June, 2017 - CompFox

Frances Stevens, vs. Outspoken Enterprises, Inc.; State Compensation Insurance Fund,

Leave a Comment / California, San Francisco / By Ashish

Outspoken Enterprises, Inc.; State Compensation Insurance Fund, Frances Stevens, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFRANCES STEVENS,Applicant,vs.OUTSPOKEN ENTERPRISES, INC.; STATE COMPENSATION INSURANCE FUND,Defendants.Case No. ADJ1526353 (SFO 0441691)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL State Compensation Insurance Fund (defendant) seeks reconsideration of our Opinion and Decision After Remittitur issued on May 19, 2017. …

Frances Stevens, vs. Outspoken Enterprises, Inc.; State Compensation Insurance Fund, Read More »

Maria Zapata Ojeda, vs. Select Staffing; Ace American Insurance Company, Administered By Esis,

Leave a Comment / California, Long Beach / By Ashish

Maria Zapata Ojeda was the applicant in a case against Select Staffing and Ace American Insurance Company, administered by Esis. Joyce Altman Interpreters, the lien claimant, sought reconsideration of the Findings and Order Imposing Sanction issued by the workers’ compensation administrative law judge (WCJ) on April 6, 2017. The WCJ had ordered sanctions in the amount of $1,000.00 jointly and severally against Joyce Altman Interpreters and its representative, Alcala & Associates. The WCJ filed a Report and Recommendation on Petition for Reconsideration (Report) recommending that lien claimant’s Petition for Reconsideration be denied. The Workers’ Compensation Appeals Board granted lien

Gerald Miller, vs. City Of Fresno, Permissibly Self-insured; Administered By American All-risk Loss Administrators,

Leave a Comment / California, Fresno / By Ashish

In this case, Gerald Miller is appealing a Second Amended Joint Findings of Fact and Award issued by a workers’ compensation administrative law judge (WCJ). The WCJ determined that Miller’s claims for injury to his psyche were barred due to his employer’s lawful, non-discriminatory good faith personnel actions. The WCJ obtained a December 9, 2015 supplemental report from Qualified Medical Evaluator (QME) Dr. Marcell Ponton, which he relied upon when issuing the April 7, 2017 Second Amended Joint Findings of Fact and Award. The Workers’ Compensation Appeals Board granted Miller’s Petition for Reconsideration and issued a Notice of Intention to admit the report in 15 days, absent written objection

Diana Diaz , vs. Duarte Unified School District (psi); Administered By York Risk Services Group (tpa),

Leave a Comment / California, Santa Barbara / By Ashish

, Duarte Unified School District (psi) administered by York Risk Services Group (tpa) and Diana Diaz were involved in a workers’ compensation case. The WCJ approved a compromise and release settlement which resolved all of the injury claims, and the WCJ issued an order approving compromise and release (OAC&R). Diaz filed a petition for reconsideration on May 2, 2017 seeking to have the compromise and release settlement set aside. The WCJ issued an order setting aside the OAC&R. The defendant then filed a petition for reconsideration of the May 4, 2017 order. The Appeals Board dismissed the defendant’s petition, granted removal on their own motion, vacated the Order, and returned the matter to the WCJ for further

Maria Solorio, vs. Jokar Enterprises; California Restaurant Mutual Benefit Corporation; Administered By American Claims Management,

Leave a Comment / California, Santa Ana / By Ashish

is a case in which Jokar Enterprises, through its insurer, California Restaurant Mutual Benefit Corporation, sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) decision to award payment to three lien claimants for medical treatment expenses incurred by applicant Maria Solorio for her June 16, 2009 industrial injury to her bilateral shoulders, cervical spine and psyche. The WCJ’s decision was affirmed with regard to two of the liens, but the lien of Brito’s Transportation was disallowed due to lack of substantial medical evidence to establish that the transportation services were reasonable and necessary medical treatment.

