October, 2014 - CompFox

CLAYTON POOL vs. AUTO DEALERS COMPENSATION OF CALIFORNIA, A Self-Insurance Group, CORVEL CORPORATION, As Third Party Administrator,

Leave a Comment / California, Los Angeles / By Chris Lyle

This case is about Auto Dealers Compensation of California, a self-insurance group, and Corvel Corporation, as Third Party Administrator, appealing an order from the Workers’ Compensation Appeals Board that took the case off calendar. The Board granted the appeal and rescinded the order, remanding the case to the trial level with instructions to set a Mandatory Settlement Conference.

SIOSEFA MAKIHELE vs. STEFAN MERLI PLASTERING COMPANY; SEABRIGHT INSURANCE COMPANY,

Leave a Comment / California, San Francisco / By Chris Lyle

This case involves a Petition for Reconsideration filed by Siosefa Makihele against Stefan Merli Plastering Company and Seabright Insurance Company. The Workers’ Compensation Appeals Board has 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 has decided to dismiss the petition and deny reconsideration on the merits for the reasons stated in the WCJ’s Report.

EFRAIN CERVANTES vs. EXCEL CONSTRUCTION SERVICES, INC.; ZURICH AMERICAN INSURANCE COMPANY

Leave a Comment / California, Los Angeles / By Chris Lyle

; ADJ7626544 is a case involving Efrain Cervantes, an employee of Excel Construction Services, Inc., and Zurich American Insurance Company. Cervantes filed a workers’ compensation claim for an injury he sustained while working for Excel Construction. Lien claimant Preferred Scan, Inc. was also involved in the case. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, finding that the lien claimant had not been denied due process and that the record was sufficient to support the dismissal of the lien. The Board also found that the lien claimant had failed to appear for the trial and had not provided good cause for the failure.

AVIS ADAMS vs. LABCORP; ACE AMERICAN INSURANCE 8 COMPANY,

Leave a Comment / California, San Diego / By Chris Lyle

This case involves a dispute between Avis Adams, the applicant, and LabCorp and ACE American Insurance Company, the defendant, over whether or not Adams sustained an industrial injury to her left shoulder and hand. The defendant filed a petition for reconsideration of the trial court’s finding of fact that Adams did sustain an industrial injury. The petition was denied due to the defendant’s citation to evidence outside of the record, which violated the Appeals Board’s Rules. The defendant was admonished for their failure to comply with the rule.

ANGEL ZEPEDA vs. DMS FACILITY SERVICES, INC.; ZURICH NORTH AMERICA

Leave a Comment / California, San Francisco / By Chris Lyle

In this case, Angel Zepeda sought reconsideration of a decision filed on August 13, 2014. The Workers’ Compensation Appeals Board granted the petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in the case and to issue a just and reasoned decision. All further correspondence, objections, motions, requests and communications were to be filed in writing with the Office of the Commissioners of the Workers’ Compensation Appeals Board.

LONNIE VAN HOOK vs. CENTER FOR INDEPENDENT LIVING, INC.; STATE COMPENSATION INSURANCE FUND

Leave a Comment / California, Oakland / By Chris Lyle

In this case, Lonnie Van Hook, an applicant, was set to go to trial on November 17, 2014 for permanent disability and apportionment due to an industrial injury he sustained on June 2, 2005. The defendant, Center for Independent Living, Inc. and the State Compensation Insurance Fund, filed a Petition for Removal, requesting that the Appeals Board rescind the Order dated August 19, 2014. The defendant argued that the case should not be set for trial since the applicant had not achieved maximum medical improvement since the amputation of his left leg on August 6, 2014. The Appeals Board granted the Petition for Removal and ordered the matter off calendar until the applicant’s condition becomes permanent and stationary or until an issue unrelated to permanent disability and app

MARIA VALENCIA ROJAS vs. COSMEDX SCIENCE, INC.; GRANITE STATE INSURANCE BY AIG CLAIMS COSTA MESA; ZENITH INSURANCE COMPANY

Leave a Comment / Anaheim, California / By Chris Lyle

In this case, lien claimant NCL Pharmaceuticals, Inc. (NCL) sought reconsideration of an Order Dismissing Lien of NCL and Rehab Solutions dated August 6, 2014. The underlying claim settled by compromise and release approved on July 3, 2013. The Petition for Reconsideration was untimely filed and the Workers’ Compensation Appeals Board dismissed the Petition. Additionally, the author of NCL’s Petition for Reconsideration and the prior objection to the Notice of Intent, Ted Durden, was admonished and ordered to comply with the applicable rule in the future.

KAREN LYNN MINES vs. 3D INSTRUMENTS OF ANAHEIM; PACIFIC COMPENSATION INSURANCE COMPANY; CHUBB GROUP OF INSURANCE COMPANIES

Leave a Comment / Anaheim, California / By Chris Lyle

This case involves a dispute between 3D Instruments of Anaheim, Pacific Compensation Insurance Company, and the Chubb Group of Insurance Companies regarding the date of injury for an industrial cumulative trauma injury sustained by Karen Lynn Mines. The Workers’ Compensation Appeals Board granted reconsideration of the September 18, 2013 Findings and Order and found that Mines’ date of injury was July 9, 2010, her first date of temporary disability.

ANA GONZALEZ vs. NESTLE USA, INC., Permissibly Self-insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Leave a Comment / California, Van Nuys / By Chris Lyle

In this case, Ana Gonzalez filed a Petition for Removal against Nestle USA, Inc., which was permissibly self-insured and administered by Sedgwick Claims Management Services, Inc. The Workers’ Compensation Appeals Board considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge with respect thereto. After review of the record, the Board dismissed reconsideration and denied removal. The Petition for Removal was dismissed.

MANUEL GODINEZ vs. IDD PROCESS & PACKING, INC.; SUSAN And JEFFREY GUNN, Substantial Shareholders,

Leave a Comment / California, Van Nuys / By Chris Lyle

IDD PROCESS & PACKING, INC.; SUSAN and JEFFREY GUNN, substantial shareholders, MANUEL GODINEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMANUEL GODINEZ, Applicantvs.IDD PROCESS & PACKING, INC.; SUSAN and JEFFREY GUNN, substantial shareholders, DefendantsCase No. ADJ802487 (VNO 0554899)ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the Report …

MANUEL GODINEZ vs. IDD PROCESS & PACKING, INC.; SUSAN And JEFFREY GUNN, Substantial Shareholders, Read More »

October 2014