September 2014

CALVIN WRIGHT vs. HEALTH NET, INC

HEALTH NET, INC CALVIN WRIGHT WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACALVIN WRIGHT, Applicant,vs.HEALTH NET, INC., Defendant.Case No. ADJ7508584(Marina del Rey District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION,NOTICE OF INTENTION TO IMPOSE SANCTIONS OF UP TO $2500 AGAINST DEFENDANT’S ATTORNEY NORMAN LAURELL, ESQ., AND TO ORDER PAYMENT OF COSTS AND FEES            Defendant seeks reconsideration of the …

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Gerardo Vargas vs. Account Ability Incorporated, Administered By Lumbermen’sunderwriting Alliance

This case involves a Petition for Removal filed by Gerardo Vargas against Account Ability Incorporated, administered by Lumbermen’s Underwriting Alliance. The Workers’ Compensation Appeals Board reviewed the allegations of the Petition for Removal and the contents of the Report and Recommendation on Petition for Removal and dismissed the Petition for Removal for lack of verification. The Board also stated that had the petition been verified, it would have been denied on the merits.

Asia Straughter vs. County Of Los Angeles, Permissibly Self· Insured

In this case, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration filed by the County of Los Angeles, permissibly self-insured, as untimely. The Stipulation and Order To Pay Lien Claim had been issued on July 23, 2014, and the Petition for Reconsideration was not filed within the 25-day period required by the Labor Code and Code of Civil Procedure.

Joyce Simon vs. County Of Orange, Permissjbly Self-insured, Administered By York Risk Services Group, Inc.

This case involves Joyce Simon, an applicant, and the County of Orange, Permissibly Self-Insured, Administered by York Risk Services Group, Inc., the defendants. The Workers’ Compensation Appeals Board issued an Opinion and Order granting removal on their own motion with notice of intention to issue sanctions and to declare Joyce Simon a vexatious litigant. The Board intends to impose monetary sanctions, attorney’s fees, and reasonable expenses against her under Labor Code section 5813 and Rule 10561, as requested in the defendant’s answer to the applicant’s petition. The Board also intends to declare her a vexatious litigant under Rule 10782. The Board has issued a notice of intention to impose sanctions up to $500

Ned Pattiz vs. Mtc Trucking, Inc.; St Ate Compensation Insurance Fund

In this case, the Workers’ Compensation Appeals Board granted a petition for reconsideration filed by defendant MTC Trucking, Inc. and the State Compensation Insurance Fund. The Board granted the petition in order to allow for further study of the factual and legal issues in the case and to issue a just and reasoned decision. All further correspondence, objections, motions, requests and communications must be filed with the Office of the Commissioners of the Workers’ Compensation Appeals Board.

Karla Munoz vs. Lopez And Company; State Farm

In the case of Karla Munoz vs. Lopez and Company; State Farm, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration filed by lien claimant Grant Williams, M.D. The petition was dismissed as it was a non-final interlocutory order that did not determine any substantive right of the parties. Service was made on the persons listed below on the date of filing.

NICOLAS MERCADO vs. PARK WEST ENTERPRISES, INC., Dba CO- WEST COMMODITIES; CALIFORNIA INSURANCE GUARANTEE ASSOCIATIONfor ULLICO CASUALTY COMPANY, In Liquidation

This case involves Nicolas Mercado, an applicant, and Park West Enterprises, Inc., dba Co-West Commodities; California Insurance Guarantee Association for Ullico Casualty Company, in liquidation, defendants. Nicolas Mercado sustained extensive injuries and was rendered a quadriplegic as a result of a vehicle collision he was involved in while working for defendant as a truck driver on December 21, 2011. The Workers’ Compensation Appeals Board affirmed the decision of the workers’ compensation administrative law judge that Nicolas Mercado sustained industrial injury to multiple body parts causing 100% total permanent disability and a need for future medical treatment. The WCJ also found that Nicolas’ wife, Linda Mercado, is entitled to payment for attendant care she provided

ROSALIO MARIN vs. BUTLER BOX & ST AKE, INC.; ICW GROUP/EXPLORER INSURANCE COMPANY

BUTLER BOX & ST AKE, INC.; ICW GROUP/EXPLORER INSURANCE COMPANY ROSALIO MARIN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSALIO MARIN, Applicant,vs.BUTLER BOX & ST AKE, INC.; ICW GROUP/EXPLORER INSURANCE COMPANY, Defendants.Case No. ADJ8832276(Marina del Rey District Office)ORDER DENYING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the Report …

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