January, 2017 - CompFox

Kurt Franklin Zuncich (deceased) Barbara Alison Zuncich (widow), vs. John Silva; Travelers,

Leave a Comment / California, Riverside / By Ashish

John Silva and Travelers were defendants in a case involving the deceased Kurt Franklin Zuncich and his widow Barbara Alison Zuncich. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration and denied the petition for removal. The petition for reconsideration was dismissed because it was not a “final” order, decision, or award. The petition for removal was denied because the petitioner did not show that substantial prejudice or irreparable harm would result if removal was not granted and did not demonstrate that reconsideration would not be an adequate remedy if a final decision adverse to the petitioner ultimately issued.

Karan Singh, vs. United Products, Inc.; California Insurance Guarantee Association, For Fremont Insurance Company, In Liquidation,

Leave a Comment / California, San Francisco / By Ashish

In this case, the California Insurance Guarantee Association, for Fremont Insurance Company, in Liquidation, sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Amended Findings, Award and Order of November 10, 2016, wherein it was found that the applicant, Karan Singh, sustained new and further disability in the forms of urinary and fecal incontinence, rendering him permanently totally (100%) disabled. The WCJ’s Report and Recommendation on Petition for Reconsideration was adopted and the Petition for Reconsideration was denied.

Melissa Overton, vs. The Paper Bag Princess; Hartford Insurance Company,

Leave a Comment / California, Los Angeles / By Ashish

This case involves Melissa Overton, who was employed as a boutique manager during a cumulative period ending on August 12, 2013. She sustained industrial injury to her psyche, neck, back, chest internal systems, and in the forms of heart palpitations, sweaty palms, shortness of breath, pelvic pain, cuts and bruises, sleep disorder, and headaches. The case settled by way of Compromise and Release on September 17, 2015 for the sum of $26,250.00, inclusive of attorney’s fees. The Hartford Insurance Company was found to have unreasonably delayed the payment of compensation, and was consequently found liable for a Labor Code section 5814 penalty, Labor Code section 5814.5 attorney’s fees, and

Sebastian Martinez, vs. Wes-lar, Inc.; Tower Group Companies Administered By Amtrust North America,

Leave a Comment / California, Van Nuys / By Ashish

This case is about lien claimant Superior Chiropractic Care seeking reconsideration of the Order Dismissing Lien issued by the workers’ compensation administrative law judge (WCJ) on November 3, 2016. The WCJ found that lien claimant failed to appear at the September 28, 2016 lien conference and failed to timely object to the Notice of Intent to dismiss its lien. The WCAB denied the Petition for Reconsideration, finding that lien claimant was given notice and opportunity to be heard and that its due process rights were not violated.

Jose Espinoza, vs. Bechtel Group, Inc.; Insurance Company Of The State Of Pennsylvania, Administered By American International Group, Inc.,

Leave a Comment / California, Santa Ana / By Ashish

is a case in which Jose Espinoza, an employee of Bechtel Group, Inc., filed a workers’ compensation claim alleging that he had suffered a stroke while employed by the company. The workers’ compensation administrative law judge (WCJ) found that Espinoza had not sustained an industrial injury in the form of a stroke and ordered that he take nothing on his claim. Espinoza then filed a Petition for Reconsideration, which was dismissed by the Workers’ Compensation Appeals Board due to its lack of specific references to the record and failure to be verified.

Thomas Ertzman (decendent) Akshara Ertzman (widow/ Applicant), vs. Pacific Bell Telephone Company/ At&t, Inc., Permissibly Self-insured, Administered By Sedgwick Claims Management Services,

Leave a Comment / California, Los Angeles / By Ashish

This case involves the Pacific Bell Telephone Company/ AT&T, Inc., which is permissibly self-insured and administered by Sedgwick Claims Management Services. Thomas Ertzman (decendent) and Akshara Ertzman (Widow/ Applicant) are the applicants. The Workers’ Compensation Appeals Board granted the Petition for Reconsideration and rescinded the Findings and Order issued by the workers’ compensation administrative law judge (WCJ) on November 10, 2016. The WCJ found that on December 11, 2013 while employed by defendant, Thomas Ertzman (decedent) sustained an industrial injury leading to his death, that applicants are entitled to death benefits, that the decedent’s earning rate

Noe Alvarez, vs. Parcell Steel Corporation; ICW Group/Insurance Company Of The West,

Leave a Comment / California, Los Angeles / By Ashish

This case involves Noe Alvarez, an applicant, and Parcell Steel Corporation and ICW Group/Insurance Company of the West, defendants. The Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration and amended the Findings and Award to defer the issue of the 15% permanent disability increase under Labor Code section 4658(d). The Board found that the opinion of the applicant’s primary treating physician, Dr. Aun, was more persuasive than the opinion of the Orthopedic Panel Qualified Medical Evaluator, Dr. Fell, and that the findings of injury to the low back and left knee were supported by substantial evidence. The Board affirmed the Findings and Award, except for the deferral of the 15

Lourdes Lopez, vs. Sodexo As Administered By Gallagher Bassett Services,

Leave a Comment / California, Long Beach / By Ashish

In this case, Lourdes Lopez is suing Sodexo as administered by Gallagher Bassett Services for a cumulative injury arising out of and occurring in the course of her employment with defendant. The Workers’ Compensation Appeals Board granted the defendant’s Petition for Reconsideration and rescinded the Order Approving Compromise and Release, returning the matter to the trial level for further proceedings and decision. The parties had reached an agreement regarding the drafting error in the settlement documents and had executed an amended Compromise and Release.

Rico Lazzereschi, vs. Waste Management Of Alameda County; Ace American Insurance Company, Administered By Gallagher Bassett Services, Inc.,

Leave a Comment / California, San Francisco / By Ashish

In this case, Waste Management of Alameda County and Ace American Insurance Company, administered by Gallagher Bassett Services, Inc., were defendants in a workers’ compensation case brought by Rico Lazzereschi. Both parties sought reconsideration of the November 9, 2016 Findings and Award, wherein the workers’ compensation administrative law judge found that Lazzereschi had sustained industrial injuries to his low back and left shoulder on May 2, 2009, and to his head, neck, eyes, psyche, and left shoulder on May 7, 2010. The WCJ found that the May 7, 2010 injury caused permanent disability of 76% PD. The WCJ did not award Lazzereschi a Supplemental Job Displacement Voucher. The Appeals Board

Jesus Guzman, vs. Abbot’s Pizza, Llc; Employers Compensation Insurance Company; Insurance Company Of The West; Security National Insurance Company, Administered By Amtrust North America, Inc.,

Leave a Comment / California, Van Nuys / By Ashish

, Jesus Guzman, Abbot’s Pizza, LLC, Employers Compensation Insurance Company, Insurance Company Of The West, Security National Insurance Company, administered by Amtrust North America, Inc., filed petitions for reconsideration and removal of an Order Rescinding a Compromise and Release. The Workers’ Compensation Appeals Board dismissed Security National’s petition for reconsideration and petition for removal, dismissed Employers Comp’s petition for removal, dismissed ICW’s petition for reconsideration, granted ICW’s petition for removal, amended the Order Rescinding to order that a hearing be set and otherwise affirmed the Order Rescinding and returned the matter to the WCJ for further proceedings.

January 2017