June, 2015 - CompFox

Cris Aranda vs. Mortimer & Wallace, Inc.; Uninsured Employers Benefits Trust Fund; State National Insurance Company, Inc.; State Compensation Insurance Fund; Insurance Company Of The West, Icw Group Insurance Companies

Leave a Comment / California, Van Nuys / By Ashish

This case involves a dispute between Cris Aranda (Applicant) and Mortimer & Wallace, Inc., Uninsured Employers Benefits Trust Fund, State National Insurance Company, Inc., State Compensation Insurance Fund, and Insurance Company of the West, ICW Group Insurance Companies (Defendants). Applicant requested reimbursement of costs expended by their counsel per Labor Code §5710, which was granted by a workers’ compensation administrative law judge (WCJ). Defendant sought reconsideration of the Order, claiming that due to fraudulent statements and omissions made by Applicant during the deposition, the issue of deposition costs should have been deferred. The Workers’ Compensation Appeals Board granted the Petition for Reconsideration, rescinded the WCJ’s Order, and returned the

Jovanni Montelongo vs. Phil Bruno Enterprises, Inc., Dba Exclusive Fresh, Inc.; Procentury Insurance Company

Leave a Comment / California, Oakland / By Ashish

In this case, Phil Bruno Enterprises, Inc., dba Exclusive Fresh, Inc. and Procentury Insurance Company appealed the March 16, 2015 Findings of Fact of the workers’ compensation administrative law judge (WCJ) that found Jovanni Montelongo sustained industrial injury to his back and left knee on January 4, 2014, while employed as a delivery driver, then insured by Procentury Insurance Company (PIC). The WCJ found that Rising Interplan was the proper Medical Provider Network (“MPN”) in this case and that the physician(s) chosen by the Applicant from the Rising Interplan MPN were the proper treating physician(s). The defendant argued that the WCJ should have found that Midwest Rising is the proper MPN

Ramiro Arteaga vs. Fibre Containers Company, Dba Fleetwood Fibre And Packaging; Safeco, Administered By Liberty Mutual Insurance

Leave a Comment / California, Pomona / By Ashish

In this case, Ramiro Arteaga filed a Petition for Reconsideration against Fibre Containers Company, dba Fleetwood Fibre and Packaging; Safeco, administered by Liberty Mutual Insurance. The Workers’ Compensation Appeals Board found that the petition was untimely and dismissed it. The Board noted that the petition was filed more than 25 days after the service of the WCJ’s March 4, 2015 decision and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10508.

Fernando Alvarado vs. Friendly Franchisees Corporation Dba Dfg Restaurants; United States Fire Insurance Company, Administered By Crum & Forster

Leave a Comment / California, Los Angeles / By Ashish

is a case in which Fernando Alvarado filed an application alleging injury on August 18, 2014 to his low back, left knee, left leg, headaches, and insomnia. The injury was denied by the carrier, and the matter was set for a priority conference on March 4, 2015. At the conference, Alvarado’s attorney inadvertently forgot to list his exhibits, so the case was continued to allow defense counsel the opportunity to review the exhibits. The defendants filed a Petition for Removal, claiming they suffered irreparable harm as a result of the continuance. The Workers’ Compensation Appeals Board denied the Petition for Removal, finding that allowing Alvarado to submit his medical evidence outweighed any harm to the defendants.

Luz Valenzuela vs. Aramark Uniform & Career Apparel; Sedgwick

Leave a Comment / California, Van Nuys / By Ashish

In this case, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration filed by Luz Valenzuela against Aramark Uniform & Career Apparel and Sedgwick. The petition was found to be untimely, as it was filed more than 25 days after the service of the WCJ’s decision and beyond any extension of time that the petitioner might have been entitled to. The time limit for filing a petition for reconsideration is jurisdictional, and the Appeals Board has no authority to consider or act upon an untimely petition.

Carlos Martinez vs. Sa Recyling Corporation; Sedgwick

Leave a Comment / California, Santa Ana / By Ashish

, SA Recycling Corporation and Sedgwick were defendants in a workers’ compensation case. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration and denied the petition for removal due to the decision not determining any substantive right or liability and not determining a threshold issue. Removal was denied as it is an extraordinary remedy rarely exercised by the Appeals Board and the petitioner must demonstrate that substantial prejudice or irreparable harm will result if removal is not granted.

Gina Floyd vs. Vha, Inc.; Liberty Mutual

Leave a Comment / California, Los Angeles / By Ashish

(LAO0884445) is a case in which Gina Floyd, the applicant, is suing VHA, Inc. and Liberty Mutual, the defendants. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration due to the fact that it was unverified and did not comply with Labor Code section 5902 and Appeals Board Rules 10842, 10846 and 10852.

Martha Cruz vs. J & M Sales, Inc. Dba Fallas Paredes, Administered By Gallagher Bassett Services, Inc.

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

In this case, Martha Cruz was appealing a decision by the Workers’ Compensation Appeals Board (Appeals Board) that ordered her to pay costs to Gallagher Bassett Services. The Appeals Board granted reconsideration and issued a Notice of Intention to Sanction lien claimant Dr. John Terrence and the Gonzales law firm. The Appeals Board reduced the award of costs to $1,090.00 and imposed a sanction of $100.00 on the Gonzales Law Firm. The decision was dated June 3, 2015 and service was made on the persons listed.

Jon Wise vs. State Of California, California Highway Patrol Disability And Retirement, Legally Uninsured; State Compensation Insurance Fund/state Contract Services

Leave a Comment / California, Oxnard / By Ashish

In this case, the State of California, California Highway Patrol Disability and Retirement, legally uninsured, and State Compensation Insurance Fund/State Contract Services sought to set aside a workers’ compensation award issued pursuant to a stipulation between the parties. The stipulation awarded the applicant, Jon Wise, $7,830.00 for a 9% permanent disability sustained in a 2013 industrial injury to his right knee. The defendants argued that they had made a drafting error in the calculation of the award and requested that the award be reduced to $6,210.00. The Workers’ Compensation Appeals Board denied the petition for reconsideration, finding that the defendants had not established good cause to set aside the stipulation.

Jaime Torres Tavera vs. T And P Farms; Zenith Insurance Company

Leave a Comment / California, Redding / By Ashish

In this case, Jaime Torres Tavera is appealing a decision by the Workers’ Compensation Appeals Board that Western Medical Center is entitled to payment pursuant to the Official Medical Fee Schedule (OMFS). The Board denied the Petition for Reconsideration, finding that Western Medical Center is entitled to payment pursuant to the OMFS and nothing further on its claim. The Board’s decision was dated and filed on June 2, 2015.

June 2015