April, 2014 - CompFox

Hong Zhang vs. Campo Stella Llc Dba Arcadia Retirement Village Insurance For Fremont Insurance Company In Company Of The West

Leave a Comment / California, Los Angeles / By Ashish

is a case in which Hong Zhang, a 53-year-old server/driver for Campo Stella dba Arcadia Retirement Village, filed an Application for Adjudication alleging that on 12/10/09, she sustained injury arising out of and occurring in the course of employment to the back and shoulder. Lien Claimant Optimal Health Institute filed a Petition for Reconsideration of the Findings and Order dated 2/18/04, alleging that the Board acted without or in excess of its powers, the Order was procured by fraud, the evidence does not justify the findings of fact, new evidence was discovered, and the Findings of fact do not support the order. The Petition for Reconsideration was denied as

Robert Vilarino vs. Chromatics Inc California Insurance Guarantee Association For Fremont Insurance Company In Liquidation Administered By Sedgwick Cms

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

CHROMATICS INC CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For FREMONT INSURANCE COMPANY In Liquidation Administered by SEDGWICK CMS ROBERT VILARINO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT VILARINO, Applicant,vs.CHROMATICS, INC.; CALIFORNIAINSURANCE GUARANTEE ASSOCIATION,For FREMONT INSURANCE COMPANY, InLiquidation, Administered by SEDGWICKCMS, Defendants.Case No. ADJ1160066 (MON 0261712)(Marina del Rey District Office)OPINION AND DECISION AFTER RECONSIDERATION In order to further study the factual …

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David Schultze vs. Barrett Business Services Inc Permissibly Self-insured

Leave a Comment / Bakersfield, California / By Ashish

is a case in which David Schultze, the applicant, filed a workers’ compensation claim against his employer, Barrett Business Services, Inc., after being terminated. The employer argued that the claim was barred by the Labor Code section 3600(a)(10) post-termination defense. The Workers’ Compensation Appeals Board ultimately found that the claim was not barred by the post-termination defense, as the medical records from Frazier Mountain Community Health Center predating the notice of termination contained evidence of the injury. The Board also found that the applicant had met his burden of demonstrating industrial injury to his arm, cervical spine, and neck.

Mary Cruz Patino vs. Aramark At Lip Pavilion Sedgwick Claims Management Services

Leave a Comment / California, San Jose / By Ashish

In this case, Mary Cruz Patino filed a petition for reconsideration against Aramark at Lip Pavilion and Sedgwick Claims Management Services. The Workers’ Compensation Appeals Board reviewed the record and dismissed Patino’s petition as untimely and denied the defendant’s petition for reconsideration.

Linda Meisel vs. Kohl’s Department Store New Hampshire Insurance Company Administered By Sedgwick Claims Management

Leave a Comment / California, Oxnard / By Ashish

KOHL’S DEPARTMENT STORE NEW HAMPSHIRE INSURANCE COMPANY administered by SEDGWICK CLAIMS MANAGEMENT LINDA MEISEL WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALINDA MEISEL, Applicant,vs.KOHL’S DEPARTMENT STORE; NEWHAMPSHIRE INSURANCE COMPANY,administered by SEDGWICK CLAIMSMANAGEMENT, Defendants.Case No. ADJ9220592(Oxnard District Office)ORDER DENYINGPETITION FOR REMOVAL We have considered the allegations of the Petition for Removal and the contents of the report of the …

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Robert Krening vs. Fire-n-ice First Comp Doctors Surgery Center Inc

Leave a Comment / California, Riverside / By Ashish

In this case, Robert Krening filed a Petition for Reconsideration with the Workers’ Compensation Appeals Board against Fire-N-Ice and First Comp Doctors Surgery Center, Inc. The petition was dismissed due to it not being verified in violation of Labor Code section 5902, failure to serve it on the defendant in violation of Labor Code section 5905 and WCAB Rule 10850, and for the reasons stated by the WCJ in the Report and Recommendation on Petition for Reconsideration.

Jose Gomez vs. Courtlandt Koerwitz Sparta Insurance Gallagher Bassett

Leave a Comment / California, Sacramento / By Ashish

In this case, Jose Gomez filed a petition for reconsideration and removal with the Workers’ Compensation Appeals Board of California against Courtlandt Koerwitz, Sparta Insurance, and Gallagher Bassett. The Board dismissed the petition for reconsideration, finding that it was not a “final” order and did not determine any substantive right or liability of those involved in the case. The Board also denied the petition for removal, finding that Gomez had not shown that there would be substantial prejudice or irreparable harm if removal was not granted or that reconsideration would be an inadequate remedy if a final decision adverse to Gomez ultimately issued.

Martha Franco vs. Staffmark Temporary Agency California Insurance Guarantee Association

Leave a Comment / Anaheim, California / By Ashish

In this case, Martha Franco, an employee, sustained an industrial injury to multiple body parts in 1999. The California Insurance Guarantee Association (CIGA) filed a Petition for Joinder to join Travelers Property Casualty Company of America (Travelers) as a party defendant, which was denied by the Workers’ Compensation Appeals Board. CIGA then filed a Petition for Removal, which was granted by the Appeals Board. The Appeals Board rescinded the Order Denying Petition for Joinder and returned the matter to the trial level to consider CIGA’s Petition for Joinder on its merits. CIGA was also ordered to serve both documents on Travelers.

Robert Fernandez vs. Circuit City Csif Administered By Metro Risk Insurance Company

Leave a Comment / California, Pomona / By Ashish

In this case, Robert Fernandez is appealing a decision by the Workers’ Compensation Appeals Board. The Board granted the Petition for Reconsideration and rescinded the WCJ’s decision, returning the matter for further proceedings and decision by the WCJ. The Board also noted that the Appeals Board has 60 days within which to act on a petition for reconsideration, and that the running of the 60-day statutory period was tolled for a reasonable period of time after the Board’s actual notice of lien claimant’s petition. Service was made on the persons listed on the current official address record.

Rebecca Duarte vs. Motion Picture & Television Fund Permissibly Self-insured Zurich North America

Leave a Comment / California, Van Nuys / By Ashish

MOTION PICTURE & TELEVISION FUND Permissibly Self-Insured ZURICH NORTH AMERICA REBECCA DUARTE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAREBECCA DUARTE, Applicant,vs.MOTION PICTURE & TELEVISION FUND,Permissibly Self-Insured, ZURICH NORTHAMERICA, Defendants.Case Nos. ADJ2346178 (VNO 0504730) MF ADJ862555 (VNO 0504735) OPINION AND DECISIONAFTER RECONSIDERATION We previously granted applicant’s petition for reconsideration of the January 8, 2014 Findings And Award of the workers’ compensation …

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April 2014