July 2014

Satbir Singh vs. Cardinal Freight Fleet Clarendon National Insurance Company Protective Insurance Company Ss Delivery Van Liner Insurance Company

, ADJS681902, and ADJ7028675, involved a worker’s compensation case in which Satbir Singh, the applicant, sought benefits from Cardinal Freight Fleet, Clarendon National Insurance Company, Protective Insurance Company, SS Delivery, and Van Liner Insurance Company. The Workers’ Compensation Appeals Board granted reconsideration in order to allow time to further study the factual and legal issues in the case. The Board ultimately rescinded the decisions in Case Nos. ADJ5681902 and ADJ7028675 and substituted them with new Findings of Fact deferring the issues of insurance coverage, contribution/apportionment between defendants, and credit for third party recovery and otherwise restating the WCJ’s findings. In Case

Alejandro Noriega vs. The Chesecake Factory Ace American Insurance Comp Any Administered By Gallagher Bassett Services

is a case involving Alejandro Noriega, an employee of The Cheesecake Factory, who sustained an admitted low back injury while working on September 6, 2013. Noriega filed a Petition for Reconsideration from the decision following an Expedited Hearing, wherein it was found that the employer was not liable for chiropractic care he had procured on his own, outside the employer’s Medical Provider Network. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, finding that the employer had provided timely and effective notices regarding the Medical Provider Network, and that there was no delay or refusal of treatment.

MARIA MADRID vs. SF APPAREL INC CYPRESS INSURANCE COMPANY C/o BROOKSHIRE HATHAWAY HOMESTATE COMPANIES

; ADJ9286927. In this case, Maria Madrid, an employee of SF Apparel Inc., filed an application for adjudication of claim for industrial injuries to her knee and back from January 1, 1996 to January 3, 2014. Cypress Insurance Company, c/o Brookshire Hathaway Homestate Companies, denied the injuries on February 11, 2014. On June 11, 2014, the Workers’ Compensation Appeals Board granted the Petition for Removal filed by Cypress Insurance Company, rescinding the order dated June 11, 2014 and vacating the trial date of August 5, 2014. The Board found that there was no substantial medical evidence upon which awards could be based and that the parties had not filed a pretrial conference statement as required

Luis Mejia Hernandez vs. Nestle Usa Inc Sedgwick Cms

In this case, Nestle USA Inc and Sedgwick CMS appealed an order from a workers’ compensation administrative law judge (WCJ) that required them to file and serve points and authorities explaining the relevance of each exhibit before trial. The Appeals Board granted the petition for removal and rescinded the order, ruling that the relevance of exhibits is an issue for trial and that parties can object to relevance at trial and raise the exclusion of the exhibit in their petition for reconsideration.

MARGARITO GONZALEZ vs. CONSOLIDATED DISPOSAL SERVICES REPUBLIC SERVICES Permissibly Self-insured Administered By CANNON COCHRAN MANAGEMENT SYSTEMS INC (CCMSI)

CONSOLIDATED DISPOSAL SERVICES REPUBLIC SERVICES permissibly self-insured administered by CANNON COCHRAN MANAGEMENT SYSTEMS INC (CCMSI) MARGARITO GONZALEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARGARITO GONZALEZ, Applicant,vs.CONSOLIDATED DISPOSALSERVICES/REPUBLIC SERVICES,permissibly self-insured, administered byCANNON COCHRAN MANAGEMENTSYSTEMS, INC., (CCMSI), Defendants.Case No. ADJ2721412 (VNO 0526008)(Pomona District Office)OPINION AND DECISIONAFTERRECONSIDERATION            We granted defendant’s Petition for Reconsideration on September 16, 2013 to further study …

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Cherrice Morris Gaines vs. Ac Transit Permissibly Self-insured Adjusted By Sedgwick Claims Management Services

& ADJ8192308 is a case involving Cherrice Morris-Gaines, a bus driver for AC Transit, who sustained an industrial injury to her knee and back while employed. The Workers’ Compensation Appeals Board granted Morris-Gaines’ Petition for Reconsideration and issued a Decision After Reconsideration affirming the Findings and Award dated May 29, 2013, which awarded Morris-Gaines 52 weeks of temporary disability at $588.43 per week, less an attorney fee of 15%; ordering reimbursement to the Employment Development Department (EDD); ordering Morris-Gaines’ attorney to reimburse $4,589.76 to EDD; and denying Morris-Gaines’ claim for penalty. The

Donald Franklin vs. Neptune Water Solutions, Inc

In this case, Donald Franklin, an outside salesperson, sought workers’ compensation for injuries to his right and left feet sustained while employed from June 22, 2012 through September 1, 2012. In exchange for $6,000, Franklin entered into a Compromise and Release. Franklin then sought reconsideration of the Order Approving Compromise and Release, claiming it was procured by fraud and he was not paid in accordance with the Compromise and Release. The Workers’ Compensation Appeals Board granted reconsideration, rescinded the Order Approving Compromise and Release, and returned the matter to the trial level for further proceedings.

Robert Escobar vs. Swinerton Shotcrete Systems Inc Zurich North America

In this case, Robert Escobar was appealing a decision from the Workers’ Compensation Administrative Law Judge (WCJ) of May 27, 2014. The Appeals Board granted reconsideration and rescinded the decision from which reconsideration was sought, returning the matter to the trial level. If the settlement is not approved by the WCJ, the original decision may be reinstated and either party may seek reconsideration from the reinstated order.

Mericia Enriquez vs. American Racing Equipment Permissibly Self-insured

AMERICAN RACING EQUIPMENT permissibly self-insured MERICIA ENRIQUEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMERICIA ENRIQUEZ, Applicant,vs.AMERICAN RACING EQUIPMENT,permissibly self-insured, Defendants.Case No. ADJ2610300 (LAO 0835809)OPINION AND DECISIONAFTER RECONSIDERATION            We previously granted the joint petition of lien claimants Vision Quest Industries (VQ), Sobol Orthopedic (Sobol), Eugene Loopesko, M.D. (Loopesko ), Biocare and their hearing representatives Collective Resources and Patrick …

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

(VNO 0504730) MFADJ862555 (VNO 0504735) is a case involving Rebecca Duarte and Motion Picture & TV Fund (MPTF) and Zurich North America. The Workers’ Compensation Appeals Board granted the petition of defendant MPTF for reconsideration of their April 29, 2014 Opinion and Decision After Reconsideration. The Board found that the specific industrial injury Duarte sustained to her back, neck, upper digestive tract (GERD), psyche, urinary tract (incontinence) and fibromyalgia while working for then permissibly self-insured MPTF as a nurse assistant on March 2, 1990, caused a period of temporary total disability from August 10, 2004 to September 24,