December 2017

In this case, the California Insurance Guarantee Association for Tower Castlepoint Insurance, in liquidation, by its servicing facility Sedgwick Cms, and Sunset Masonry & Concrete, Inc. were defendants. Arturo Orozco was the applicant. Radiology Disc of Encino, a medical-legal provider, sought reconsideration of an October 9, 2017 Order taking this case off calendar. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration as it was not taken from a “final order, decision, or award” subject to reconsideration. The Board granted removal, rescinded the October 9, 2017 Order, and returned the matter to the trial level for further proceedings and a new decision. Radiology Disc should

This case involves John Estel, an applicant, and the Los Angeles County Metropolitan Transportation Authority, permissibly self-insured, defendant. Estel filed a claim for workers’ compensation, which was denied by a workers’ compensation administrative law judge on the basis of the going and coming rule. The Workers’ Compensation Appeals Board then granted Estel’s petition for reconsideration and rescinded the judge’s decision, finding that the special mission exception to the going and coming rule applied in this case. The defendant then sought reconsideration of the Board’s decision, but the Board denied the petition, finding that the defendant had not raised any legal or factual issue that had not already been raised at the trial level or in the Opinion, and that the

In this case, Rita Ghazarian, an applicant, is seeking reconsideration of a Findings and Award (F&A) issued by the workers’ compensation administrative law judge (WCJ) which found that she sustained injury to her neck, lumbar spine, bilateral knees, bilateral wrists, left hand, and bilateral shoulders and that the injury caused 10% permanent partial disability. Ghazarian contends that the physical examinations done at the medical-legal evaluations were not performed by the doctor, but were done by an unidentified assistant. The Workers’ Compensation Appeals Board granted reconsideration of the F&A and issued a Notice of Intention to Exclude Exhibits from Evidence (NIT). After considering the allegations in the Petition

This case involves an applicant, RJ Hall, who sustained an industrial injury to her head while working for defendant Western Medical and Sentry Insurance. The applicant’s treating physician, Dr. Patterson, submitted an expedited Request for Authorization (RFA) for medical treatment in the form of companion homecare, four hours per day, seven days a week for three months. The defendant denied the RFA as untimely, and an award of medical treatment was entered. The defendant sought reconsideration of the award or removal of the case to the Appeals Board, arguing that the RFA was not subject to the timeframe for an “expedited” request because it was not presented in proper form, and that the defendant had timely addressed the R