January 2022

ARTEMIO LOPEZ vs. ALL WEATHER CONSTRUCTION & COATING; STATE COMPENSATION INSURANCE FUND

This case involves a dispute between Artemio Lopez, the applicant, and All Weather Construction & Coating and the State Compensation Insurance Fund, the defendants. Artemio Lopez claims to have sustained industrial injury to his neck, back, tailbone, upper extremities, bilateral knees, head, psyche, and sleep disorder when he fell off a ladder while employed by defendant on January 14, 2008. The defendants sought removal and reconsideration of the Order striking the reports of the panel qualified medical evaluator (PQME), issued by a workers’ compensation administrative law judge (WCJ) on November 8, 2011. The WCJ’s Order was an interim order, and not a final order as it did not determine any substantive right or liability

TERRIE L. HAYES, vs. MARRIOTT INTERNATIONAL, Permissibly Self-Insured,

In this case, Terrie L. Hayes (Applicant) sought reconsideration of a Findings and Order issued on October 21, 2011, which found that Marriott International (Defendant) had no obligation to pay Applicant temporary total disability at the present time. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration and dismissed the Petition to the extent it sought to challenge the January 16, 1998 Findings and Award, as it was untimely. The Board found that the time limit for filing a petition for reconsideration is jurisdictional and the Board lacks the power to grant an untimely petition.

BRIAN GARDNER vs. THERMO-KING, AMERICAN ALTERNATIVE INSURANCE, RISK ENTERPRISE MANAGEMENT (Claims Administrator)

and ADJ1184365 (VNO 0445790) was a case in which lien claimant, Advanced Orthopedics, sought reconsideration of the Findings and Order issued by the workers’ compensation administrative law judge (WCJ) on October 25, 2011. The petition for reconsideration was dismissed as untimely, as it was not filed within the 25 day time limit. The petition was also denied on the merits for the reasons stated by the WCJ’s Report and Recommendation on Petition for Reconsideration.

TERESA ESTRADA vs. KAISER PERMANENTE HOSPITAL; Permissibly Self-Insured

is a case involving Teresa Estrada and Kaiser Permanente Hospital, where Estrada is seeking reconsideration of the November 3, 2011 Minutes of Hearing, wherein the workers’ compensation administrative law judge set the matter for trial. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration because the November 3, 2011 decision was not a final order from which reconsideration may properly be sought.

BREANNA CLIFTON vs. SEARS HOLDING CORPORATION (KMART CORPORATION), Administered By SEDGWICK CMS, INC.

SEARS HOLDING CORPORATION (KMART CORPORATION), administered by SEDGWICK CMS, INC. BREANNA CLIFTON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABREANNA CLIFTON, Applicant,vs.SEARS HOLDING CORPORATION (KMART CORPORATION), administered by SEDGWICK CMS, INC., Defendants.Case No. ADJ7660641OPINION AND DECISION AFTER RECONSIDERATION            We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in this case. This is …

BREANNA CLIFTON vs. SEARS HOLDING CORPORATION (KMART CORPORATION), Administered By SEDGWICK CMS, INC. Read More »

JERRY CHAVEZ, Jr. vs. CITY OF VERNON; Permissibly Self-Insured

CITY OF VERNON; Permissibly Self-Insured JERRY CHAVEZ, Jr. WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJERRY CHAVEZ, Jr., Applicant,vs.CITY OF VERNON; Permissibly Self-Insured, Defendant.Case No. ADJ7318651OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant, City of Vernon, permissibly self-insured seeks reconsideration of the “Findings and Ruling and Award,” issued October 18, 2011, in which a workers’ compensation administrative law …

JERRY CHAVEZ, Jr. vs. CITY OF VERNON; Permissibly Self-Insured Read More »

WALTER CADENA vs. UNITED CARRIER; APPLIED RISK SERVICES

In this case, Walter Cadena is appealing a workers’ compensation administrative law judge’s (WCJ) order to undergo a deposition. Lien claimants, Global Interpreting and Healthcare Interpreting, are seeking reconsideration of the Minute Order issued October 25, 2011, arguing that it violates a prior Order of Consolidation for Discovery, issued June 10, 2011, by “Associate Chief Judge Mark L. Kahn” (ACJ Kahn). The Appeals Board dismissed the Petition for Reconsideration, but granted the Petition for Removal and ordered that the deposition of Vadim Vishnevsky shall be deferred pending the review of the WCJ’s Minute Order by ACJ Kahn to determine if the Minute Order is actually subject to

ROBERTO BARAJAS vs. FRESNO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

In this case, Roberto Barajas, an employee of the Fresno Unified School District, sustained an injury to his right wrist, hand, and fingers while working as a grounds keeper/gardener. The Workers’ Compensation Appeals Board found that the School District unreasonably delayed making permanent disability advances and imposed a 10% penalty on the delayed portions of permanent disability indemnity. The Board also held that due to the School District’s June 23, 2010 notice of offer of regular work, it could reduce its payments of permanent disability made after the date of the notice by 15%. The Board denied the School District’s petition for reconsideration and affirmed the Findings of Fact and Award.

GUSTAVO ACOSTA vs. NORM REEVES HONDA; TRAVELERS

is a case in which Gustavo Acosta, an employee of Norm Reeves Honda, filed a claim for continuous trauma injury to multiple parts of his body. The claim was denied by the defendants, citing that there was no claim filed prior to Acosta’s termination from the employer. Acosta argued that he had reported various injuries to representatives of the employer and had obtained medical treatment for the injuries prior to his termination. The Workers’ Compensation Appeals Board reviewed the record and found that Acosta could not prove that he met either of the exceptions to the bar of a claim filed post termination. The Petition for Reconsideration was denied.

HENRY SIMMONS vs. STATE OF CALIFORNIA DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND

and ADJ3900171 (LAO0854773) was a case between Henry Simmons, the applicant, and the State of California Department of Corrections and the State Compensation Insurance Fund, the defendants. The Workers’ Compensation Appeals Board dismissed the defendant’s Petition for Reconsideration and denied the Petition for Removal, finding that the order to develop the record was not a final order and that the defendant had failed to show that the order would result in significant prejudice or irreparable harm.