February, 2016 - CompFox

FERNANDO PEREZ vs. SUNSHINE NURSERIES; TRISTAR RISK MANAGEMENT

Leave a Comment / California, Riverside / By Ashish

is a case involving Fernando Perez and Sunshine Nurseries and Tristar Risk Management. The Workers’ Compensation Appeals Board granted a petition for reconsideration to allow for further study of the factual and legal issues in the case. All further correspondence, objections, motions, requests and communications relating to the petition must be filed with the Office of the Commissioners of the Workers’ Compensation Appeals Board. Any documents lodged in violation of this order will not be accepted or deemed filed.

LEOPOLDO SIMENTAL LOPEZ vs. ELYJRS PUMPING AND SEPTIC SYSTEM; CALIFORNIA INSURANCE COMPANY; Adjusted By APPLIED RISK

Leave a Comment / California, Oxnard / By Ashish

In this case, Leopoldo Simental Lopez filed a petition for reconsideration against ELYJRS Pumping and Septic System, California Insurance Company, and Applied Risk. The Workers’ Compensation Appeals Board dismissed the petition as it was untimely. The petition was filed more than 25 days after the service of the WCJ’s September 3, 2015 decision and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10508.

SAMUEL KAMMERER vs. VALLEY STATE PRISON, Legally Uninsured, Adjusted By STATE COMPENSATION INSURANCE FUND

Leave a Comment / California, Stockton / By Ashish

is a case in which Samuel Kammerer, the applicant, is suing Valley State Prison, legally uninsured, adjusted by State Compensation Insurance Fund. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, finding that the lien of CCPOA Benefit Trust Fund should not have been denied and that the worker erred in not ordering costs and sanctions against the defendant. The Board found that the outdated version of Labor Code §4903.1 was applied and that reimbursement of these types of liens can only be made against temporary disability, which was not awarded in this case. The Board also found that there was no showing that the defendant used any bad faith actions or tactics that were frivolous or solely intended to cause unnecessary delay, and thus

MONTIE EMERY vs. TRINITY HOSPITAL, Permissibly Self-insured

Leave a Comment / California, Redding / By Ashish

TRINITY HOSPITAL, permissibly self-insured MONTIE EMERY WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMONTIE EMERY, Applicant,vs.TRINITY HOSPITAL, permissibly self-insured, Defendant.Case No. ADJ1503071 (RDG 0073273)ORDER DISMISSING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our …

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DOREEN DAHL vs. CONTRA COSTA COUNTY, Permissibly Self-Insured

Leave a Comment / California, Oakland / By Ashish

This case involves a dispute between applicant Doreen Dahl and her employer, Contra Costa County, over the amount of permanent disability benefits she should receive. The Workers’ Compensation Appeals Board granted reconsideration of the Findings and Award of February 4, 2013, which awarded 79% permanent disability, and rescinded that decision. The Board then returned the matter to the WCJ to enter a decision awarding 59% permanent disability, consistent with the Court of Appeal’s decision.

MARVIN BENARD vs. SAN FRANCISCO GIANTS; ACE INSURANCE COMPANY; U.S. FIDELITY AND GUARANTY INSURANCE COMPANY

Leave a Comment / California, Santa Ana / By Ashish

In this case, Marvin Benard, a professional athlete for the San Francisco Giants, filed a claim of cumulative industrial injury to multiple body parts during the period February 1, 1992 through August 30, 2004. The Workers’ Compensation Appeals Board reversed the decision of the workers’ compensation administrative law judge that the claim was barred by the Labor Code section 5405 statute of limitations. The Board found that the defendant did not carry its burden of showing that it gave applicant notice of his workers’ compensation rights or that he otherwise obtained actual knowledge of those rights more than one year before filing the claim of cumulative injury. The Board denied the defendant’s petition for reconsideration and affirmed the earlier decision.

MARIA OLGA BARAJAS vs. BARRETT BUSINESS SERVICES; CORVEL

Leave a Comment / California, Los Angeles / By Ashish

is a case in which Maria Olga Barajas, the applicant, is appealing for workers’ compensation from Barrett Business Services and Corvel, the defendants. The Workers’ Compensation Appeals Board denied the petition for reconsideration, stating that the applicant was denied her right to change physicians within the Medical Provider Network and that the defendants had not demonstrated that they would suffer significant prejudice or irreparable harm.

MICHAEL ARIAS vs. CITY OF LOS ANGELES, Permissibly Self-Insured; TRISTAR RISK MANAGEMENT

Leave a Comment / California, Van Nuys / By Ashish

In this case, the City of Los Angeles, permissibly self-insured, sought reconsideration of an Amended Findings and Award issued by a workers’ compensation administrative law judge (WCJ). The WCJ found that applicant Michael Arias sustained 31% permanent disability as a result of his admitted injury over the period December 13, 1982 through April 1, 2013, to his chest and testicular cancer, while employed as a police officer by the City of Los Angeles. The City of Los Angeles contested the award of temporary disability indemnity and the rate at which permanent disability benefits were awarded. The Workers’ Compensation Appeals Board granted reconsideration to amend the award to correct the rate at which permanent disability benefits were awarded and affirmed the retroactive award

DARRELL MARLOW vs. DOLE FOOD COMPANY, INC., Permissibly Self-Insured And Administered By SEDGWICK CLAIMS MANAGEMENT

Leave a Comment / California, Salinas / By Ashish

In this case, Dole Food Company, Inc., permissibly self-insured and administered by Sedgwick Claims Management (defendant) sought removal of an Order issued by a workers’ compensation administrative law judge (WCJ) on January 26, 2016, taking the case off calendar on the basis that it was a denied claim. However, the WCJ issued an Amended Order Approving Compromise and Release on February 17, 2016, rendering the Petition moot. As a result, the Workers’ Compensation Appeals Board dismissed the Petition for Removal.

SIMON VILANE vs. INTERCON SECURITY SYSTEMS; REPUBLIC INDEMNITY

Leave a Comment / California, Van Nuys / By Ashish

& ADJ10008841 is a case in which Simon Vilane, an employee of Intercon Security Systems and Republic Indemnity, filed a petition for removal to the Workers’ Compensation Appeals Board. The Board denied the petition, finding that Vilane had not demonstrated 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.

February 2016