May 2016

CYNTHIA WESLEY vs. COUNTY OF LOS ANGELES, Permissibly Self- Insured

Leave a Comment / California, Pomona / By

In this case, Cynthia Wesley sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of March 10, 2016, wherein it was found that, while employed as a probation officer on March 22, 2011, she sustained industrial injury to her spine and right hip causing permanent disability 8% after apportionment and the need for further medical treatment. The WCJ found that applicant had 27% overall disability, but apportioned to a prior July 28, 2010 award of permanent disability pursuant to Labor Code section 4664. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, finding that the WCJ had corrected the mistake in her Report and there was no reason for any further action

PRESTON LEE BROWN SCOTT vs. CITY OF LOS ANGELES

Leave a Comment / California, San Francisco / By

In this case, the Workers’ Compensation Appeals Board granted reconsideration of the August 7, 2015 Findings and Order of the workers’ compensation arbitrator and the January 28, 2016 Order Approving Compromise and Release. The Appeals Board found that the arbitrator did not have jurisdiction to issue the January 28, 2016 Order because the Appeals Board granted reconsideration on October 15, 2015 and has not yet issued a decision after reconsideration. Furthermore, the Appeals Board found that the Compromise and Release purported to settle applicant’s 132a claim, which the arbitrator does not have jurisdiction over. The Appeals Board intends to strike the offending language and issue an Order approving the Compromise and Release submitted by the parties to the arbitrator

EPIFANIO MEDINA vs. SECOND NATURE; MID-CENTURY INSURANCE

Leave a Comment / California, Stockton / By

SECOND NATURE; MID-CENTURY INSURANCE EPIFANIO MEDINA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEPIFANIO MEDINA, Applicant,vs.SECOND NATURE; MID-CENTURY INSURANCE, Defendants.Case Nos. ADJ1413052 (STK 0170134)ADJ4567871 (STK 0173675)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION            Applicant, in pro per, seeks reconsideration of the March 7, 2016 Findings Of Fact And Order of the workers’ compensation administrative law judge …

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TRACY GIANG vs. AIRBORNE SYSTEMS Aka TRANSDIGM HOLDING COMPANY; THE HARTFORD FIRE AND ACCIDENT INDEMNITY COMPANY

Leave a Comment / California, Pomona / By

In this case, the Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration and amended the March 15, 2016 Findings and Award and Order to defer the issues of temporary disability and EDD’s lien. The WCJ was ordered to conduct further proceedings as necessary to develop the record and then issue a new decision. The Board affirmed the WCJ’s decision with regard to admissibility, permanent disability, and apportionment.

INGA CZECH vs. BANK OF AMERICA; ACE AMERICAN INSURANCE COMPANY, Adjusted By GALLAGHER BASSETT SERVICES INC.

Leave a Comment / California, Van Nuys / By

In this case, Inga Czech, an employee of Bank of America, filed a claim for workers’ compensation benefits for injuries sustained while on the job. The employee requested authorization for medical treatment, including a right sacroiliac joint rhizotomy and neurolysis, right piriformis Botox injections, and a 30-day trial of an inferential unit. The defendant, Bank of America, failed to timely complete utilization review pursuant to Labor Code section 4610 and the employee was awarded the requested medical treatment. The defendant sought reconsideration, claiming that the request for authorization of medical treatment was not properly served upon the adjuster and that the defendant’s duties under section 4610 were triggered only upon the adjuster’s receipt of

TYSON CONGER vs. CARE AMBULANCE; STATE COMPENSATION INSURANCE FUND

Leave a Comment / Anaheim, California / By

In this case, Tyson Conger, an Emergency Medical Technician, sought reconsideration of a March 16, 2016 Findings and Award from the Workers’ Compensation Administrative Law Judge (WCJ). The WCJ had found that Conger sustained an industrial injury to his low back and psyche while working for Care Ambulance, causing a period of temporary disability, a need for future medical treatment, and 62% permanent disability without apportionment. Conger argued that the WCJ did not properly weigh and apply all the evidence and that the entirety of the record supported a higher level of permanent disability than was found and awarded. The WCJ provided a Report and Recommendation on Petition for Reconsideration recommending that reconsideration be denied. The

AMANDINA ANDRADE vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Leave a Comment / California, Long Beach / By

This case involves a worker, Amandina Andrade, who was injured while employed as a probation group supervisor on May 7, 2002. The worker sought reconsideration of the March 7, 2016 Findings and Award issued by the workers’ compensation administrative law judge (WCJ). The WCJ found that the worker sustained an admitted industrial injury to her neck, back, left knee, gastrointestinal system, psyche and injury in the form of hypertension. The WCJ also found that the injury caused temporary disability for which the worker had been adequately compensated, that she became permanent and stationary on February 24, 2004, that the injury caused 67% permanent disability after apportionment, and that the defendant was entitled to credit in the amount of $1,770

KATHRYN JOHNSON vs. CALIFORNIA DEPARTMENT OF DEVELOPMENTAL SERVICES; STATE COMPENSATION INSURANCE FUND

Leave a Comment / California, Santa Rosa / By

is a case in which the applicant, Kathryn Johnson, sought reconsideration of a Findings and Award (F&A) issued on March 4, 2016 by the workers’ compensation administrative law judge (WCJ). The WCJ found that the defendant’s delay in payment of permanent total disability benefits and interest was not a bad faith or frivolous tactic and declined to award applicant an attorney’s fee pursuant to Labor Code section 5813. The Workers’ Compensation Appeals Board denied reconsideration, finding that defendant’s conduct in setting the issue of penalties for trial and not resolving the issue of penalties at the mandatory settlement conference was not sufficient to constitute bad faith or frivolous conduct to issue a separate award of sanctions.

LILIA VIVEROS vs. TARGET DISTRIBUTION, Permissibly Self- Insured

Leave a Comment / California, Van Nuys / By

In this case, Lilia Viveros sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award and Order of March 4, 2016, wherein it was found that, while employed as a packer during a cumulative period ending on April 28, 2015, applicant sustained industrial injury to her right wrist, right shoulder and right elbow, causing permanent disability of 19% and the need for further medical treatment. The WCJ’s decision did not include a finding on the disputed body parts of the left upper extremity, psyche, “internal” and in the form of insomnia. The WCJ granted reconsideration and amended the decision to reflect that applicant sustained industrial injury to her left upper extremity, but affirmed the

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