November, 2014 - CompFox

Joel Vargas vs. Romero’s Food Products, Inc.; Mitsui Sumitomo Insurance Company Of America, Administered By Mitsui Sumitomo Marine Management

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

; ADJ9014068. This case is about Joel Vargas, an applicant, who is suing Romero’s Food Products, Inc. and Mitsui Sumitomo Insurance Company of America, administered by Mitsui Sumitomo Marine Management for workers’ compensation. Vargas claimed to have sustained industrial injuries on October 1, 2012 and October 15, 2012, but the Workers’ Compensation Appeals Board found that Vargas was not credible and that there was no substantial evidence to support his claims. The Petition for Reconsideration was denied.

FELIPE GARCIA (DECEASED) GUILLERMINA GARCIA (WIDOW) vs. SALVADOR GAYTAN Dba G&P AG MANAGEMENT CONTRACTORS, INC.; STAR INSURANCE, Adjusted By MEADOWBROOK INSURANCE GROUP

Leave a Comment / California, Fresno / By Ashish

This case involves a dispute between Felipe Garcia (deceased) and Guillermina Garcia (widow) and Salvador Gaytan dba G&P AG Management Contractors, Inc. and Star Insurance, Adjusted by Meadowbrook Insurance Group. Guillermina Garcia is seeking reconsideration of the September 23, 2014 Opinion and Order Granting Reconsideration and Decision After Reconsideration, wherein the Appeals Board rescinded the July 8, 2014 decision of the workers’ compensation administrative law judge (WCJ) and found that the applicant was an independent contractor and not an employee of Salvador Gayton on April 26, 2014. The Appeals Board denied the petition for reconsideration, finding that the WCJ had the opportunity

Carlos Ortiz Valencia vs. Beckstoffer Vineyards; Oak River Insurance Company, Administered By Berkshire Hathaway Homestate Companies

Leave a Comment / California, Oakland / By Ashish

is a case in which Carlos Ortiz Valencia applied for workers’ compensation from Beckstoffer Vineyards and Oak River Insurance Company, administered by Berkshire Hathaway Homestate Companies. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration as untimely, as it was not filed within 25 days of the decision.

Maria Hernandez vs. Wis International; Insurance Company Of The State Of Pennsylvania

Leave a Comment / California, Los Angeles / By Ashish

& ADJ7811870: In this case, Maria Hernandez, the applicant, and the Insurance Company of the State of Pennsylvania, the defendant, both sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of September 3, 2014. The WCJ found that the applicant sustained industrial injury to her neck, left shoulder and left rib on October 12, 2010 and to her left knee, left foot, left calf, and left lower extremity during a cumulative period ending on February 7, 2011. The WCJ found that the specific injury in case ADJ7811866 caused permanent disability of 10%, and the cumulative injury in case ADJ7811870 caused permanent disability of 24%. The WCJ

LAKESHA GULLEY vs. PEOPLE’S CARE, INC.; COMPANION PROPERTY AND CASUALTY INSURANCE COMPANY

Leave a Comment / Anaheim, California / By Ashish

This case involves a dispute between Lakesha Gulley, the applicant, and People’s Care, Inc. and Companion Property and Casualty Insurance Company, the defendants. Gulley claims she sustained an industrial injury to her left knee while employed as an instructor/coach from October 13, 2011 to October 13, 2012. The Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration and rescinded the WCJ’s decision, substituting it with new findings of fact affirming the finding of injury and the rate of temporary disability indemnity. The matter was returned to the trial level for further proceedings and decision by the WCJ.

Pasqual Garibay vs. California Towing; American Claims

Leave a Comment / California, San Bernardino / By Ashish

is a case in which Pasqual Garibay filed a petition for reconsideration of a workers’ compensation decision against California Towing and American Claims. The Workers’ Compensation Appeals Board dismissed the petition as it was filed more than 20 days after the decision was served, which is outside the time limit for filing a petition for reconsideration.

Toby Abom vs. City Of Oakland, Permissibly Self-insured, Administered By Jt2 Integrated Resources,

Leave a Comment / California, San Francisco / By Ashish

This case involves a worker’s compensation claim by Toby Abom against the City of Oakland, which is permissibly self-insured and administered by JT2 Integrated Resources. The Workers’ Compensation Appeals Board granted reconsideration to further study the factual and legal issues in the case. The parties have since reached a compromise and release agreement, which the Appeals Board has accepted, and the case has been returned to the trial level for the WCJ to consider and approve the agreement.

ANA ZELAYA vs. SUSAN CALDWELL Dba WALNUT ACRES RESIDENTIAL CARE; ENDURANCE INSURANCE COMPANY, Administered By 9 FIRST COMP OMAHA,

Leave a Comment / California, Van Nuys / By Ashish

In this case, Susan Caldwell dba Walnut Acres Residential Care and Endurance Insurance Company, administered by First Comp Omaha, were defendants in a workers’ compensation case brought by Ana Zelaya. Hekmat Orthopaedics and Beverly Hills Center for Arthroscopic and Outpatient Surgery, represented by the same hearing representative, filed separate petitions for reconsideration of two orders issued by the workers’ compensation administrative law judge (WCJ) on October 8, 2012, which dismissed their respective liens. The WCAB found the petitions to be untimely and dismissed them. The WCAB also granted removal of the case on its own motion and gave notice of intention to impose sanctions against Hekmat Orthopaedics and Beverly Hills Center

Michele Wulf vs. Orange County Fire Authority; Usf & G, Administered By Cannon Cochran

Leave a Comment / Anaheim, California / By Ashish

ADJ4306688 (AHM 0090678) is a case in which the applicant, Michele Wulf, sought reconsideration of a September 3, 2014 Joint Findings, Award and Order which found her to be 100% permanently disabled as a result of an industrial injury. The WCJ awarded an attorney’s fee of 10% and ordered that the attorney’s fee be paid on a bi-weekly basis from applicant’s award of permanent disability. The Appeals Board granted the Petition for Reconsideration and amended the Findings and Award to defer the issue of applicant’s attorney’s fee and return the matter to the trial level for the WCJ to issue an order of commutation. The Appeals Board also declined to order a sanction against the

Edgar Villarreal vs. Alamillo Rebar, Inc.; Old Republic General Insurance Corporation, Administered By Gallagher Bassett Services, Inc.

Leave a Comment / California, Oakland / By Ashish

This case involves Edgar Villarreal’s petition for removal against Alamillo Rebar, Inc., Old Republic General Insurance Corporation, and Gallagher Bassett Services, Inc. The Workers’ Compensation Appeals Board reviewed the allegations of the petition and the report of the workers’ compensation administrative law judge and denied the petition for removal.

November 2014