March, 2015 - CompFox

Kenyatta Walker, vs. Tampa Bay Buccaneers; Ace/pacific Employers,

Leave a Comment / California, Santa Ana / By Ashish

This case is about Kenyatta Walker, a professional football player, who sustained a cumulative industrial injury to multiple body parts while working for the Tampa Bay Buccaneers. The Workers’ Compensation Appeals Board affirmed the decision of the WCJ that it would be unreasonable and unjust to enforce the forum selection clause in the employment contract, as the defendant had extensively litigated the claim for several years. The Board found that the defendant had waived its rights under the forum selection clause by litigating the case for 43 months in California.

Reggie Stephens, vs. Nashville Kats; Great Divide Insurance Company; Kansas City Cidefs; Tig Insurance Company,.

Leave a Comment / California, Salinas / By Ashish

NASHVILLE KATS; GREAT DIVIDE INSURANCE COMPANY; KANSAS CITY CIDEFS; TIG INSURANCE COMPANY,. REGGIE STEPHENS, WORKERS’ COMPENSATION APPEALS BOARDSTATEOFCALIFORNIA REGGIE STEPHENS, Applicant,vs.NASHVILLE KATS; GREAT DIVIDE INSURANCE COMPANY; KANSAS CITYCIDEFS; TIG INSURANCE COMPANY,. Defendants.Case No. ADJ4213301 (ANA 0398168)(Salinas District Office)OPINION AND DECISION AFTER RECONSIDERATION We previously granted the petition of defendants Nashville Kats and its insurer, Great Divide …

Reggie Stephens, vs. Nashville Kats; Great Divide Insurance Company; Kansas City Cidefs; Tig Insurance Company,. Read More »

Matt Steeple, vs. New Jersey Red Dogs; Granite State Insurance/aig,

Leave a Comment / California, Van Nuys / By Ashish

NEW JERSEY RED DOGS; GRANITE STATE INSURANCE/AIG, MATT STEEPLE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMATT STEEPLE, Applicant,vs.NEW JERSEY RED DOGS; GRANITE STATE INSURANCE/AIG, Defendants.Case No. ADJ8832516(Van Nuvs District Office)OPINION AND DECISION .AFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration of the December 12, 2014Findings And Award of the workers’ compensation administrative law judge (WCJ), who …

Matt Steeple, vs. New Jersey Red Dogs; Granite State Insurance/aig, Read More »

Arshed Qazi, vs. The Boeing Company; Ace American Insurance Company, Administered By Sedgwick Claims Management Services,

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

THE BOEING COMPANY; ACE AMERICAN INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, ARSHED QAZI, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAARSHED QAZI, Applicant,vs.THE BOEING COMPANY; ACE AMERICAN INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants.Case No. ADJ3453347 (MON 0360440)(Marina del Rey District Office)OPINION AND DECISION AFTER RECONSIDERATION We granted reconsideration in this matter to provide …

Arshed Qazi, vs. The Boeing Company; Ace American Insurance Company, Administered By Sedgwick Claims Management Services, Read More »

Earl Pierce, vs. Hooman Pontiac Gmc Buick; Intercare Holdings Insurance Services, Inc.,

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

is a case in which Earl Pierce, the applicant, challenged an Order Approving Compromise and Release (OACR) issued by a workers’ compensation administrative law judge on January 8, 2009. The OACR awarded attorney fees to applicant’s present counsel without allowing any portion to Pierce in satisfaction of his lien claim. Steven M. Soho, Pierce’s prior attorney, filed a Petition for Reconsideration to challenge the OACR. However, Soho later withdrew his Petition and requested that it be set aside, so the Workers’ Compensation Appeals Board dismissed the Petition.

Diana Morales, vs. Robert Half International, Inc.; Insurance Company Of The State Of Pennsylvania, Administered By Gallagher Bassett Services,

Leave a Comment / California, Los Angeles / By Ashish

This case is about Robert Half International, Inc. and Insurance Company of the State of Pennsylvania, administered by Gallagher Bassett Services, who sought removal of a Finding and Order for Additional QME Panels issued by a workers’ compensation administrative law judge. The Order found the medical record in this case required further development with regard to the applicant’s claim of injury arising out of and occurring in the course of her employment to her internal, neurological, psychiatric and gynecological systems. The Appeals Board granted the Petition for Removal and rescinded the Order, finding that the required methods for obtaining a QME panel had not been followed and there was no basis for the WCJ to order additional QME panels at that time.

Roubik Mirzaie, vs. Autonation; Ace Usa,

Leave a Comment / California, Van Nuys / By Ashish

This case is about Roubiik Mirzaie, who was injured on September 10, 2013 while working for Autonation. The Workers’ Compensation Appeals Board found that Mirzaie sustained a compensable injury arising out of and occurring in the course of employment. Autonation sought reconsideration of the decision, arguing that Mirzaie was engaged in a material deviation of his employment activities. The WCJ issued a Report and Recommendation on Petition for Reconsideration recommending that the Board deny reconsideration. The Board granted reconsideration and issued a notice of intention to sanction Autonation, ACE USA, Gallagher Bassett, and defense attorneys Jeffrey Y. Solomon and the Law Offices of Owens 0. Miller, jointly and severally,

Brenda Millender, vs. Ford Motor Company, Permissibly Self-insured,

Leave a Comment / California, Los Angeles / By Ashish

(LAO 0789144)In this case, Ford Motor Company, a permissibly self-insured company, appealed a decision by a workers’ compensation administrative law judge that found Brenda Millender had sustained an industrial cumulative trauma injury to her psyche over the period 1999 through December 13, 2000, while employed as an Office Assistant by Ford Motor Company. The Appeals Board granted reconsideration and found that the WCJ had not properly analyzed the issues involving Ford’s affirmative defense that Millender’s claimed injury was caused by lawful, non-discriminatory, good faith personnel actions, and returned the matter to the trial level for further proceedings and a new final decision.

Gene Goodreau, vs. Law Offices Of Marc E. Grossman; The Hartford,

Leave a Comment / California, Los Angeles / By Ashish

This case involves a dispute between Gene Goodreau and the Law Offices of Marc E. Grossman and The Hartford. After the workers’ compensation administrative law judge issued a Findings and Award on January 7, 2014, the defendants filed a petition for reconsideration. However, the parties have since amicably decided to resolve the matter by way of Compromise and Release, and the settlement documents have been executed by all parties involved. As a result, the Appeals Board has rescinded the WCJ’s January 7, 2014 Findings and Award and returned the case to the trial level for the WCJ’s consideration of the proposed settlement.

Enrique Castaneda, vs. Monterey Mushrooms, Inc.; California Insurance Guarantee Association For Superior National Insurance Company, In Liquidation, Administered By Sedgwick Cms,

Leave a Comment / California, Salinas / By Ashish

In this case, the Workers’ Compensation Appeals Board granted the defendant’s Petition for Reconsideration of the February 4, 2014 Findings of Fact issued by the workers’ compensation administrative law judge. The WCJ found that the applicant sustained an injury while employed by Monterey Mushrooms, and that the claim was not barred by the statute of limitations. The WCJ also deferred the issues of permanent disability, apportionment liability for self-procured medical care, sanctions, and the appointment of an administrator of medical treatment for the right knee. The Appeals Board amended the WCJ’s February 4, 2014 Findings of Fact to include an award of future medical care, and issued a Notice of Intention to Impose Sanctions against defendant’s

March 2015