January, 2016 - CompFox

RICHARD ZAGORNIK vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS, CORCORAN STATE PRISON, Legally Uninsured

Leave a Comment / California, Fresno / By Ashish

ADJ3619518 (FRE0231377) ADJ1898353 (FRE0232205) is a case involving Richard Zagornik, an employee of the California Department of Corrections, Corcoran State Prison, who was injured while on the job. The Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration and rescinded the WCJ’s decision, substituting it with a new Findings and Award, deferring the issues of permanent disability, apportionment, and attorney fees. The Board affirmed the WCJ’s findings of injury and found that the cumulative low back injury was derivative of the earlier knee injuries. The Board also noted that the WCJ should conduct further proceedings to develop the record in

MARTIN VALDEZ vs. NATURE’S TREE SERVICE; STATE COMPENSATION INSURANCE FUND

Leave a Comment / California, Long Beach / By Ashish

This case involves a dispute between Martin Valdez, the applicant, and Nature’s Tree Service and the State Compensation Insurance Fund, the defendant. The applicant sought reconsideration of a November 19, 2015 Minute Order taking the matter off calendar issued by the workers’ compensation administrative law judge, pro tern. The Appeals Board dismissed the Petition for Reconsideration and denied the Petition for Removal, finding that the order was an interlocutory procedural order and not a final order within the meaning of Labor Code section 5900. The Appeals Board also reminded the applicant and his attorney of their duty to keep the Workers’ Compensation Appeals Board and parties advised of any change of address.

MARIA SOTO vs. SAMBRAILO PACKAGING; ZENITH INSURANCE COMPANY

Leave a Comment / California, Santa Barbara / By Ashish

SAMBRAILO PACKAGING; ZENITH INSURANCE COMPANY MARIA SOTO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA SOTO, Applicant,vs.SAMBRAILO PACKAGING; ZENITHINSURANCE COMPANY, Defendants.Case No. ADJ9079342(Santa Barbara District Office)OPINION AND DECISION AFTER RECONSIDERATION We granted reconsideration in this matter to provide an opportunity to further study the legal and factual issues raised by the petition for reconsideration. Having completed our review, …

MARIA SOTO vs. SAMBRAILO PACKAGING; ZENITH INSURANCE COMPANY Read More »

ROBERT PODESTA vs. EVENING POST PUBLISHING; TRAVELERS INSURANCE COMPANY

Leave a Comment / California, San Luis Obispo / By Ashish

In this case, Robert Podesta was awarded 100% permanent disability as a result of an injury he sustained while employed as a master control operator by Evening Post Publishing. The Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration and rescinded the Findings and Award, returning the matter to the trial level for further development of the medical record. The Board found that the medical evidence in the record did not support the finding of total permanent disability and that the QME’s report did not provide an alternative or rebuttal rating or other basis to support an award of 100% permanent disability. The Board ordered that the matter be returned to the trial level for further proceedings and for a new final decision on all deferred issues.

SEAN NGUYEN vs. LOS ANGELES TIMES; ESIS

Leave a Comment / Anaheim, California / By Ashish

: This case is about Sean Nguyen, an employee of the Los Angeles Times, who filed a workers’ compensation claim for an injury he sustained in 1989. The Workers’ Compensation Appeals Board denied his petition for reconsideration, finding that the injury was a laceration to his back and that no compensation was due as the employer had provided treatment and there was no record of any missed time from work.

RAGHBIR MAHIL vs. FOSTER FARMS, Permissibly Self-Insured

Leave a Comment / California, Stockton / By Ashish

In this case, the Workers’ Compensation Appeals Board granted reconsideration in order to further study the factual and legal issues. The WCJ found that the applicant sustained an admitted industrial injury to his neck and psyche while employed on February 18, 2002, and that the injury caused 42% permanent disability and need for further medical treatment to his neck but not for his psychiatric injury. The WCJ calculated the permanent disability award under the American Medical Association Guides to the Evaluation of Permanent Impairment (5th Edition). The Appeals Board rescinded the WCJ’s decision and substituted it with a new Findings and Award, deferring the issue of permanent disability and attorney fees and returning the matter to the trial level for application of the 1997 Schedule.

