March, 2017 - CompFox

Wanda Vagt, vs. Rexnord Industries; The Hartford; Corvel,

Leave a Comment / California, Oxnard / By Ashish

is a case involving Wanda Vagt, the applicant, and Rexnord Industries, The Hartford, and Corvel, the defendants. The Workers’ Compensation Appeals Board granted a petition for reconsideration to allow for further study of the factual and legal issues in the case. The Board ordered that all further correspondence, objections, motions, requests, and communications relating to the petition be filed with the Office of the Commissioners of the Workers’ Compensation Appeals Board and not with the district office from which the WCJ’s decision issued. The Board also ordered that all trial level documents not related to the petition for reconsideration be e-filed through EAMS or filed in paper form.

Casey Mccready, vs. Hudson Fisk Dba Fisk Tree And Escavating Service; Anytime Labor Llc, A Nevada Limited Liability Company Dba Labor Max Staffing

Leave a Comment / California, Fresno / By Ashish

In this case, the Workers’ Compensation Appeals Board denied the Petition for Reconsideration filed by Hudson Fisk dba Fisk Tree and Escavating Service and Anytime Labor LLC, a Nevada Limited Liability Company dba Labor Max Staffing. The Board found that the employer had not met its burden of proof to overcome the presumption of employment at the time of injury nor did it establish that the applicant was the employee of Labormax at the time of the injury. The Board also gave great weight to the credibility determinations of the WCJ and found that there was no evidence of considerable substantiality that would warrant rejecting the WCJ’s credibility determinations.

Salmanasar Maldonado, vs. Select Staffing Services, Administered By Corvel Corporation,

Leave a Comment / California, Fresno / By Ashish

is a case in which Select Staffing Services, administered by Corvel Corporation, appealed the decision of the Workers’ Compensation Appeals Board (WCAB) that Salmanasar Maldonado was entitled to temporary disability benefits. The WCAB granted the petition for reconsideration and corrected the clerical error regarding the indemnity rate, affirming the F&A otherwise.

Jessica Duncan, vs. Right At Home; Travelers Diamond Bar,

Leave a Comment / California, Long Beach / By Ashish

This case involves a lien claimant, Advance Care Specialist Medical Clinic, represented by Innovative Medical Management (IMM), who sought reconsideration of a Findings and Order signed by a workers’ compensation administrative law judge (WCJ) on January 10, 2017. The WCJ found that the lien claimant’s lien for services during the period from July 19, 2012 through August 8, 2013 was barred by the statute of limitations pursuant to Labor Code section 4903.5(a), and dismissed the lien. The Workers’ Compensation Appeals Board denied the lien claimant’s Petition for Reconsideration, finding that the lien claimant had a reasonable period of time, i.e., 18 months after the last date of service

Lyle Bynum, vs. Vallejo Transit; Ace American Insurance, Adjusted By Broadspire,

Leave a Comment / California, Oakland / By Ashish

Vallejo Transit; Ace American Insurance, adjusted by Broadspire, Lyle Bynum, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACase No. ADJ7112948LYLE BYNUM, (Oakland District Office)Applicant,vs.VALLEJO TRANSIT; ACE AMERICAN INSURANCE, adjusted by BROADSPIRE,Defendants.OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND NOTICE OF INTENTION TO IMPOSE SANCTIONS AND REASONABLE EXPENSES (Lab. Code, § 5813; Cal. Code Regs., tit. 8, § …

Lyle Bynum, vs. Vallejo Transit; Ace American Insurance, Adjusted By Broadspire, Read More »

Bernarnd Billik, vs. Hughes Aircraft Company; Liberty Mutual Insurance Company; Administered By Wausau Insurance Company,

Leave a Comment / California, Long Beach / By Ashish

This case involves a dispute between Bernard Billik, the applicant, and Hughes Aircraft Company, Liberty Mutual Insurance Company, and Wausau Insurance Company, the defendants. The Second District Court of Appeal (Div. 8) remanded the matter to the Board for the purpose of making an award of reasonable attorney’s fees to applicant’s counsel for services rendered in responding to defendant’s petition. The parties reached an agreement on the payment of attorney’s fees and costs under Labor Code sections 5801 and 5811 in the amount of $6,492.50, which the Board found to be reasonable and issued an award pursuant to the stipulation.

Jesus Meza Barraza, vs. Il Fornailo America; Zurich,

Leave a Comment / California, Long Beach / By Ashish

This case involves a petition for reconsideration of a workers’ compensation lien claim filed by Jesus Meza Barraza against Il Fornailo America; Zurich. The petition was denied by the Workers’ Compensation Appeals Board due to the fact that the lien claim was filed after the three year statute of limitations from the date the services were provided, or more than 18 months after the date the services were provided if the services were provided on or after July 1, 2013. The petitioner argued that the statute was vague, unenforceable, and unconstitutional, but the Board found that the reasoning of Kindelberger v. City of Los Angeles was directly on point and persuasive, and that the Board lacked jurisdiction to make a determination on

Jose Alvarez, vs. Magana Labor Services; Zenith Insurance Company,

Leave a Comment / California, Oxnard / By Ashish

In this case, Jose Alvarez filed an application for adjudication of claim against Magana Labor Services and Zenith Insurance Company, claiming a cumulative trauma injury while employed by defendant from August 1, 1999 to November 11, 2013 as a field boss. Associated Reproduction Services, Inc. (“ARS”) filed a lien for photocopy services, but the workers’ compensation administrative law judge (WCJ) found that ARS was not entitled to recover on its lien because there was no contested claim at the times it performed some photocopying services for the applicant, and that ARS had failed to demonstrate services performed at later dates were reasonable and necessary. The WCAB granted reconsideration, rescinded the Findings

Agustin Moreno, vs. Aranda’s Woodcraft, Inc.; State Compensation Insurance Fund,

Leave a Comment / California, Van Nuys / By Ashish

is a case in which Aranda’s Woodcraft, Inc. and the State Compensation Insurance Fund are defendants. The applicant, Agustin Moreno, is seeking reconsideration of an Order Dismissing Case for Lack of Prosecution. Moreno argues that he will suffer irreparable harm if the case is dismissed, as he has sustained a significant admitted industrial injury and will not be compensated for it. The Workers’ Compensation Appeals Board granted Moreno’s petition for reconsideration and rescinded the Order, in order to ensure substantial justice.

Jean Merville, vs. Sheraton Hotel And Starr Indemnity, Administered By Gallagher Bassett Services, Inc.,

Leave a Comment / California, Santa Rosa / By Ashish

In this case, Jean Merville filed a Petition for Removal against Sheraton Hotel and Starr Indemnity, administered by Gallagher Bassett Services, Inc. The Workers’ Compensation Appeals Board denied the Petition for Removal, stating that removal is an extraordinary remedy rarely exercised and that the petitioner must demonstrate that substantial prejudice or irreparable harm will result if removal is not granted. The Board found that Merville had not met this burden and denied the Petition for Removal.

March 2017