May, 2017 - CompFox

Melissa Tucker, vs. Obagi Skin Health Institute; Hartford Sacramento,

Leave a Comment / California, Riverside / By Ashish

In this case, the Prescription Pharmacy sought reconsideration of an order issued by a workers’ compensation administrative law judge (WCJ) that dismissed their lien without prejudice due to their failure to appear at a scheduled lien conference. The WCJ recommended that the petition be denied, but the Workers’ Compensation Appeals Board granted the petition and issued a notice of intention to affirm the order unless the lien claimant provided a sworn declaration from the person or persons with personal knowledge of the facts showing good cause for relief from dismissal. The Board stated that relief from an order of dismissal based on a failure to appear can be granted based on Code of Civil Procedure section 473 and Fox, and requires a sworn affidavit from an attorney attesting to their mistake

Raonall Smith, vs. St. Louis Rams; Great Divide Insurance Company,

Leave a Comment / California, Oakland / By Ashish

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In this case, the St. Louis Rams and Great Divide Insurance Company sought reconsideration of a workers’ compensation administrative law judge’s decision that the Workers’ Compensation Appeals Board had jurisdiction over the applicant’s workers’ compensation claim. The WCJ found that California had sufficient interest in the applicant’s injury to justify the exercise of subject matter jurisdiction by the WCAB. The WCJ’s decision was amended but affirmed as the Decision After Reconsideration, and the case was returned to the trial level for further proceedings and decisions by the WCJ in accordance with the decision.

Erminia Amy Masini Perez, vs. Roman Catholic Bishop Of San Jose And Church Mutual Insurance Co.,

Leave a Comment / California, San Jose / By Ashish

In this case, the Workers’ Compensation Appeals Board denied the Petition for Removal filed by Erminia Amy Masini Perez against the Roman Catholic Bishop of San Jose and Church Mutual Insurance Co. The Board found that the petitioner 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. The Board accepted the defendant’s supplemental pleading and denied the Petition for Removal.

Janice Payne, vs. Federal Express, Permissibly Self-Insured, And Administered By Broadspire ,

Leave a Comment / California, Oakland / By Ashish

Federal Express, Permissibly Self-Insured, And Administered By Broadspire , Janice Payne, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJANICE PAYNE,Applicant,vs.FEDERAL EXPRESS, Permissibly Self-Insured, and Administered by BROADSPIRE ,Defendants.Case No. ADJ2117331 (OAK 0261803)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Janice Payne (applicant) seeks reconsideration or, in the alternative, removal of the Findings of Fact and …

Janice Payne, vs. Federal Express, Permissibly Self-Insured, And Administered By Broadspire , Read More »

Elvira Lopez, vs. Fernando Horacio Cipullo, Dba Grandparents Care Home, Illegally Uninsured; Uninsured Employers Benefits Trust Fund,

Leave a Comment / California, Santa Ana / By Ashish

Fernando Horacio Cipullo, dba Grandparents Care Home, illegally uninsured; Uninsured Employers Benefits Trust Fund, Elvira Lopez, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELVIRA LOPEZ,Applicant,vs.FERNANDO HORACIO CIPULLO, dba GRANDPARENTS CARE HOME, illegally uninsured; UNINSURED EMPLOYERS BENEFITS TRUST FUND,Defendant.Case Nos. ADJ2651594 (ANA 0360885)OPINION AND DECISION AFTER RECONSIDERATION We previously granted lien claimant, Thomas Hewko, D.C., dba Back Pain Chiropractic …

Elvira Lopez, vs. Fernando Horacio Cipullo, Dba Grandparents Care Home, Illegally Uninsured; Uninsured Employers Benefits Trust Fund, Read More »

Rose Evans, vs. County Of Los Angeles; Administered By Tristar Risk Management,

Leave a Comment / California, Pomona / By Ashish

In this case, the Workers’ Compensation Appeals Board dismissed the Petitions for Reconsideration filed by Rose Evans against the County of Los Angeles, administered by Tristar Risk Management, as they were untimely. The decision was personally served on petitioner on March 13, 2017, and the petitions had to be filed by April 3, 2017. If the petitions had been timely, they would have been denied on the merits for the reasons stated in the WCJ’s report.

Brian Von During, vs. County Of Los Angeles, Permissibly Self-insured And Administered By York Risk Services,

Leave a Comment / California, Van Nuys / By Ashish

In this case, Brian Von During, an applicant, is seeking workers’ compensation benefits from the County of Los Angeles, which is self-insured and administered by York Risk Services. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration of the Findings and Award issued on March 9, 2017 by the workers’ compensation administrative law judge. The Board found that Von During was not eligible for workers’ compensation benefits because he was not an employee at the time of the injury and because he is covered by an order exempting inmates confined at the County Jail from the workers’ compensation system.

Winston Rockefeller (Dec’d), vs. State Of California, Department Of Corrections And Rehabilitation, Legally Uninsured, Adjusted By State Compensation Insurance Fund,

Leave a Comment / California, Sacramento / By Ashish

State Of California, Department Of Corrections And Rehabilitation, legally uninsured, adjusted by State Compensation Insurance Fund, Winston Rockefeller (Dec’d), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWINSTON ROCKEFELLER (dec’d),Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, adjusted by ST ATE COMPENSATION INSURANCE FUND,Defendants.Case No. AD.T8339009(Sacramento District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION …

Winston Rockefeller (Dec’d), vs. State Of California, Department Of Corrections And Rehabilitation, Legally Uninsured, Adjusted By State Compensation Insurance Fund, Read More »

Salvatore Puccio, vs. Online Graphics And Finishing; Employers Compensation Insurance Company,

Leave a Comment / Anaheim, California / By Ashish

Online Graphics And Finishing; Employers Compensation Insurance Company, Salvatore Puccio, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASALVATORE PUCCIO,Applicant,vs.ONLINE GRAPHICS AND FINISHING; EMPLOYERS COMPENSATION INSURANCE COMPANY,Defendants.Case No. ADJ8481702(Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant, Salvatore Puccio, seeks reconsideration of the Findings and Order, issued April 12, 2017, in which a workers’ …

Salvatore Puccio, vs. Online Graphics And Finishing; Employers Compensation Insurance Company, Read More »

Jesus Hernandez, vs. Warner Brothers Studios; Permissibly Self-insured,

Leave a Comment / California, Los Angeles / By Ashish

Jesus Hernandez filed a petition for removal with the Workers’ Compensation Appeals Board against Warner Brothers Studios, who were permissibly self-insured. The Board denied the petition for removal, finding that substantial prejudice or irreparable harm would not result if removal was denied and that reconsideration would be an adequate remedy if a final decision adverse to the petitioner ultimately issued.

May 2017