February, 2018 - CompFox

Jose Rodriguez (dec’d), Marcela Rodriguez (wife), Andrea Rodriguez (daughter), Isaac Espinoza (grandson) vs. Kenan Advantage Group, Inc.; American Zurich Insurance Company, Administered By Gallagher Bassett Services

Leave a Comment / California, Long Beach / By Ashish

In this case, Kenan Advantage Group, Inc. and American Zurich Insurance Company, administered by Gallagher Bassett Services, were defendants in a workers’ compensation case brought by Jose Rodriguez (Dec’d), Marcela Rodriguez (Wife), Andrea Rodriguez (Daughter), and Isaac Espinoza (Grandson). The parties agreed to use Joel Frank, M.D., as a psychiatric AME to evaluate whether the deceased employee’s suicide was caused by his industrial injury. The WCJ found that the AME must interview the deceased employee’s spouse and daughter, and report his findings thereafter. The WCJ also found that defendant obstructed this discovery in bad faith and ordered sanctions from defendant in the amount of $999.00, as well as

John Hayes vs. Home Care Assistance Llc; Oak River Insurance Co.; And Berkshire Hathaway Homestate Company

Leave a Comment / California, Los Angeles / By Ashish

John Hayes sought reconsideration of an Order Approving Compromise and Release issued by the workers’ compensation administrative law judge (WCJ) on December 28, 2017. The WCJ approved a settlement between Hayes and the defendant in the amount of $18,000.00 less permanent disability advances. Hayes contended that his settlement check was less than what was agreed upon. The Appeals Board dismissed the Petition for Reconsideration as premature and recommended treating it as a petition to set aside and that a hearing be set on the petition.

Maria Duran vs. Forever 21 Retail, Inc.; Chubb Group

Leave a Comment / California, Van Nuys / By Ashish

Forever 21 Retail, Inc.; Chubb Group Maria Duran WORKERS’ COMPENSATION APPEALS BOARD .STATE OF CALIFORNIAMARIA DURAN, Applicant,vs.FOREVER 21 RETAIL, INC.; CHUBB GROUP, Defendants.Case Nos. ADJ6766619 (MF)ADJ6766620 (Van Nuys District Office)OPINION AND DECISION AFTER RECONSIDERATION We previously granted reconsideration with regard to the decision filed on September 19, 2016, to provide us with sufficient opportunity to further …

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Craig Oliver vs. Allegis Group; Esis

Leave a Comment / California, Oakland / By Ashish

In this case, the Workers’ Compensation Appeals Board granted the defendant’s petition for removal of the Finding and Order Re: Additional QME Panel under 8 CCR § 32.6 issued by the workers’ compensation administrative law judge (WCJ) on May 9, 2017. The WCJ had ordered two additional qualified medical evaluator (QME) panels in internal medicine and pain medicine. The Appeals Board rescinded the Order and returned the matter to the trial level for further proceedings.

Kathy Tatick vs. County Of Santa

Leave a Comment / California, San Luis Obispo / By Ashish

This case involves a lien claimant, Ghitterman, Ghitterman & Feld, seeking reconsideration of a Findings and Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) which denied their lien. The WCJ issued the F&O after a mandatory settlement conference, where lien claimant did not appear. The WCJ recommended that the Workers’ Compensation Appeals Board deny reconsideration, but the Board rescinded the F&O and returned the matter to the WCJ for further proceedings. The Board noted that lien claimant must make a showing of entitlement to reimbursement for living expenses pursuant to the process outlined in Ornelas v. Santa Ana Unified School District, and that any amount owed to

Monica Roe vs. Trinity Property Consultants; Travelers Casualty Company Of America

Leave a Comment / California, Oakland / By Ashish

Trinity Property Consultants; Travelers Casualty Company Of America Monica Roe WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMONICA ROE, Applicant,vs.TRINITY PROPERTY CONSULTANTS; TRAVELERS CASUAL TY COMPANY OF AMERICA, Defendants.Case No. ADJ10206021 (Oakland District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of workers’ …

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Maximiliano Rodela vs. Pedro & Edelmira Velasquez Dba Llantera Ture Center

Leave a Comment / California, Los Angeles / By Ashish

Pedro & Edelmira Velasquez dba LLantera Ture Center Maximiliano Rodela WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMAXIMILIANO RODELA, Applicant,vs.PEDRO & EDELMIRA VELASQUEZ dba LLANTERA TIRE CENTER, Defendants.Case No. ADJ6946148 (Los Angeles District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant Maximiliano Rodela seeks reconsideration of the Findings of Fact and Order issued by …

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Paula Mckenney vs. Inland Valley Medical Center And Ace American Insurance Company, Administered By Sedgwick Cms

Leave a Comment / California, Long Beach / By Ashish

This case involves a dispute between Paula McKenney, the applicant, and Inland Valley Medical Center and Ace American Insurance Company, administered by Sedgwick CMS, the defendants. McKenney claimed injury to her cervical, thoracic, and lumbar spine, and to her left elbow, left hip, and psyche, while employed by the defendants as a certified nurse’s assistant on May 28, 2014. The defendants sought reconsideration of the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on December 04, 2017, wherein the WCJ found in pertinent part that applicant sustained injury to her neck, thoracic spine, lumber spine, left elbow, left hip and psyche and that her

Oscar Lopez vs. Employbridge, Llc Formerly Known As Select Staffing; Xl Insurance America, Inc., Administered By Corvel Corporation

Leave a Comment / California, Van Nuys / By Ashish

In this case, Employbridge, LLC formerly known as Select Staffing and XL Insurance America, Inc., administered by Corvel Corporation are defendants in a workers’ compensation case brought by Oscar Lopez. Lopez seeks reconsideration of the Order Approving Compromise and Release, claiming it was entered into in error. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration and recommended that the matter be treated as a Petition to Set Aside and considered at the trial level in the first instance. The Board noted that Lopez must provide evidence in support of his arguments and create a record upon which a decision can be made by the WCJ. After the WCJ issues a decision, either party may then timely seek reconsideration of that decision.

James Craig Sillers vs. City Of Pleasant Hill; Permissibly Self-insured Municipal Pooling Authority

Leave a Comment / California, Oakland / By Ashish

is a case in which the City of Pleasant Hill, a permissibly self-insured municipal pooling authority, sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) finding that applicant James Sillers was entitled to permanent disability indemnity at the maximum rate, based upon Labor Code section 4458.5. The WCJ determined that the claim was not barred by the statute of limitations, and that the applicant was entitled to permanent disability benefits at the rate of $290 per week, in a total amount of $72,500.00, less attorney’s fees. The Appeals Board denied the petition for reconsideration, affirming the WCJ’s determination that the applicant was entitled to the maximum rate of indemnity.

February 2018