Maritza Lugo, vs. Fresno Unified School District, Permissibly Self-Insured And Self-Adjusted,

Leave a Comment / California, Fresno / By Ashish

, Maritza Lugo , Fresno Unified School District , Permissibly Self-Insured and Self-Adjusted , Navarro v. City of Montebello , Dr. Deshmukh , Dr. Aubrey Swartz , Mandatory Settlement Conference , Petition for Removal , Order Denying Emergency Stay Request , Panel Qualified Medical Evaluator , This case is about Fresno Unified School District’s (defendant) petition for removal of the Order Denying Emergency Stay Request (Order) issued by a workers’ compensation administrative law judge (WCJ) on April 5, 2017. The Order denied defendant’s request that applicant’s evaluation with Dr. Deshmukh, a second Panel Qualified Medical Evaluator (PQME),

Vince Ferragamo, vs. St. Louis Rams (formerly Known As Los Angeles Rams), California Insurance Guarantee Association For Fremont Indemnity Company, In Liquidation, And Home Insurance Company, In Liquidation; Buffalo Bills, Inc., Self-insured; Green Bay Packers; Northwestern National Insurance Company Merged With Highlands Insurance Company,

Leave a Comment / California, Santa Ana / By Ashish

St. Louis Rams (formerly known as Los Angeles Rams), California Insurance Guarantee Association for Fremont Indemnity Company, in liquidation, and Home Insurance Company, in liquidation; Buffalo Bills, Inc., self-insured; Green Bay Packers; Northwestern National Insurance Company merged with Highlands Insurance Company, Vince Ferragamo, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAVINCE FERRAGAMO,Applicant,vs.ST. LOUIS RAMS (formerly known as …

Vince Ferragamo, vs. St. Louis Rams (formerly Known As Los Angeles Rams), California Insurance Guarantee Association For Fremont Indemnity Company, In Liquidation, And Home Insurance Company, In Liquidation; Buffalo Bills, Inc., Self-insured; Green Bay Packers; Northwestern National Insurance Company Merged With Highlands Insurance Company, Read More »

Christine Chavez, vs. Young’s Market Company, Llc; Cannon Cochran Management Services, Inc.,

Leave a Comment / California, Van Nuys / By Ashish

is a case in which Young’s Market Company, LLC and Cannon Cochran Management Services, Inc. sought removal of an order issued by a workers’ compensation administrative law judge that stayed the deposition of Christine Chavez, the applicant, and Laura Werthemier-Hatch, the agreed medical evaluator, as well as a re-examination by Ernest Agatstein, the panel qualified medical evaluator. The Appeals Board granted the petition for removal and returned the matter to the trial level with instructions to the WCJ to schedule a Mandatory Settlement Conference on an expedited basis to afford the parties an opportunity to discuss and make their respective arguments on the need for additional discovery.

Troy Blankenship, vs. Southwest Offset Printing; Zurich American Insurance Company,

Leave a Comment / Anaheim, California / By Ashish

In this case, Troy Blankenship filed a Petition for Removal with the Workers’ Compensation Appeals Board of California. The Board considered the allegations of the Petition and the report of the workers’ compensation administrative law judge (WCJ). The Board denied the Petition for Removal, as they were not persuaded that substantial prejudice or irreparable harm would result if removal was denied, or that reconsideration would not be an adequate remedy if a final decision adverse to the petitioner ultimately issued. The Board ordered that the Petition for Removal be denied.

Isidra Acabal, vs. California Department Of Social Services/in-home Supportive Services, Administered By York Risk Services Group, Inc.,

Leave a Comment / California, Pomona / By Ashish

In this case, the California Department of Social Services/In-Home Supportive Services, administered by York Risk Services Group, Inc., was found to be in the wrong. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration as it was filed after the 25 day time limit. If the petition had been timely, it would have been denied on the merits for the reasons stated in the WCJ’s report.

June 2017