July, 2018 - CompFox

Maria Galera vs. California Department Of Social Services – Ihss, Legally Uninsured, Administered By York Risk Services Group, Inc. And Mainstream Support, Inc. By State Compensation Insurance Fund

Leave a Comment / California, Salinas / By Ashish

This case involves Maria Galera, an employee of the California Department of Social Services – IHSS, who was legally uninsured and administered by York Risk Services Group, Inc. and Mainstream Support, Inc. by State Compensation Insurance Fund. Galera filed a workers’ compensation claim for a cumulative trauma injury from October 26, 2014 through February 2015. The Workers’ Compensation Appeals Board granted the petition for reconsideration and amended the findings to defer the issue of Galera’s average weekly earnings, returning the matter to the trial level for further proceedings.

Manuel De La Rosa vs. County Of Los Angeles, Department Of Children And Family Services, Permissibly Self-insured

Leave a Comment / Anaheim, California / By Ashish

County Of Los Angeles, Department Of Children And Family Services, permissibly self-insured Manuel De La Rosa WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMANUEL DE LA ROSA, Applicant,vs.COUNTY OF LOS ANGELES, DEPARTMENT OF CHILDREN AND FAMILY SERVICES, permissibly self-insured, Defendants.Case No. ADJ1742290 (AHM 0121601) MFADJ3925391(AHM0074381)OPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimants Mesa …

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Martin Curtis vs. West Sonoma County High School District (psi) Administered By Redwood Empire Schools Insurance Group (tpa)

Leave a Comment / California, Santa Rosa / By Ashish

In this case, Martin Curtis, a former teacher for West Sonoma County High School District, filed a workers’ compensation claim for a cumulative injury to his bilateral knees. The case was settled by Stipulations With Request for Award, and a WCJ issued the Award on February 6, 2017. Curtis underwent a right total knee arthroplasty in July 2017 and a left total knee arthroplasty in January 2018. He subsequently experienced various complications including deep vein thrombosis, bilateral pulmonary emboli, and a right sided cerebral vascular accident [stroke]. The WCJ issued a Findings and Award on April 23, 2018, wherein the WCJ found in pertinent part that applicant is entitled to temporary total disability indemnity comm

Helena Beltran vs. Saeed Keshtar Dba Round Table Pizza; Wesco Insurance Company

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

In this case, Helena Beltran, an employee of Saeed Keshtar Dba Round Table Pizza, filed a petition for reconsideration of the Opinion and Order Dismissing Petition for Reconsideration of April 20, 2018. The petition arose from the dismissal of her Petition for Reconsideration of the Findings and Order (F&O) issued on February 2, 2018. The F&O found that Beltran did not sustain injury to her neck, arm, back, or nervous system and ordered that she take nothing. The Workers’ Compensation Appeals Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings.

Armen Balian vs. Ameritech Business System, Inc.; Norguard Insurance Company, Administered By Guard Insurance

Leave a Comment / California, Marina del Rey / By Ashish

This case involves a dispute between Ameritech Business Systems, Inc. and Norguard Insurance Company, Administered By Guard Insurance, and Armen Balian. The Second District Court of Appeal (Div. 7) remanded the matter to the Appeals Board to make an award of reasonable attorney’s fees to applicant’s counsel for services rendered in responding to defendant’s petition. The parties reached an agreement on the payment of attorney’s fees under Labor Code section 5801 in the amount of $12,500.00, which was approved by the Appeals Board. An award was made in favor of the applicant’s counsel for appellate attorney’s fees in the amount of $12,500.00.

Alvaro Juarez vs. J.c. Dominguez; Star Insurance Company Administered By Meadowbrook Insurance Group

Leave a Comment / Anaheim, California / By Ashish

In this case, J.C. Dominguez and Star Insurance Company Administered By Meadowbrook Insurance Group were defendants in a workers’ compensation case brought by Alvaro Juarez. Juarez had sustained an injury on October 26, 2015 while employed as a laborer for Dominguez. On April 23, 2018, Juarez signed the Stipulations and Juarez’s attorney signed on April 24, 2018. On April 25, 2018, the WCJ issued the Award. On May 16, 2018, Dominguez filed a Petition to Set Aside Award per Labor Code section 5803 and a Petition for Reconsideration contending that the Stipulations contained a mathematical error. The Petition for Reconsideration was dismissed and

Angel Moran vs. Select Staffing, Administered By Corvel

Leave a Comment / California, Marina del Rey / By Ashish

This case involves Angel Moran, an employee of Select Staffing, who is seeking removal of an order denying his motion to strike the panel QME and request for a replacement panel or IME in internal medicine. The WCJ denied the motion, but the Workers’ Compensation Appeals Board granted the removal and rescinded the order, returning the matter to the trial level for further proceedings.

Sheree Mizzi vs. Dal Poggetto And Company Llp; Preferred Employers Insurance Company

Leave a Comment / California, Oakland / By Ashish

In this case, Sheree Mizzi, the applicant, was injured while working for Dal Poggetto and Company LLP and Preferred Employers Insurance Company. The Workers’ Compensation Appeals Board granted reconsideration to further study the factual and legal issues in the case. The WCJ found that Mizzi sustained injury to her head, neck, right shoulder, back, and psyche, and that her permanent disability indemnity rate is maximum. The WCJ also found that Mizzi exercised due diligence in obtaining her vocational expert report, and that the record requires further development on the issue of permanent disability. The Board ultimately affirmed the WCJ’s Findings and Award and Opinion on Decision, finding that Mizzi had exercised due diligence in obtaining her

Kathy Kiesling vs. Charles V. Eckert Iii; Oak River Insurance Company; Administered By Berkshire Hathaway Homestate Companies; State Compensation Insurance Fund

Leave a Comment / California, Santa Barbara / By Ashish

Charles V. Eckert III; Oak River Insurance Company; administered by Berkshire Hathaway Homestate Companies; State Compensation Insurance Fund Kathy Kiesling WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATHY KIESLING, Applicant,vs.CHARLES V. ECKERT III; OAK RIVER INSURANCE COMPANY; administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ7811992ADJ7913183 (Santa Barbara Satellite Office)OPINION AND ORDER GRANTING …

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Barbara Joberg vs. Illuminations, Inc.; Arrowpoint Capital

Leave a Comment / California, Marina del Rey / By Ashish

(MON 0298983) (Marina Del Rey District Office) is a case in which the defendant, Illuminations, Inc. and Arrowpoint Capital, sought reconsideration of the April 24, 2018 First Amended Findings and Award After Development of the Record of the workers’ compensation administrative law judge (WCJ). The WCJ found that the applicant, Barbara Joberg, sustained industrial injury to several body parts while employed by the defendant, causing 100% permanent total disability and need for future medical treatment. The WCJ’s decision was affirmed, as the evidence supported the finding of total permanent disability caused by the February 2, 2001 industrial injury.

July 2018