CompFox Legal Research Highlights and Resources - May 2018

William Sigler vs. County Of Riverside, Permissibly Self-insured

Leave a Comment / California, Riverside / By

In this case, William Sigler, an employee of the County of Riverside, sought reconsideration of a Findings and Award issued jointly in two matters on March 14, 2018. The WCJ found that Sigler had sustained a 5% permanent disability as a result of a May 28, 2008 industrial injury to his back, but did not sustain a compensable consequence injury to his psyche. The WCJ also found that Sigler did not sustain an industrial injury on October 3, 2010. The Workers’ Compensation Appeals Board granted Sigler’s Petition for Reconsideration and rescinded the Findings and Award, returning the matter for further development of the medical record with regard to Sigler’s claim of injury to the psyche.

Kim Kelley vs. Interstate Brands Corp: Self-Insurers Fund OverviewKim Kelley vs. Interstate Brands Corp.; Self-insurers Security Fund, Administered By Tristar Risk Management

Leave a Comment / California, Van Nuys / By

This case involves a dispute between Kim Kelley, the applicant, and Interstate Brands Corp. and Self-Insurers Security Fund, administered by Tristar Risk Management, the defendant. The applicant seeks reconsideration of the Joint Order Approving Compromise and Release issued by the workers’ compensation administrative law judge on February 15, 2018. The Order approved a Medicare Set Aside in the amount of $36,396.00. The Appeals Board dismissed the Petition for Reconsideration, recommending that the applicant’s Petition be treated as a petition to set aside, including setting a hearing so applicant can provide evidence in support of her arguments and create a record, and the WCJ may issue a decision on the petition to set aside.

Maria Cuellar De Patlan vs. Gelsons Market; Springfield Insurance Company, Administered By Amtrust

Leave a Comment / California, Long Beach / By

In this case, Maria Cuellar De Patlan filed a lien for compensation for services provided to the applicant. The matter came on for a lien trial to determine whether section 4615 applied to the lien. The Workers’ Compensation Appeals Board granted the Petition for Removal, rescinded the WCJ’s Minute Order, and substituted a new order returning the matter to the WCJ to allow the parties to consider and list as evidence the documents now available on the Department of Industrial Relations website that in all likelihood obviate the need for the direct involvement of the anti-fraud unit.

Kathleen Camper vs. Val Verde Unified School District, Psi, Administered By Keenan & Associates

Leave a Comment / California, Riverside / By

Val Verde Unified School District, PSI, administered by Keenan & Associates Kathleen Camper WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATHLEEN CAMPER, Applicant,vs.VAL VERDE UNIFIED SCHOOL DISTRICT, PSI, administered by KEENAN & ASSOCIATES, Defendants.Case No. ADJ11029299 ADJ10664592 (Riverside District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Findings and Order …

Kathleen Camper vs. Val Verde Unified School District, Psi, Administered By Keenan & Associates Read More »

Michael Pineda vs. Covenant Transport; Gallagher Bassett

Leave a Comment / Anaheim, California / By

In this case, Michael Pineda, an employee of Covenant Transport, sustained an injury while on the job. The lien claimant, Rehab Solutions, filed a lien for $11,366 for durable medical equipment. The Workers’ Compensation Appeals Board denied the petition for reconsideration, finding that the lien claimant did not meet its burden of proof that the durable medical equipment was medically necessary and reasonable, and that the lien was disallowed in its entirety. The Board also found that the issue of whether the defendant failed to comply with an order was deferred and not subject to a petition for reconsideration.

Maricela Espitia Cruz vs. Snowcreek Resort Condominiums Imperium, Administered By Athens Administrators

Leave a Comment / California, Los Angeles / By

This case involves a petition for reconsideration and removal filed by Maricela Espitia Cruz against Snowcreek Resort Condominiums Imperium, administered by Athens Administrators. The Workers’ Compensation Appeals Board denied the petition for reconsideration and dismissed the petition for removal. The Board found that the petitioner had not demonstrated good cause for its failure to appear at the lien trial and that reconsideration, not removal, was the proper remedy.

Gabriela Arroyo vs. Stanford University; Zurich North America Insurance Company

Leave a Comment / California, San Francisco / By

This case involves Gabriela Arroyo, an employee of Stanford University, who sustained an industrial injury to her neck and thoracic spine while employed as a life science technician. After the parties entered into stipulations to resolve the underlying case, Arroyo requested a Panel Qualified Medical Evaluator (PQME) in psychiatry. The Workers’ Compensation Administrative Law Judge (WCJ) denied the request, finding that there was no evidence that Arroyo’s psychological condition was the subject of a new injury. Arroyo then filed a Petition for Removal, arguing that the WCJ’s decision would cause her to suffer significant prejudice and irreparable harm. The WCAB granted the Petition for Removal, rescinded the WCJ’s

Hector Yanez vs. State Of California – Department Of Corrections And Rehabilitation, Legally Uninsured, Administered By State Compensation Insurance Fund

Leave a Comment / California, Van Nuys / By

State Of California – Department of Corrections and Rehabilitation, legally uninsured, administered by State Compensation Insurance Fund Hector Yanez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHECTOR YANEZ, Applicant,vs.STATE OF CALIFORNIA-DEPARTMENT of CORRECTIONS and REHABILITATION, legally uninsured, administered by ST ATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ8532165ADJ10274610ADJ8532163 (Van Nuys District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION …

Hector Yanez vs. State Of California – Department Of Corrections And Rehabilitation, Legally Uninsured, Administered By State Compensation Insurance Fund Read More »

Jose Luis Mastache vs. Staffchex, Inc., Jessie Lord Bakery; California Guarantee Association For Ullico Casualty Company In Liquidation Through Its Servicing Facility Sedgwick Cms; Travelers Property Casualty Company Of America

Leave a Comment / California, Marina del Rey / By

Staffchex, Inc., Jessie Lord Bakery; California Guarantee Association for Ullico Casualty Company in Liquidation through its servicing facility Sedgwick CMS; Travelers Property Casualty Company Of America Jose Luis Mastache WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE LUIS MAST ACHE, Applicant,vs.STAFFCHEX, INC., JESSIE LORD BAKERY; CALIFORNIA GUARANTEE ASSOCIATION for ULLICO CASUALTY COMPANY in Liquidation through its servicing …

Jose Luis Mastache vs. Staffchex, Inc., Jessie Lord Bakery; California Guarantee Association For Ullico Casualty Company In Liquidation Through Its Servicing Facility Sedgwick Cms; Travelers Property Casualty Company Of America Read More »

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