December, 2014 - CompFox

Maria Macias De Jimenez vs. Warmerdam Packing; Zenith Insurance Company

Leave a Comment / California, Fresno / By Ashish

In this case, the Workers’ Compensation Appeals Board granted reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings of Fact and Award of October 9, 2014, wherein it was found that, while employed as a packer during a cumulative period from January 1, 2011 to June 16, 2013, applicant sustained industrial injury to her head, upper extremity, back and knee. The Board found that the post-termination claim provisions of Labor Code section 3600(a)(10) do not apply to this case because the applicant voluntarily quit her employment. However, the Board also found that there was no substantial medical evidence that her injury was caused by her employment, and thus rescinded the Findings of Fact and

Charles Funke vs. City Of Gardena; Corvel

Leave a Comment / California, Long Beach / By Ashish

This case involves a worker’s compensation claim by Charles Funke, a former Detective for the City of Gardena. Funke was injured in 1998 and retired in the same year. The City of Gardena argued that Funke was not entitled to additional temporary disability benefits after his retirement, citing Labor Code section 4853. The Workers’ Compensation Appeals Board found that Section 4853 did not apply in this case, as Funke was retired on a service retirement unrelated to his industrial injury. The Board ordered the case to be returned to the trial level for further development of the record to determine whether Funke’s retirement was a voluntary withdrawal from the labor force unrelated to his industrial injury.

SUZANNE BARRON BIGSBY vs. VALLEY FLOWERS, INC.; FLORISTS MUTUAL INSURANCE COMPANY Administered By HORTICA INSURANCE & EMPLOYEE BENEFITS

Leave a Comment / California, San Bernardino / By Ashish

VALLEY FLOWERS, INC.; FLORISTS MUTUAL INSURANCE COMPANY administered by HORTICA INSURANCE & EMPLOYEE BENEFITS SUZANNE BARRON BIGSBY WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASUZANNE BARRON BIGSBY, Applicantvs.VALLEY FLOWERS, INC.; FLORISTS MUTUAL INSURANCE COMPANYadministered by HORTICA INSURANCE & EMPLOYEE BENEFITS, DefendantsCase No.: ADJ8933754(San Bernardino District Office)ORDER DENYING PETITION FOR RECONSIDERATIONWe have considered the allegations of the Petition …

SUZANNE BARRON BIGSBY vs. VALLEY FLOWERS, INC.; FLORISTS MUTUAL INSURANCE COMPANY Administered By HORTICA INSURANCE & EMPLOYEE BENEFITS Read More »

WESLEY CARROLL vs. NEW ORLEANS SAINTS; LOUISIANA WORKERS’ COMPENSATION CORPORATION; TRAVELERS INSURANCE

Leave a Comment / California, Santa Ana / By Ashish

This case is about Wesley Carroll, a professional football player, who filed a workers’ compensation claim against the New Orleans Saints, Louisiana Workers’ Compensation Corporation, and Travelers Insurance. The Workers’ Compensation Appeals Board affirmed the decision of the workers’ compensation administrative law judge that California did not have a substantial interest in Carroll’s claim and thus could not exercise jurisdiction over it. The Board found that Carroll had only played in five games in California over the course of his five-year career, and that the effect of those games on his injury was de minimis. The Board also found that California’s taxing of income earned from games played in the state did not change its conclusion.

JANE DUFRESNE vs. SUTTER MATERNITY & SURGERY CENTER OF SANTA CRUZ; And STATE COMPENSATION INSURANCE FUND

Leave a Comment / California, Salinas / By Ashish

SUTTER MATERNITY & SURGERY CENTER OF SANTA CRUZ; and STATE COMPENSATION INSURANCE FUND JANE DUFRESNE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJANE DUFRESNE, Applicantvs.SUTTER MATERNITY & SURGERY CENTER OF SANTA CRUZ; and STATE COMPENSATION INSURANCE FUND, DefendantsCase Nos. ADJ2433639 (SAL 0114604)ADJ4390999 (SAL 0108247)OPINION AND DECISION AFTER RECONSIDERATION On April 11, 2014, we granted reconsideration of the January …

JANE DUFRESNE vs. SUTTER MATERNITY & SURGERY CENTER OF SANTA CRUZ; And STATE COMPENSATION INSURANCE FUND Read More »

ANTONIETA GUERRERO vs. WELLPOINT HEALTH NETWORK, INC.; FREMONT INDEMNITY CO., In Liquidation; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. (Servicing Facility); And ZURICH NORTH AMERICA INSURANCE CO.

Leave a Comment / California, Los Angeles / By Ashish

WELLPOINT HEALTH NETWORK, INC.; FREMONT INDEMNITY CO., in liquidation; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. (Servicing Facility); and ZURICH NORTH AMERICA INSURANCE CO. ANTONIETA GUERRERO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTONIETA GUERRERO, Applicantvs.WELLPOINT HEALTH NETWORK, INC.; FREMONT INDEMNITY CO., in liquidation; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. (Servicing Facility); …

ANTONIETA GUERRERO vs. WELLPOINT HEALTH NETWORK, INC.; FREMONT INDEMNITY CO., In Liquidation; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION; SEDGWICK CLAIMS MANAGEMENT SERVICES, INC. (Servicing Facility); And ZURICH NORTH AMERICA INSURANCE CO. Read More »

MARIA MOJICA vs. ARAMARK SPORTS AND ENTERTAINMENT; ACE USA, Administered By SEDGWICK CMS

Leave a Comment / California, Los Angeles / By Ashish

, ADJ6680926, ADJ6680927: This case involves a workers’ compensation claim by Maria Mojica against ARAMARK Sports and Entertainment and ACE USA, administered by Sedgwick CMS. The Workers’ Compensation Appeals Board granted defendant’s Petition for Removal and amended the Findings of Fact to find that applicant is not entitled to have Dr. Fisher provide her with a copy of any contract with CMLS, and that applicant has not shown bias or financial interest to warrant striking Dr. Fisher’s reports.

Jerry Johns vs. City Of Los Angeles, Permissibly Self-insured

Leave a Comment / California, Van Nuys / By Ashish

CITY OF LOS ANGELES, permissibly self-insured JERRY JOHNS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJERRY JOHNS, Applicantvs.CITY OF LOS ANGELES, permissibly self-insured, DefendantsCase No. ADJ2011435 (VNO 0392109)ADJ1676285 (VNO 0434465)OPINION AND DECISION AFTER RECONSIDERATION We granted defendant’s Petition for Reconsideration1 on December 5, 2013 to further study the factual and legal issues in this case.2 This is our …

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Elvira Hernandez vs. Newco Foods, Inc., Operating As Jack In The Box; Security National, Administered By Amtrust North America

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

In this case, the Workers’ Compensation Appeals Board granted defendant’s Petition for Reconsideration of the October 14, 2014 Findings of Fact and Award. The Board found that defendant had failed to prove the existence of a valid Medical Provider Network (MPN) and that applicant was permitted to continue treating outside the MPN with her elected primary treating physician. The Board rescinded Findings of Fact Nos. 3 and 4 and otherwise affirmed the WCJ.

Aniceto Hernandez vs. Secc Corporation; Seabright Insurance Company

Leave a Comment / Anaheim, California / By Ashish

In this case, the Workers’ Compensation Appeals Board denied the Petition for Removal filed by Aniceto Hernandez against Secc Corporation and Seabright Insurance Company. The Board adopted and incorporated the report of the workers’ compensation administrative law judge and denied the removal. The order was dated and filed at San Francisco, California on December 24, 2014 and service was made on the persons listed below at their addresses.

December 2014