October, 2022 - CompFox

Alma Gutierrez, vs. Bank Of The West; American Casualty Co., Administered By Esis,

Leave a Comment / California, Oxnard / By Ashish

This case involves Alma Gutierrez, an employee of Bank of the West, who claims injury to her psyche and nervous system on November 20, 2012. Gutierrez filed a Labor Code section 132(a) claim alleging discrimination by the bank. The parties agreed to settle her claim via Compromise and Release for $75,000.00. Gutierrez then filed a Petition for Reconsideration of the Order Approving Compromise and Release, contending that benefits were improperly paid to her and that she did not intend to dismiss her section 132a claim as part of the settlement. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration as premature and recommended treating it as a petition to set aside and have the WCJ set

Mark Violante, vs. City Of Santa Cruz, Permissibly Self-insured,

Leave a Comment / California, Salinas / By Ashish

This case involves Mark Violante, who was employed as a fire captain from June 1, 1982 through February 4, 2010. The City of Santa Cruz was permissibly self-insured. The Workers’ Compensation Appeals Board granted reconsideration in order to allow time to further study the factual and legal issues in the case. The WCJ found that Violante sustained injury arising out of and occurring in the course of employment to his low back and that the date of injury for purposes of the state of limitations is January 12, 2015, the date on which Violante knew or should have known that he had an industrially-related injury and suffered compensable disability. The WCJ ordered the matter “Tylered” in order

Annette Valdez, vs. Southern California Gas Company; Southern California Gas Company Los Angeles,

Leave a Comment / California, Pomona / By Ashish

This case involves Annette Valdez and the Southern California Gas Company. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration because there was no final order by which applicant was aggrieved and because the petition was skeletal. The petition failed to state grounds upon which reconsideration was sought or to cite with specificity to the record.

Jorge Ramirez, vs. Mann Packing Company, Inc.; Zurich North America Insurance Company,

Leave a Comment / California, San Jose / By Ashish

This case involves Jorge Ramirez, Mann Packing Company, Inc., and Zurich North America Insurance Company. After both parties exercised challenges under Appeals Board Rule 10453, there were no remaining judges in the Salinas District Office, so the venue was changed to the San Jose District Office. The Presiding Judge in San Jose will set the matter for trial before Judge David Lauerman.

Sara Cazares vs. First Transit, Removal Inc., Administered By Sedgwick Claims Management Services

Leave a Comment / Bakersfield, California / By Ashish

In this case, Sara Cazares filed a petition for removal against First Transit, Removal Inc., administered by Sedgwick Claims Management Services. The Workers’ Compensation Appeals Board dismissed the petition as untimely, as it was filed after the 20-day deadline, and also because it lacked the required verification. Even if the petition had been timely, it would have been denied on the merits due to a lack of significant prejudice or irreparable harm.

RAMON MARTIN vs. BARRETT BUSINESS SERVICES, INC., Permissibly Self-Insured

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

In this case, the Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration of the May 28, 2014 Findings Of Fact, Award And Order of the workers’ compensation administrative law judge. The defendant’s attorneys had falsely alleged in the petition that the WCJ had engaged in judicial misconduct and unethical behavior with regard to the January 9, 2014 stipulation. The Appeals Board found that there was no violation of Canon 3(B)(7) of the California Code of Judicial Ethics and that the attorneys had acted in bad faith and frivolously. The Appeals Board issued a Notice of Intention to impose a sanction of $750 jointly and severally against the defendant’s attorneys.

JUVENCIO CORIA vs. VALCO PRECISION WORKS, INC.; NOVA CASUALTY COMPANY, Administered By YORK CLAIMS SERVICES

Leave a Comment / California, Long Beach / By Ashish

This case involves a petition for reconsideration filed by Juvencio Coria against Valco Precision Works, Inc. and Nova Casualty Company, administered by York Claims Services. The petition was dismissed as untimely because it was not filed within 25 days of the decision. The Joint Order Approving Compromise was issued on January 13, 2014.

CALVYN WHITE vs. DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured,

Leave a Comment / California, Sacramento / By Ashish

In this case, the Department of Social Services was found to be legally uninsured and the applicant, Calvyn White, was found to be entitled to medical treatment in the form of repairs to his wheelchair and assisted living at Atria, an assisted living facility. The Department of Social Services sought reconsideration of the decision, but it was denied. The Workers’ Compensation Appeals Board found that the Department of Social Services had failed to show that the provision of the previously authorized medical treatment was no longer reasonably required because of a change in the applicant’s condition or circumstances.

THELMA MANNING vs. CITY OF VACAVILLE; Permissibly Self- Insured, Administered By INNOVATIVE 8 CLAIMS SOLUTIONS, INC.,

Leave a Comment / California, Sacramento / By Ashish

This case involves Thelma Manning, an employee of the City of Vacaville, who sustained an industrial injury to her cervical spine, lumbar spine, bilateral upper extremities, bilateral shoulders, bilateral lower extremities, and as a compensable consequence, her internal systems and psyche. Thelma Manning filed an Application for Adjudication of Claim choosing venue based on her attorney’s place of business in Oakland. The City of Vacaville then filed a Petition for Change of Venue to Sacramento, which was granted by the WCJ. Thelma Manning then filed a Petition for Reconsideration, arguing that good cause to change venue was not established, that convenience to her and her counsel is given primary consideration over

MICHELLE MINICHIELLO-SMITH vs. TECHNICOLOR; ZURICH AMERICAN INSURANCE COMPANY; And TRISTAR 9 RISK MANAGEMENT (Claims Administrator)

Leave a Comment / California, Van Nuys / By Ashish

TECHNICOLOR; ZURICH AMERICAN INSURANCE COMPANY; and TRISTAR 9 RISK MANAGEMENT (Claims Administrator) MICHELLE MINICHIELLO-SMITH WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHELLE MINICHIELLO-SMITH, Applicant,vs.TECHNICOLOR; ZURICH AMERICAN INSURANCE COMPANY; and TRISTAR 9 RISK MANAGEMENT (Claims Administrator), Defendants.Case No. ADJ8729864Van Nuys District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant seeks reconsideration of the Findings and Award (F&A) issued by …

MICHELLE MINICHIELLO-SMITH vs. TECHNICOLOR; ZURICH AMERICAN INSURANCE COMPANY; And TRISTAR 9 RISK MANAGEMENT (Claims Administrator) Read More »

October 2022