April, 2015 - CompFox

Steven Kroesen (deceased), Jennifer Kroesen (widow), vs. City Of Torrance, City Of Long 8 Beach, Permissibly Self-insured,

Leave a Comment / California, Van Nuys / By Ashish

This case involves the widow of Steven Kroesen, a police officer who died in 2009, and the cities of Torrance and Long Beach, who were his employers. The Workers’ Compensation Appeals Board granted the widow’s Petition for Reconsideration to further study the factual and legal issues in the case. The Board issued an interim order directing the workers’ compensation administrative law judge to conduct a hearing, take evidence, and issue findings of fact regarding the timeliness of the widow’s Petition, so the Board can determine whether it has jurisdiction to reconsider the matter on the merits.

Vicente Aguilar, vs. U-turn Seven Corporation; Employers Compensation Insurance Company; Star Insurance Company, Administered By Illinois Midwest Insurance Agency, Llc,

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

In this case, Vicente Aguilar filed a Petition for Reconsideration against U-Turn Seven Corporation, Employers Compensation Insurance Company, and Star Insurance Company, administered by Illinois Midwest Insurance Agency, LLC. The Workers’ Compensation Appeals Board denied the Petitions for Reconsideration and imposed sanctions of $500.00 against Star Insurance Company’s attorney, Peter R. Nelson, for statements in the Petition for Reconsideration that impugned the integrity of the WCJ and the Appeals Board. The Board also accepted an apology from Employers Compensation Insurance Company’s attorney, Cindy R. Pearson.

Leopold Vasquez, vs. G&k Management Company; Chubb Insurance Company,

Leave a Comment / California, Los Angeles / By Ashish

This case involves a dispute between Leopold Vasquez, an employee of G&K Management Company, and Chubb Insurance Company, the company’s insurer. Vasquez filed a workers’ compensation claim alleging an industrial injury to his psyche, neck, back, shoulders, headaches, insomnia, and abdomen. The parties utilized an agreed medical examiner (AME) who found that Vasquez’s injury was 60% related to industrial factors. The matter proceeded to trial, and the WCJ issued a Findings of Fact and Order denying the claim. Vasquez filed a Petition for Reconsideration, arguing that the WCJ erred in finding that he did not sustain an industrial injury. The Appeals Board granted the Petition for Reconsideration, rescind

Richard Van Baren, Jr., vs. County Of Mendocino, Permissibly Self-insured And Adjusted By York Risk Services Group, Inc.,

Leave a Comment / California, Santa Rosa / By Ashish

This case involves Richard Van Baren, Jr., who is seeking workers’ compensation from the County of Mendocino, which is permissibly self-insured and adjusted by York Risk Services Group, Inc. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, finding that the prior Compromise and Release did not settle only issues dealing with the applicant’s back, but also his knee, and that without clear evidence in the Compromise and Release as to what the permanent disability is for the body parts being settled, there could be no apportionment.

Lori Silva, vs. Volk Enterprises, Inc.; First Comp Insurance Company,

Leave a Comment / California, Stockton / By Ashish

is a case involving Lori Silva, who filed an application for workers’ compensation alleging injury to her respiratory system as the result of cumulative trauma. The Workers’ Compensation Appeals Board denied her petition for reconsideration and removal, and admonished both defense and applicant’s attorneys for violating WCAB rules.

Maria Palo Mino, vs. Kellermeyerbergensons Services; Gallagher Bassett Services, Inc., Third Party Administrator For Zurich American Insurance Company,

Leave a Comment / California, Van Nuys / By Ashish

This case involves Maria Palo Mino, an applicant, and Kellermeyerbergensons Services and Gallagher Bassett Services, Inc., third party administrator for Zurich American Insurance Company, defendants. The Workers’ Compensation Appeals Board denied the Petition for Removal, finding that the petitioner did not demonstrate that substantial prejudice or irreparable harm would result if removal was not granted, and that reconsideration would be an adequate remedy if a final decision adverse to the petitioner ultimately issued. The Board also cautioned the applicant to exercise all due diligence to pursue her claim and complete the necessary steps for the case to be resolved by the parties or adjudicated by a WCJ.

Heidi Kirkwood, vs. Verizon California, Inc.; American Home Assurance Company, Administered By Sedgwick Claims Management Services, Inc.,

Leave a Comment / California, Oxnard / By Ashish

In this case, Heidi Kirkwood applied for workers’ compensation benefits due to an industrial injury. The Workers’ Compensation Appeals Board issued a Findings and Award (F&A) granting her 100% permanent disability without any basis for apportionment. The Board then rescinded the F&A and returned the case to the trial level for further proceedings to determine how much of Kirkwood’s disability is due to her pre-existing non-industrial left upper extremity amputation, how much is due to the industrial injury in this case, and whether or not the Subsequent Injuries Benefits Trust Fund (SIBTF) has any liability in this case. Kirkwood then filed a Petition for Reconsideration, which was denied by the Board

Hanna Kefetew, vs. Neiman Marcus; Liberty Mutual Insurance Company,

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

In this case, Hannah Kefetew (applicant) sought removal of an order issued by a workers’ compensation administrative law judge (WCJ) on February 2, 2015, setting this case for trial on the threshold issue of whether or not applicant sustained an injury arising out of and occurring in the course of her employment. The Petition for Removal was denied by the Workers’ Compensation Appeals Board due to the lack of evidence of substantial prejudice or irreparable harm if removal was not granted, and that reconsideration would not be an adequate remedy if a final decision adverse to the petitioner ultimately issued. The Board also directed the law firm of Hinden & Breslavsky to serve the Petition upon Jacobson & Associates, and directed Harrison

Vivian Chambers, (deceased) Valen Cia Chambers (applicant), vs. California Department Of Social Services, Legally Uninsured; York Risk Management,

Leave a Comment / California, Fresno / By Ashish

This case involves the deceased Vivian Chambers and her sister Valencia Chambers, who is the applicant. Valencia Chambers filed a claim for $600,000 in back pay for tending to her sister Vivian, as well as a death benefit arising from Vivian’s death. The California Department of Social Services, Legally Uninsured, and York Risk Management were the defendants. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration and recommended that Valencia Chambers be declared a vexatious litigant.

Rogelio Rodriguez, vs. Downey Regional Medical Center; Permissibly Self-insured, Administered By Athens Administrators,

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

In this case, Downey Regional Medical Center, which was permissibly self-insured and administered by Athens Administrators, was taken to the Workers’ Compensation Appeals Board by Rogelio Rodriguez, the applicant. The Board found that Rodriguez had sustained a specific industrial injury on August 27, 2009, to his cervical spine, right shoulder, and psyche, resulting in 34% permanent disability after apportionment and a need for future medical treatment. The Board denied the defendant’s petition for reconsideration, affirming the Findings and Award issued by the workers’ compensation administrative law judge.

April 2015