September, 2017

Anthony Tucker, vs. Diebold, Inc.; Zurich Norib America Administered By Broadspire,

Leave a Comment / Anaheim, California / By Ashish

(AHM0122055)In this case, Diebold, Inc. and Zurich Norib America, administered by Broadspire, sought reconsideration of a Findings and Award issued by a workers’ compensation administrative law judge. The judge found that the applicant was 100% disabled, had earnings of $927.75 per week, and that the defendant should pay a Labor Code 4650 penalty and a 10% Labor Code 5814 additional amount. The defendant argued that the applicant did not meet her burden to show that she was 100% disabled, that the vocational expert’s reports were not substantial evidence, and that the issue of penalties had already been resolved. The workers’ compensation appeals board granted the petition for reconsideration and amended the Find

Vicki Smith, vs. State Of California Department Of Developmental Services- Frank D. Lanterman State Hospital, Legally Uninsured, Administered By State Compensation Insurance Fund,

Leave a Comment / Anaheim, California / By Ashish

This case involves a Petition for Reconsideration filed by Vicki Smith against the State of California Department of Developmental Services- Frank D. Lanterman State Hospital, which is legally uninsured and administered by the State Compensation Insurance Fund. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, relying on the opinion of the agreed medical evaluator and finding that the record and Labor Code section 4662(b) support a finding of permanent total disability. The Board also noted that vocational expert testimony is not necessary for a finding of permanent total disability under section 4662(b).

Camilo Lopez, vs. Ptg Management Company; United States Fire Insurance Company; Adjusted By Crum & Forster,

Leave a Comment / California, Stockton / By Ashish

In this case, Camilo Lopez, an employee of PTG Management Company, sought workers’ compensation for an industrial injury to his right foot and right ankle. The Workers’ Compensation Appeals Board granted defendant’s Petition for Reconsideration and rescinded the Findings and Award, returning the matter to the trial level to allow the WCJ to amend her award accordingly. The Board also denied applicant’s Petition for Reconsideration, as they were rescinding the final award and returning the matter to the trial level. The Board granted reconsideration of the Findings and Award and issued a new award of 10% permanent disability.

Margaret Nadey, vs. Pleasant Valley State Prison, Permissibly Self-insured And Administered By State Compensation Insurance Fund,

Leave a Comment / California, Fresno / By Ashish

In this case, Margaret Nadey, an applicant, is suing Pleasant Valley State Prison, which is permissibly self-insured and administered by State Compensation Insurance Fund. The defendant seeks removal of the Order issued by the workers’ compensation administrative law judge (WCJ) on April 26, 2017, wherein the WCJ denied Defendant’s Motion to Compel disclosure of prior permanent disabilities pursuant to Labor Code section 4663 on the basis that defendant had other means of seeking the information. The Appeals Board granted removal, rescinded the Order, and returned the matter to the trial level for further proceedings. The Petition to Compel Disclosure does not include a timeframe for response, or mandate any particular method of response. The Appeals Board

Francisco Jimenez, vs. Ag Express Transportation; Applied Risk Omaha,

Leave a Comment / California, Los Angeles / By Ashish

is a case in which lien claimant and former applicant’s attorney Alan Tajer sought reconsideration of the Findings and Orders (F&O) issued on July 19, 2017 by the workers’ compensation administrative law judge (WCJ). The WCJ had ordered the $24,000.00 attorney’s fee split, with $18,000.00 to Ronald Ehrman, applicant’s attorney at the time of settlement and at the time of the filing of the claim, and $6,000.00 to Tajer, who represented applicant between Ehrman’s two representations. The Petition for Reconsideration was denied, as the WCJ found that Ehrman’s role was more significant and had divided the award accordingly.

Emma Butler, vs. Automobile Club Of Southern California, Legally Uninsured, The Hartford, Administered By Sedgwick Cms,

Leave a Comment / California, Van Nuys / By Ashish

In this case, the Automobile Club of Southern California petitioned for removal of the matter to the Appeals Board under Labor Code section 5310 and for an order rescinding the order issued by a workers’ compensation administrative law judge (WCJ) during a lien trial on July 26, 2017, permitting lien claimant, Optimal Health Institute, to amend its lien by increasing the lien amount from $23,965.61 to $62,337.22, and offer documentary evidence not previously disclosed. The WCJ denied the petition for removal and the matter was returned to the WCJ for the lien trial set for October 4, 2017.

Paul Bishop, vs. State Of California, Department Of Corrections; State Compensation Insurance Fund,

Leave a Comment / California, Eureka / By Ashish

was a case in which the lien claimant CCPOA Benefit Trust Fund sought removal of the “Notice Of Intention To Increase Sanctions, Take Judicial Notice Of Case No. ADJ4702870 And Setting Case For Trial On 9/18/17” (NIT) issued on July 26, 2017 by a workers’ compensation administrative law judge (WCJ). The WCJ gave notice to lien claimant of her intent to judicially notice the pleadings in Rubie Johnson v. Los Angeles Mental Health, ADJ4702870 absent a showing of good cause from lien claimant, and to set the matter for an evidentiary hearing. The Petition for Removal was denied due to the NIT being properly served and

Erin Inman, vs. Ventura Regional Sanitation District; Permissibly Self-insured; Administered By York Risk Services,

Leave a Comment / California, Oxnard / By Ashish

In this case, Erin Inman, an administrative/accounts payable employee for the Ventura Regional Sanitation District, sought reconsideration of a Findings and Award issued July 19, 2017, in which a workers’ compensation administrative law judge (WCJ) found her to have sustained 73% permanent disability as a result of an industrial cumulative trauma injury to her left wrist and reflex sympathetic dystrophy (RSD). Inman argued that the WCJ should have followed the opinion of the Agreed Medical Examiner (AME) Dr. Roger Sohn, who found her to be totally disabled as a consequence of her inability to use either hand. The Workers’ Compensation Appeals Board granted reconsideration to defer the determination of Inman’s permanent disability

Eunice Gonzalez, vs. 99 Only Stores; York Claims Services,

Leave a Comment / California, Long Beach / By Ashish

This case is about Eunice Gonzalez, who was injured at work and sought medical treatment from Monrovia Memorial Hospital. The employer, 99 Only Stores, objected to the treatment because it was outside of their medical provider network. The Workers’ Compensation Appeals Board granted reconsideration of the April 6, 2016 Findings and Order to further study the factual and legal issues. The Board determined that the employer was not providing treatment, so the applicant was entitled to treat outside the MPN. The Board rescinded the WCJ’s decision and returned the matter to the trial level for further proceedings and a new decision.

Luisa Sequeira, vs. Randstad Placement Pros; Ace American, Administered By Esis,

Leave a Comment / California, Van Nuys / By Ashish

This case involves Luisa Sequeira, who was employed on November 25, 2010 and sustained an industrial injury to her lumbar spine. The workers’ compensation administrative law judge (WCJ) found that she did not sustain an injury to her cervical spine and awarded her 20% permanent disability. Sequeira sought reconsideration of the WCJ’s decision, arguing that the declaration of readiness to proceed was defective because there was no report from her primary treating physician addressing the issue of permanent disability. After reconsideration, the Appeals Board affirmed the August 12, 2016 Findings, Award and Order, finding that the PQME provided substantial medical evidence sufficient to support an award of permanent disability and that the WCJ correctly relied on the P

September 2017