May, 2014 - CompFox

Stanley Silo vs. Los Angeles County Metropolitan Transit Authority Permissibly Self-insured

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

This case involves Stanley Silo, an applicant, and the Los Angeles County Metropolitan Transit Authority, a permissibly self-insured defendant. 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 dismissed the petition as untimely and, even if it had been timely-filed, would have denied it on the merits for the reasons stated in the WCJ’s Report and Recommendation. The Board filed and served the order on May 30, 2014.

Ignacio Ramos vs. Greenwood Dairy California Livestock Procducers Permissibly Self-insured

Leave a Comment / California, Redding / By Ashish

ADJ7580182In this case, Ignacio Ramos, an employee of Greenwood Dairy, sought reconsideration of a decision by the Workers’ Compensation Appeals Board (WCAB) that he did not sustain industrial injury to his feet while employed on April 2, 2010 and April 5, 2010. The WCAB granted reconsideration, rescinded the WCJ’s decision, substituted it with new Findings of Fact finding that applicant sustained industrial injury to his feet in the form of fungal foot infection and bilateral foot sprain that caused no permanent disability. However, the record was not clear as to the issues of temporary disability and further medical treatment, so the WCAB deferred those two issues and returned the matter to the trial level for further proceedings and decision

Rosemary Moser vs. Beverly Hospital Permissibly Self-insured Administered By Keenan & Associates

Leave a Comment / California, Van Nuys / By Ashish

(VNO 0429945)ADJ2060228 (PAS 0034618)In this case, Rosemary Moser, the applicant, filed a Petition for Reconsideration against Beverly Hospital, which was permissibly self-insured and administered by Keenan & Associates. 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. After reviewing the record, the Board dismissed the petition as untimely, unverified, and not properly served.

Denise Alfaro vs. Deutsch Company Travelers Insurance Fireman’s Fund

Leave a Comment / California, Pomona / By Ashish

In this case, Denise Alfaro filed a workers’ compensation claim against Deutsch Company and Travelers Insurance/Fireman’s Fund. The Workers’ Compensation Appeals Board granted reconsideration to further study the factual and legal issues. The Board ultimately affirmed the Findings and Award of July 8, 2013, which found that Alfaro sustained industrial injury to her back and left leg during the cumulative trauma period January 2, 1996 through October 19, 1998, that the injury caused “temporary disability for which she has been partially paid with jurisdiction reserved for further development of the record,” that the injury caused permanent disability of 80%, after apportionment, and that applicant is entitled to further medical treatment. The Board also noted that Alfaro had passed away

James Walton vs. The Men’s Wearhouse Safety After National Casualty Corporation Administered By Sedgwick

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

In this case, the Men’s Wearhouse and Safety After National Casualty Corporation, administered by Sedgwick, filed a Petition for Removal requesting that the Workers’ Compensation Appeals Board rescind the Findings and Orders dated October 21, 2013. The Petition was filed in response to the WCJ’s order that two of the physicians submit supplemental reports due to the medical reports submitted by the applicant being deficient. The Appeals Board granted the Petition for Removal and rescinded the Findings and Orders, returning the matter to the trial level to be submitted for decision on the present record.

Ismael Villaruiz vs. Tommys Own York Insurance

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

In this case, Ismael Villaruez filed a Petition for Removal, requesting that the Workers’ Compensation Appeals Board reverse the Order Denying Change of Venue. The petition was denied due to the filing of a Compromise and Release, and the matter was returned to the trial level for consideration of the Compromise and Release.

Rachel Kurtz Rivera vs. Jo Ann Stores Inc Arch Insurance Administered By Broadspire

Leave a Comment / California, Van Nuys / By Ashish

ADJ8822036ADJ8822042. In this case, Rachel Kurtz Rivera, the applicant, filed a Petition for Reconsideration against Jo-Ann Stores, Inc. and Arch Insurance, administered by Broadspire, the defendants. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration and denied removal. The Board found that the Petition for Reconsideration was not properly taken as it was not from a “final” order, decision, or award. The Board also found that the Petition for Removal was denied as the applicant 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 petitioner ultimately

John Ramirez vs. Amira Medical Inc Ace Usa Administered By Esis

Leave a Comment / California, Oakland / By Ashish

(SAL 0092874)

In this case, John Ramirez filed a petition for reconsideration of a decision issued on March 21, 2014 against Amira Medical, Inc. and ACE USA, administered by ESIS. The petition was withdrawn by the petitioner and the Workers’ Compensation Appeals Board dismissed the petition for reconsideration. Service was made on the persons listed on the current official address record.

Janice Matthews vs. Los Angeles Unified School District Permissibly Self-insured Administered By Sedgwick Claims Management Services

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

(LAO 0873638)

In this case, Janice Matthews filed a Petition for Reconsideration against the Los Angeles Unified School District, which was administered by Sedgwick Claims Management Services. The Workers’ Compensation Appeals Board considered the allegations of the Petition and the contents of the Report and Recommendation on the Petition for Reconsideration of the workers’ compensation administrative law judge. The Board found that the Petition was untimely and dismissed it. The Board also stated that even if the Petition had been timely-filed, it would have been denied on the merits for the reasons stated in the WCJ’s Report and Recommendation.

Marcia Machado vs. Crown Plaza Hotel Employer’s Compensation Insurance Fund

Leave a Comment / California, Oxnard / By Ashish

In the case of Marcia Machado vs. Crown Plaza Hotel and Employer’s Compensation Insurance Fund, the Workers’ Compensation Appeals Board granted reconsideration and rescinded the decision from which reconsideration was sought, returning the matter to the trial level. The Board also noted that if the settlement was not approved by the Workers’ Compensation Administrative Law Judge, the original decision may be reinstated.

May 2014