August, 2017 - CompFox

Billie Lauren, vs. Sunalp Laser Vision, Uninsured; Uninsured Employers Benefit Trust Fund,

Leave a Comment / California, Fresno / By Ashish

This case involves a petition for removal of an order appointing an independent medical evaluator issued by a workers’ compensation administrative law judge (WCJ) on March 7, 2017. The defendant, Sunalp Laser Vision, sought removal of the order, but the Workers’ Compensation Appeals Board denied the petition. The Board found that there was no prejudice or irreparable harm that would result from allowing the case to move forward and that reconsideration would be an adequate remedy if a final decision adverse to the petitioner ultimately issued.

Maria Galvan, vs. Pacific Building Care, Inc. And Travelers Property Casualty Company Of America,

Leave a Comment / California, Van Nuys / By Ashish

Pacific Building Care, Inc. and Travelers Property Casualty Company of America were taken to court by Maria Galvan, who claimed injury to her lumbar spine, right knee, right ankle, psyche, and gastrointestinal system. After reviewing medical records, the orthopedic Agreed Medical Examiner (AME) concluded that if the applicant did not have a weight loss surgery, then her condition would be considered permanent and stationary. The AME also concluded that the applicant had 19% whole person impairment and apportioned 50% of her disability to non-industrial factors. The AME later concluded that the applicant had a 5% impairment rating for her lumbar spine. The Workers’ Compensation Appeals Board granted the Petition for Reconsideration and

Jason Sullivan, vs. Vb Investments, Llc., And Southern Insurance Company By Firstcomp/ Markel Insurance Services,

Leave a Comment / California, Van Nuys / By Ashish

This case involves VB Investments, LLC., and Southern Insurance Company by Firstcomp/ Markel Insurance Services. The Pain Management Center (lien claimant) sought removal in response to an Order issued by the workers’ compensation administrative law judge (WCJ) on March 8, 2017, wherein the WCJ ordered the matter taken off calendar because lien claimant’s lien had been dismissed on August 31, 2016. The Workers’ Compensation Appeals Board denied the Petition for Removal, citing that the lien claimant had not responded to the Notice of Intent or to the Order dismissing its lien, and that the lien claimant had not sought reconsideration of the earlier order dismissing the lien.

Francisco Perez, vs. Massive Prints And Hartford/ Sentinel Insurance Company, Administered By Gallagher Bassett Services, Inc.,

Leave a Comment / California, Los Angeles / By Ashish

This case involves Francisco Perez, an embroidery machine operator, who claimed injury to his eyes, neck, upper extremities, shoulders, wrists, low back, lower extremities, and feet while employed by defendant Massive Prints and Hartford/ Sentinel Insurance Company, administered by Gallagher Bassett Services, Inc. The Qualified Medical Evaluator (QME) diagnosed the injury and found 8% whole person impairment (WPI) for his cervical spine, 5% WPI for his wrists, 3% WPI for his lumbar spine, and no impairment regarding his shoulders. The Workers’ Compensation Appeals Board granted reconsideration of the Findings and Award (F&A) issued by the workers’ compensation administrative law judge (WCJ

Elizabeth Martinez, vs. Uvp Llc; Berkley Regional Insurance Company,

Leave a Comment / California, Pomona / By Ashish

is a case in which Elizabeth Martinez, an applicant, sought reconsideration of the June 30, 2017 Findings of Fact issued by the workers’ compensation administrative law judge (WCJ). The WCJ found that Martinez sustained admitted industrial injury to her bilateral wrists and bilateral hands while employed as an assembler on August 18, 2014. The WCJ further found that Martinez was not entitled to payment of temporary disability for the period April 26, 2017 to present and continuing. The WCJ recommended that the petition for reconsideration be denied. The Workers’ Compensation Appeals Board granted reconsideration, amended the WCJ’s decision to defer the issue of temporary disability, and returned the matter to the trial level.

Emigdio Linares, vs. T – Rage, Corporation And Star Insurance Company, Administered By Illinois

Leave a Comment / California, Los Angeles / By Ashish

In this case, lien claimant Preferred Scan, Inc. sought Removal in response to the Order Dismissing Lien Claim issued by the workers’ compensation administrative law judge (WCJ) on January 30, 2013. The WCJ had dismissed lien claimant’s lien. The Workers’ Compensation Appeals Board dismissed the Petition for Removal because it was not filed timely. The Board found that the lien claimant failed to meet the time requirements for filing a petition for reconsideration pursuant to Labor Code section 5903 and thus had no jurisdiction to consider the matter.

Mirella Jimenez, vs. Sunalp Laser Vision, Uninsured; Uninsured Employers Benefit Trust Fund,

Leave a Comment / California, Fresno / By Ashish

This case involves Mirella Jimenez, an applicant, and Sunalp Laser Vision and the Uninsured Employers Benefit Trust Fund, defendants. The Workers’ Compensation Appeals Board denied the defendant’s petition for removal of an order appointing an independent medical evaluator, as removal is an extraordinary remedy rarely exercised by the Appeals Board and the defendant did not demonstrate that substantial prejudice or irreparable harm would result if removal was not granted.

Pearl Gonzales, vs. Sunalp Laser Vision, Uninsured; Uninsured Employers Benefit Trust Fund,

Leave a Comment / California, Fresno / By Ashish

is a case in which defendant Sunalp Laser Vision sought removal of an Order Appointing Independent Medical Evaluator issued by the workers’ compensation administrative law judge (WCJ). The WCJ recommended that removal be denied, and the Workers’ Compensation Appeals Board agreed, denying the petition for removal.

Erika Castro, vs. Sunalp Laser Vision, Uninsured; Uninsured Employers Benefit Trust Fund,

Leave a Comment / California, Fresno / By Ashish

is a case in which the defendant, Sunalp Laser Vision, sought removal of an order appointing an independent medical evaluator issued by the workers’ compensation administrative law judge. The Workers’ Compensation Appeals Board denied the petition for removal, finding that there was no prejudice or irreparable harm that would result from allowing the case to move forward and that reconsideration would be an adequate remedy if a final decision adverse to the petitioner ultimately issued.

Miguel Zavala, vs. Republic Services, Inc. And Ace American Insurance Company, Administered By Cannon Cochran Management Services, Inc.,

Leave a Comment / California, Oakland / By Ashish

In this case, Republic Services, Inc. and Ace American Insurance Company, administered by Cannon Cochran Management Services, Inc., appealed a decision by the Workers’ Compensation Appeals Board that found that Miguel Zavala had sustained an injury to his left elbow and that his injury caused 22% permanent disability. The Appeals Board granted the petition for reconsideration and rescinded the Findings and Award, returning the matter to the WCJ for further proceedings. The Board recommended that the record be further developed by obtaining a further opinion from the Agreed Medical Examiner.

August 2017