October, 2017 - CompFox

David Herrera, vs. City Of Brea, Permissibly Self-insured, Administered By Keenan And Associates,

Leave a Comment / Anaheim, California / By Ashish

In this case, the City of Brea, permissibly self-insured and administered by Keenan and Associates, sought removal or reconsideration of a Findings and Order issued by the Workers’ Compensation Administrative Law Judge. The Findings and Order had determined that the opinion of the Qualified Medical Evaluator, Dr. Ann Allen, was not substantial evidence and ordered her reports and deposition testimony stricken from evidence. The Workers’ Compensation Appeals Board granted the Petition for Removal, rescinded the Findings and Order, and returned the matter to the WCJ for further proceedings.

Debra Chadwell, vs. Scully Distribution Services; Liberty Mutual Insurance Company,

Leave a Comment / California, Riverside / By Ashish

Scully Distribution Services; Liberty Mutual Insurance Company, Debra Chadwell, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADEBRA CHADWELL,Applicant,vs.SCULLY DISTRIBUTION SERVICES; LIBERTY MUTUAL INSURANCE COMPANY,Defendants.Case No. ADJ226850 (RIV 0064373)OPINION AND DECISION AFTER RECONSIDERATION We granted applicant’s Petition for Reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Applicant sought …

Debra Chadwell, vs. Scully Distribution Services; Liberty Mutual Insurance Company, Read More »

Estela Walle, vs. The Permanente Medical Group, Permissibly Self-insured, Adjusted By Athens Administrators,

Leave a Comment / California, Oakland / By Ashish

The Permanente Medical Group, permissibly self-insured, adjusted by Athens Administrators, Estela Walle, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAESTELA WALLE,Applicant,vs.THE PERMANENTE MEDICAL GROUP, permissibly self-insured, adjusted by ATHENS ADMINISTRATORS,Defendants.Case No. ADJ10477247(Oakland District Office)OPINION AND DECISION AFTER RECONSIDERATION We granted reconsideration in order to further study the factual and legal issues in this case. This is our Opinion …

Estela Walle, vs. The Permanente Medical Group, Permissibly Self-insured, Adjusted By Athens Administrators, Read More »

Jam Kwong, vs. State Of California, Department Of Corrections And Rehabilitation, Legally Uninsured; State Compensation Insurance Fund,

Leave a Comment / California, Sacramento / By Ashish

is a case involving Jam Kwong, an applicant, and the State of California, Department of Corrections and Rehabilitation, Legally Uninsured; State Compensation Insurance Fund, defendants. Jam Kwong was injured on March 6, 2015 and filed a petition for reconsideration. The Workers’ Compensation Appeals Board denied the petition after considering the allegations and the report of the workers’ compensation administrative law judge. The Board found that the judge’s credibility determination should be given great weight and there was no evidence of considerable substantiality to reject it. The Board concluded that Jam Kwong’s job duties as a Correctional Supervising Cook I included the supervision of inmates and protection of personal and real property, and that this was an integral part of his job. The petition

Pedro Sotelo, vs. Tri-State Employment Services, Inc. Dba Pirate Staffing, Inc.; California Insurance Guarantee Association For Lumbermen Underwriting Alliance In Liquidation; Sedgwick,

Leave a Comment / California, Long Beach / By Ashish

In this case, Pedro Sotelo was an applicant who claimed injury to his low back, neck, and right shoulder while employed as a warehouseman for Tri-State Employment Services, Inc. The defendant accepted liability for injury to the low back, but disputed injury to the neck and right shoulder. The parties agreed to use Dr. David Pechman as the Agreed Medical Evaluator (AME). The WCJ found that Sotelo had sustained injury to the low back, neck, and right shoulder, but reserved jurisdiction over the issues of permanent disability and apportionment and struck the reports of the AME. The defendant sought reconsideration of the Findings and Award and Order (F&A) issued by the WCJ,

Michael Wallace (Dec’d), Angela Johnson Wallace (Wife), vs. Long Beach Unified School District, Permissibly Self-insured, Administered By Tri-Star Risk Management,

Leave a Comment / California, Long Beach / By Ashish

Long Beach Unified School District, permissibly self-insured, administered by Tri-Star Risk Management, Michael Wallace (Dec’d), Angela Johnson Wallace (Wife), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL WALLACE (Dec’d), ANGELA JOHNSON WALLACE (Wife),Applicants,vs.LONG BEACH UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by TRI-STAR RISK MANAGEMENT,Defendants.Case No. ADJ9877506(Long Beach District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND NOTICE …

Michael Wallace (Dec’d), Angela Johnson Wallace (Wife), vs. Long Beach Unified School District, Permissibly Self-insured, Administered By Tri-Star Risk Management, Read More »

Tony Val, vs. Southern California Edison; Permissibly Self-Insured,

Leave a Comment / California, Los Angeles / By Ashish

Southern California Edison; Permissibly Self-Insured, Tony Val, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATONY VAL,Applicant,vs.SOUTHERN CALIFORNIA EDISON; Permissibly Self-Insured,Defendant.Case No. ADJ8567603(Los Angeles District Office)OPINION AND DECISION AFTER RECONSIDERATION We previously granted reconsideration to provide an opportunity to further study the legal and factual issues raised by the Petition for Reconsideration filed by applicant Tony Val. This is …

Tony Val, vs. Southern California Edison; Permissibly Self-Insured, Read More »

Valerie Trujillo, vs. Colton Joint Unified School District, Permissibly Self-Insured,

Leave a Comment / California, Pomona / By Ashish

In this case, Valerie Trujillo, a special education aide, sought workers’ compensation for injuries to her lumbar spine, right ankle, and psyche. The Workers’ Compensation Appeals Board granted her petition for reconsideration and amended the decision to defer the issue of permanent disability so that the WCJ can address the vocational expert evidence and applicant’s contention that she has overall permanent total disability. The WCJ was also instructed to incorporate the agreed medical evaluator’s finding of 35% WPI right ankle impairment into the calculation of permanent disability if the vocational evidence is rejected.

Machond Fields, vs. Oakland Unified School District, Permissibly Self-insured, Administered By Hazelrigg Claims Management,

Leave a Comment / California, Oakland / By Ashish

In this case, the Oakland Unified School District, permissibly self-insured and administered by Hazelrigg Claims Management, is being challenged by Machond Fields. The Workers’ Compensation Appeals Board has dismissed the Petition for Reconsideration filed by Fields due to it being skeletal and filed without proof of service on adverse parties. The Labor Code and Appeals Board Rules require that the petition must set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision or award made and filed by the appeals board or a workers’ compensation judge to be unjust or unlawful, and every issue to be considered by the appeals board. The petition must also be verified upon oath and contain a general statement of any evidence or other

Joan Phillips, vs. California Manpower Consortium; State Compensation Insurance Fund,

Leave a Comment / California, Redding / By Ashish

In this case, Joan Phillips sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Order of August 3, 2017, wherein it was found that she did not sustain industrial injury to her psyche while employed as a work force development coordinator during a cumulative period ending on August 13, 2013. The WCJ found that the California Manpower Consortium and the State Compensation Insurance Fund had successfully established a post-termination defense and a good faith personnel action defense which barred the applicant’s claim. The WCJ ordered that the applicant take nothing by way of her workers’ compensation claim. The Workers’ Compensation Appeals Board granted reconsideration, rescinded the Findings and Order of August 3,

October 2017