FRANKIE LOPEZ vs. COUNTY OF LOS ANGELES/SHERIFF’S DEPARTMENT, Permissibly Self-insured, Administered By YORK RISK SERVICES GROUP

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

In this case, the Workers’ Compensation Appeals Board denied the defendant’s Petition for Reconsideration of the Findings and Order issued on November 9, 2015 by a workers’ compensation administrative law judge. The WCJ found that the parties admitted that the applicant sustained cumulative injury in the form of hypertensive heart disease arising out of and in the course of his employment as a deputy sheriff from January 1, 2001 to the present and continuing. The WCJ found applicant to be permanent and stationary as of January 14, 2015 based on the January 14, 2015 report of Panel Qualified Medical Examiner (PQME) Barry Gordon Gwartz, M.D. The defendant’s Petition for Reconsideration was denied due to the substantial medical

CHRIS KUDELKA vs. CITY OF COSTA MESA FIRE DEPARTMENT, Permissibly Self-Insured And Administered By ADMINSURE DIAMOND BAR

Leave a Comment / California, Santa Ana / By Ashish

CITY OF COSTA MESA FIRE DEPARTMENT, Permissibly Self-Insured and Administered by ADMINSURE DIAMOND BAR CHRIS KUDELKA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRIS KUDELKA, Applicant,vs.CITY OF COSTA MESA FIRE DEPARTMENT, Permissibly Self-Insured andAdministered by ADMINSURE DIAMOND BAR, Defendants.Case No. ADJ8942156(Santa Ana District Office)OPINION AND DECISION AFTER RECONSIDERATION On October 22, 2015, we issued our Opinion and Order …

CHRIS KUDELKA vs. CITY OF COSTA MESA FIRE DEPARTMENT, Permissibly Self-Insured And Administered By ADMINSURE DIAMOND BAR Read More »

ROSARIO GUTIERREZ vs. ADVANCE PAPER BOX; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, By Its Servicing Agent SEDGWICK For US FIDELITY & GUARANTEE, In Liquidation

Leave a Comment / California, Los Angeles / By Ashish

This case involves lien claimant Monrovia Memorial Hospital seeking reconsideration of a workers’ compensation administrative law judge’s (WCJ) order that defendant reimburse lien claimant in accordance with Title 42, Code of Federal Regulations, sections 412.521(b)(2)(vi) and 412.23(e). The WCJ also ordered that any dispute over payment be resolved by the appointment of an independent bill reviewer. The WCJ’s decision was rescinded and the matter was returned to the trial level for the WCJ to issue a new decision. The Appeals Board determined that lien claimant is entitled to a reasonable fee rather than a fee in accordance with federal regulations, and that facility fees for services rendered by a long term care hospital are

ALICIA GONZALEZ vs. KELLERMEYER BERGENSON SERVICES, ZURICH AMERICAN INSURANCE COMPANY

Leave a Comment / California, Oxnard / By Ashish

KELLERMEYER BERGENSON SERVICES, ZURICH AMERICAN INSURANCE COMPANY ALICIA GONZALEZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALICIA GONZALEZ, Applicant,vs.KELLERMEYER BERGENSON SERVICES, ZURICH AMERICAN INSURANCECOMPANY, Defendants.Case No. ADJ9447747(Oxnard District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant Kellermeyer Bergenson Services, insured by Zurich American Insurance Company and administered by Gallagher Bassett Services, Inc. (Gallagher Bassett), seeks reconsideration of the …

ALICIA GONZALEZ vs. KELLERMEYER BERGENSON SERVICES, ZURICH AMERICAN INSURANCE COMPANY Read More »

January 2016