January, 2021 - CompFox

Nelson Zaldana vs. CALI CONCRETE, INC.; AMTRUST NORTH AMERICA

Leave a Comment / Bakersfield, California / By Ashish

This case involves Nelson Zaldana, an applicant, and Cali Concrete, Inc. and Amtrust North America, defendants. Zaldana sought removal of the August 7, 2020 Minutes of Hearing, wherein the workers’ compensation administrative law judge (WCJ) set the case for a remote video trial. The WCJ prepared a Report and Recommendation on Petition for Removal (Report), recommending that the Petition be denied. The Appeals Board considered the Petition for Removal, the Answer, and the contents of the Report, and reviewed the record in this matter. The Appeals Board denied the Petition for Removal, and returned the case to the WCJ for further proceedings consistent with this decision.

Joshua Subia vs. COAST BUILDING PRODUCTS; ACE AMERICAN INSURANCE

Leave a Comment / California, San Jose / By Ashish

This case involves a worker’s compensation claim by Joshua Subia against his employer, Coast Building Products, and their insurance provider, ACE American Insurance. Subia claimed to have injured his left knee while carrying a bale of insulation to the fifth floor of the jobsite. His supervisor, Mr. Gibson, arrived shortly after the incident and reported that the bucket Subia claimed to have tripped over remained upright and still contained water. Subia sought medical attention and all subsequent medical visits attributed his knee trouble to the alleged injury. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, finding Subia’s testimony to be credible and that there was no evidence of considerable substantiality to reject the WCJ’s credibility determinations.

Shannine Mcconnell vs. COUNTY OF RIVERSIDE

Leave a Comment / California, Riverside / By Ashish

In this case, the Workers’ Compensation Appeals Board granted the defendant’s Petition for Reconsideration and amended the decision to defer the issues of temporary disability and the corresponding attorney fees. The matter was returned to the trial level for further proceedings and decision by the WCJ. The Board also struck Findings number 3 and Award letter (a) to allow development of the facts and issue.

Mark Vicario vs. Department Of Corrections-Ironwood; State Compensation Insurance Fund

Leave a Comment / California, Riverside / By Ashish

In this case, Mark Vicario, an applicant, was injured while employed as a correctional officer by Ironwood State Prison. Psychological Assessment Services filed a Notice and Request for Allowance of Lien in the amount of $6,920.36 on August 26, 2014. The matter proceeded to a lien conference on May 22, 2019, and was set for trial for July 15, 2019. On the morning of the trial, a representative appeared without a file and a letter of representation. The Workers’ Compensation Administrative Law Judge issued a Notice of Intention to Dismiss Liens for Non-Appearance at Lien Conference/Trial Pursuant to Title 8, California Code of Regulations Section 10562. The Workers’ Compensation Appeals

Javier Mondragon vs. Allied Waste Systems, Inc./ Republic Services; Ace American Insurance Company, Adjusted By Cannon Cochran

Leave a Comment / California, Oakland / By Ashish

In this case, Allied Waste Systems, Inc./ Republic Services and Ace American Insurance Company, adjusted by Cannon Cochran, are defendants in a workers’ compensation case brought by applicant Javier Mondragon. Mondragon is contesting the workers’ compensation administrative law judge’s award of 49% permanent disability, contending that the preponderance of the medical and vocational evidence establishes that he is permanently totally disabled. The Workers’ Compensation Appeals Board granted reconsideration, rescinded the Findings and Award and Orders, and returned the matter to the trial level to further develop the medical record by requiring the parties to obtain a new Functional Capacity Evaluation (FCE) and provide it to Agreed Medical Examiner Dr. Rosenberg for his consideration. Upon receipt of a new report

Fredric Johanson vs. San Ramon Valley Unified School District; Contra Costa County Schools Insurance Group

Leave a Comment / California, Oakland / By Ashish

San Ramon Valley Unified School District; Contra Costa County Schools Insurance Group Fredric Johanson WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAFREDRIC JOHANSON, Applicantvs.SAN RAMON VALLEY UNIFIED SCHOOL DISTRICT; CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP; DefendantsAdjudication Number: ADJ12349919 Oakland District OfficeOPINION AND DECISION AFTER RECONSIDERATION We granted reconsideration to further study the factual and legal issues in …

Fredric Johanson vs. San Ramon Valley Unified School District; Contra Costa County Schools Insurance Group Read More »

Elvisteen Davis vs. AC Transit; Permissibly Self-insured, Administered By SEDGWICK

Leave a Comment / California, Oakland / By Ashish

AC Transit; permissibly self-insured, administered by SEDGWICK Elvisteen Davis WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAELVISTEEN DAVIS, Applicantvs.AC TRANSIT; permissibly self-insured, administered by SEDGWICK, DefendantsAdjudication Number: ADJ6724179; ADJ6753150 Oakland District OfficeOPINION AND ORDER DENYING PETITIONS FOR RECONSIDERATION We have considered the allegations of the Petitions for Reconsideration and the contents of the report of the workers’ …

Elvisteen Davis vs. AC Transit; Permissibly Self-insured, Administered By SEDGWICK Read More »

Hector Carbajal vs. Geoffrey Stanford Morris/The Morris Law Group; Sentinel Insurance Company, Adjusted By The Hartford Insurance Company

Leave a Comment / Anaheim, California / By Ashish

Geoffrey Stanford Morris/The Morris Law Group; Sentinel Insurance Company, adjusted by The Hartford Insurance Company Hector Carbajal WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAHECTOR CARBAJAL, Applicantvs.GEOFFREY STANFORD MORRIS/THE MORRIS LAW GROUP; SENTINEL INSURANCE COMPANY, adjusted by THE HARTFORD INSURANCE COMPANY, DefendantsAdjudication Number: ADJ8899787 Anaheim District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant, who is in …

Hector Carbajal vs. Geoffrey Stanford Morris/The Morris Law Group; Sentinel Insurance Company, Adjusted By The Hartford Insurance Company Read More »

Ruben Fuentes vs. IHSS County Of Kern

Leave a Comment / Bakersfield, California / By Ashish

This case involves a petition for reconsideration and removal filed by Ruben Fuentes against IHSS County of Kern. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration and denied the petition for removal, as the petition was an intermediate procedural order that did not determine any substantive right or liability and did not determine a threshold issue. Removal was denied as the petitioner did not show that substantial prejudice or irreparable harm would result if removal was not granted, and did not demonstrate that reconsideration would not be an adequate remedy if a final decision adverse to the petitioner ultimately issued.

James Ward vs. ENTERTAINMENT PARTNERS/AIG; CAST & CREW ENTERTAINMENT/ZURICH; NBC UNIVERSAL/HELMSMAN

Leave a Comment / California, Van Nuys / By Ashish

ENTERTAINMENT PARTNERS/AIG; CAST & CREW ENTERTAINMENT/ZURICH; NBC UNIVERSAL/HELMSMAN James Ward WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAMES WARD, Applicantvs.ENTERTAINMENT PARTNERS/AIG;CAST & CREW ENTERTAINMENT/ZURICH;NBC UNIVERSAL/HELMSMAN, DefendantsAdjudication Numbers: ADJ8867335; ADJ8867339Van Nuys District OfficeOPINION AND ORDER DENYING PETITION FOR RECONSIDERATION[justify] Three Petitions for Reconsideration have been filed from the Joint Findings and Award, issued November 11, 2020. In that determination …

James Ward vs. ENTERTAINMENT PARTNERS/AIG; CAST & CREW ENTERTAINMENT/ZURICH; NBC UNIVERSAL/HELMSMAN Read More »

January 2021