but applicant’s attorney filed a petition for reconsideration. The WCAB found the petition to be frivolous and without merit, and ordered applicant’s attorney to pay a sanction of $750. The WCAB also amended the October 21, 2013 Order After Adequacy Hearing to award an attorney’s fee equal to 9% of the settlement proceeds.

DOROTHY DUTY vs. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Legally Uninsured

Leave a Comment / California, San Luis Obispo / By Ashish

In this case, Dorothy Duty, an employee of the State of California Department of Transportation, was found to be 98% permanently disabled without apportionment and in need of future medical treatment as a result of an admitted industrial injury she incurred to her left shoulder, neck, low back, and urinary/bladder while employed by the defendant. The defendant sought reconsideration of the decision, arguing that the decision was not supported by substantial medical evidence and that Dorothy’s actual abilities were inconsistent with the finding of 98% permanent disability. The WCJ provided a Report and Recommendation on Petition for Reconsideration recommending that reconsideration be denied, but the WCAB granted the petition and rescinded the WCJ’s decision, returning the case to the trial

Maria Covarrubias vs. Mainstay Business Solutions California Self Insurers Security fund Adjusted By Metro Risk management

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

(MON 0360846) ADJ7676810 (Marina del Rey District Office) is a case in which lien claimant Mainstay Business Solutions and California Self Insurers Security Fund, adjusted by Metro Risk Management, filed a petition for reconsideration of an order issued by the Workers’ Compensation Administrative Law Judge that dismissed its lien based on its failure to timely pay the lien activation fee required by Labor Code section 4903.06. The federal district court issued a preliminary injunction in Angelotti Chiropractic v. Baker (C.D. Cal. 2013) 78 Cal.Comp.Cases 1218 by which the court enjoined all enforcement of the lien activation fee provisions of section 4903.06, effective November

Allen Scott Chance vs. Time Printing Inc Select insurance

Leave a Comment / California, Sacramento / By Ashish

In this case, Allen Scott Chance filed a petition for reconsideration with the Workers’ Compensation Appeals Board (WCAB) against Time Printing, Inc. and Select Insurance. The WCAB found that the petition was untimely and dismissed it. The WCAB noted that Labor Code section 5903 allows twenty (20) days after service of a final order, decision, or award to file a petition for reconsideration, and the time for filing may be extended five (5) days for mailing. The WCAB also noted that the time limit for filing a petition for reconsideration is jurisdictional so that the Appeals Board lacks the power to grant an untimely petition. The petition in this matter was filed on December 30, 2013,

February 2014