September, 2022

Joy A. Skeete-penegar (joy Penegar) vs. Bank Of America; Arrowood Indemnity Company

Leave a Comment / California, Van Nuys / By Ashish

In this case, Bank of America and Arrowood Indemnity Company were defendants in a workers’ compensation claim filed by Joy A. Skeete-Penegar (Joy Penegar). David Silver, M.D., and David Bresler, Ph.D., separately petitioned for reconsideration of the May 11, 2011 Findings And Award of the workers’ compensation administrative law judge (WCJ), who found that neither lien claimant “met their burden of proof to establish that their fees should be paid” above the amounts allowed by the Official Medical Fee Schedule (OMFS). The WCJ found that under the OMFS Dr. Bresler was entitled to an additional $6,435.00, plus $

Melvin Isaac vs. Paramount Pictures

Leave a Comment / California, Los Angeles / By Ashish

In this case, the Workers’ Compensation Appeals Board removed the case to itself and issued an order setting aside the WCJ’s March 28, 2011 Order Approving Compromise and Release and entered a new Order approving the parties’ Compromise and Release with addenda. The parties were allowed 20 days to submit written objection showing good cause why the compromise and release should not be approved with the addenda included on the form presented to the WCJ. No objections were received, so the Appeals Board approved the Compromise and Release with addenda and returned the cases to the trial level for further proceedings.

Meimy Awad, vs. County Of Los Angeles/usc Medical Center; Tristar Risk Management,

Leave a Comment / California, Van Nuys / By Ashish

In this case, Meimy Awad petitioned for removal from the Workers’ Compensation Appeals Board. The Board denied the petition, 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 found that, based on the analysis of the merits of the petitioner’s arguments, removal was not necessary. The petition was denied.

Robert Brunston, vs. Nelson Namplate Company And Travelers Property Casualty Company Of America,

Leave a Comment / California, Los Angeles / By Ashish

Nelson Namplate Company and Travelers Property Casualty Company Of America, Robert Brunston, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA ROBERT BRUNSTON,Applicant,vs.NELSON NAMPLATE COMPANY and TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA,Defendants.Case No. ADJ8316814(Los Angeles District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Applicant seeks reconsideration of the Findings, Award & Order (F&A) issued by …

Robert Brunston, vs. Nelson Namplate Company And Travelers Property Casualty Company Of America, Read More »

Patsy Vido, vs. Hancock Fabrics; Ace American Insurance Company, Administered By Esis,

Leave a Comment / Bakersfield, California / By Ashish

This case involves a Petition for Reconsideration filed by Patsy Vido against Hancock Fabrics and Ace American Insurance Company, administered by Esis. The Workers’ Compensation Appeals Board reviewed the allegations and the report of the workers’ compensation administrative law judge and denied the Petition for Reconsideration. The decision was dated and filed at San Francisco, California on September 22, 2017.

Miguel Cueva, vs. Pacific American Fish; Alaska National Insurance Co.,

Leave a Comment / California, Los Angeles / By Ashish

In this case, Miguel Cueva, an applicant, sought reconsideration of an Order Approving Compromise and Release and Award issued by the workers’ compensation administrative law judge (WCJ) on April 27, 2017. Cueva alleged that defendant unreasonably delayed or refused to pay the award issued in the Order and requested that defendant pay a 25% penalty plus reasonable attorney’s fees. The WCJ recommended that the Petition be denied, and the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration. The WCJ may address Cueva’s contentions at the November 9, 2017 status conference.

Santiago Flores, vs. Oc Complete Personnel; State Compensation Insurance Fund,

Leave a Comment / California, Pomona / By Ashish

(POM 0299283) is a case in which the defendant, OC Complete Personnel, sought reconsideration of the June 30, 2017 Findings of Fact wherein the workers’ compensation administrative law judge (WCJ) found that the applicant, Santiago Flores, sustained an industrial injury to his back on August 26, 2003 and that between August 26, 2003 and August 18, 2014, the matter was a contested claim. The defendant argued that the WCJ erred in finding that this matter was a contested claim, as the claim was accepted and the WCJ should not have relied on California Code of Regulations, title 8, section 9793(b)(4). The Appeals Board denied the petition for reconsideration, finding that the WCJ had

Mariano Castro, vs. Palm And Saturn Inc. Dba Farm Fresh Market; Employers Compensation Insurance Co.,

Leave a Comment / Anaheim, California / By Ashish

In this case, Mariano Castro, the applicant, is seeking removal of a Minute Order issued by a workers’ compensation administrative law judge (WCJ) that deferred all issues on lien claimant’s lien pending the final determination of the Department of Industrial Relations (DIR) proceedings against Steven Jay Rigler, D.C. The WCJ recommended that the Petition for Removal be denied because of defendant’s contention that applicant’s claim was filed as a result of the fraudulent referral activity of Dr. Rigler to which Dr. Rigler admitted and entered a guilty plea. The Appeals Board granted lien claimant’s Petition for Removal because defendant failed to meet its burden of proof to establish its defense to lien claimant’s lien based on the

Deanna Power, vs. St. John’s Regional Medical Center; Permissibly Self-Insured; Sedgwick Claims Management Services,

Leave a Comment / California, Santa Barbara / By Ashish

In this case, St. John’s Regional Medical Center, a permissibly self-insured entity, sought reconsideration of a decision by a workers’ compensation administrative law judge (WCJ) ordering the medical center to continue to provide applicant Deanna Power with medical treatment in the form of prescription medications Xyrem and Lunesta. The WCJ had found that the applicant’s Application for Independent Medical Review (IMR) was not untimely and ordered the Administrative Director to process the applicant’s Utilization Review (UR) appeal through the IMR process. The Appeals Board granted the reconsideration, rescinded the Findings of Fact and Award, and returned the matter to the trial level to provide the WCJ with the opportunity to make

Tripta Malhotra, vs. St. Joseph’s Medical Center, Permissibly Self-insured, Administered By Sedgwick Cms,

Leave a Comment / California, Stockton / By Ashish

This case is about Tripta Malhotra, a registered nurse for St. Joseph’s Medical Center, who claims injury to her left shoulder, cervical spine, back, bilateral knees, psyche, bilateral shoulders, bilateral arms, head, bilateral legs and nervous system on December 10, 2010 and from February 22, 2013 through February 22, 2014. The parties obtained a QME panel in orthopedics and Dr. Sloane Blair was chosen as the panel QME. Dr. Blair evaluated applicant on October 12, 2015 and initially served a report on all parties on November 17, 2015. Defendant objected to the report stating that it was not adequate and requested a replacement QME panel. Applicant requested a replacement QME panel as well. The

September 2022