January, 2020 - CompFox

Christopher Douglas (deceased) ; Amy Douglas (surviving Spouse & -. Guardian Ad Litem); Et Al., vs. California Department Of Forestry And Fire Protection, Legally Uninsured; California Public Employees Retirement System; And State Compensation Insurance Fund (claims Administrator)

Leave a Comment / California, Riverside / By Ashish

California Department Of Forestry And Fire Protection, Legally Uninsured; California Public Employees Retirement System; And State Compensation Insurance Fund (Claims Administrator) Christopher Douglas (Deceased) ; Amy Douglas (Surviving Spouse & -. Guardian Ad Litem); Et Al., WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRISTOPHER DOUGLAS (Deceased) ; AMY DOUGLAS (Surviving Spouse & -. Guardian Ad Litem); et al., …

Christopher Douglas (deceased) ; Amy Douglas (surviving Spouse & -. Guardian Ad Litem); Et Al., vs. California Department Of Forestry And Fire Protection, Legally Uninsured; California Public Employees Retirement System; And State Compensation Insurance Fund (claims Administrator) Read More »

Ramsey Alsayeh vs. Robertson’s Ready Mix, Permissibly Self-Insured

Leave a Comment / California, Riverside / By Ashish

Robertson’s Ready Mix, Permissibly Self-Insured Ramsey Alsayeh WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAMSEY ALSAYEH. Applicant,vs.ROBERTSON’S READY MIX, permissibly self-insured, Defendants.Case No.ADJ9289025OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award (F&A) issued on November 18, 2019by a workerso compensation administrative law judge (WCJ). The WCJ overruled the …

Ramsey Alsayeh vs. Robertson’s Ready Mix, Permissibly Self-Insured Read More »

Seyed Navid Mousavirad vs. Lafayette Park Hotel And Spa: Liberty Mutual

Leave a Comment / California, Oakland / By Ashish

In this case, Seyed Navid Mousavirad, an employee of Lafayette Park Hotel and Spa, filed a claim alleging that he was discriminated against in violation of Labor Code section 132a. The Workers’ Compensation Appeals Board found that Mousavirad failed to prove that the defendant discriminated against him and ordered that his claim be dismissed. The Board affirmed the decision, noting that there was no evidence that the defendant knew or should have known that Mousavirad had a work-related injury or that he might file a workers’ compensation claim. The Board amended the decision to state that Mousavirad shall take nothing on his claim, rather than that his claim is dismissed.

Carlos Garcia vs. Westcoast Waterproofing Service ; Patriot Risk Services Woodland Hills

Leave a Comment / California, Los Angeles / By Ashish

In this case, the lien claimant, Specialty Interpreters, sought reconsideration of an Order Disallowing Lien issued by the workers’ compensation administrative law judge. The WCJ had found that lien claimant was entitled to recover $495.00 for interpreter services calculated at a rate of $165.00 per hour, but had not awarded costs, penalties, interest or sanctions. The WCAB granted reconsideration, rescinded the Order, and returned the matter to the WCJ for further proceedings.

Richard Delarosa vs. State Of California, Department Of Corrections And Rehabilitation, Legally Uninsured, Administered By State Compensation Insurance Fund

Leave a Comment / California, San Bernardino / By Ashish

This case is about Richard Delarosa, a correctional officer for the State of California, Department of Corrections and Rehabilitation, who claimed a cumulative injury to his heart, resulting in hypertension, while employed by the defendant. After undergoing a triple coronary artery bypass surgery, Delarosa filed a Petition to Reopen for New and Further Disability. After a series of medical evaluations, the Workers’ Compensation Appeals Board denied the Petition for Reconsideration, finding that Delarosa sustained injury arising out of and in the course of employment to his thoracic spine, psyche, heart in the form of coronary disease, and skin disfigurement, that the injury caused 64% permanent disability, and that the permanent partial disability indemnity rate is $264

Mona Baldwin vs. Fresh & Easy, Llc, Administered Bv Aig Claim Services

Leave a Comment / California, Van Nuys / By Ashish

In this case, Fresh & Easy, LLC, administered by AIG Claim Services, sought attorney’s fees and costs from Mona Baldwin. The Workers’ Compensation Appeals Board granted reconsideration of the Joint Findings of Fact and Orders issued on November 7, 2019, wherein the workers’ compensation administrative law judge found that Baldwin’s attorney, Joseph M. Roberts, and his law firm, the Law Offices of Joseph M. Roberts, APC, engaged in tactics that they knew or should have known would cause unreasonable delay before the court and cause defendant to incur expenses. The Board affirmed the Findings of Fact and Orders, except that it amended it so that it did not impose sanctions, attorney’s fees or costs against the Law Offices of Joseph

Andria Streeter vs. Goodwill Serving The People Of Southern Los Angeles; United States Fire Insurance Company. Administered By Crum & Forster

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

In this case, Andria Streeter, the applicant, is appealing a decision by the Workers’ Compensation Appeals Board. The decision includes a finding of injury arising out of and in the course of employment, which is a threshold issue fundamental to the claim for benefits. The defendant has petitioned for reconsideration or removal of the decision, but the Appeals Board has denied the petition. The Board has determined that the decision is a final order subject to reconsideration, and that removal is an extraordinary remedy rarely exercised. The Board has also determined that the petitioner has not shown that significant prejudice or irreparable harm will result if removal is not granted, and that reconsideration will be an adequate remedy.

Marcelo Rodriguez vs. Panda Wok; Zenith Insurance Company

Leave a Comment / Bakersfield, California / By Ashish

In this case, Marcelo Rodriguez filed a Petition for Reconsideration against Panda Wok and Zenith Insurance Company. The Workers’ Compensation Appeals Board found that the petition was untimely and dismissed it. The Board noted that the petition must be filed within 25 days of the decision being served, and that proof of mailing is insufficient. The Board also noted that the time limit is jurisdictional and they have no authority to consider or act upon an untimely petition.

Santos Hernandez vs. Ilink Business Management, Inc.; State Compensation Insurance Fund; Aig For Commerce Ant

Leave a Comment / Anaheim, California / By Ashish

In this case, Santos Hernandez, the applicant, sought to join the Uninsured Employers Benefits Trust Fund (UEBTF) as a defendant. The Workers’ Compensation Appeals Board granted the Petition for Removal and joined the UEBTF as a party defendant. The Board also ordered all parties to serve the Director of Industrial Relations as Administrator of the UEBTF and the Office of the Director Legal Unit with copies of all medical reports and pleadings previously filed and to be filed with the Workers’ Compensation Appeals Board.

Luis Gonzalez vs. M. Y. Pacific Building Dba M Y Pacific Restoration; State Compensation Insurance Fund

Leave a Comment / California, Van Nuys / By Ashish

This case involves Luis Gonzalez, who is seeking removal of an October 23, 2019 Order Taking Off Calendar. The Workers’ Compensation Appeals Board denied the petition for removal, stating that removal is an extraordinary remedy rarely exercised and that the petitioner must demonstrate that substantial prejudice or irreparable harm will result if removal is not granted. The Board admonished both parties to refrain from engaging in behavior that may cause unnecessary delay in the resolution of the issues.

January 2020