November 2022

CORNELIO CAMPOS vs. GOURMETS FRESH PASTA; GALLAGHER BASSETT, INC.

Leave a Comment / California, Marina del Rey / By

GOURMETS FRESH PASTA; GALLAGHER BASSETT, INC. CORNELIO CAMPOS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACORNELIO CAMPOS, Applicantvs.GOURMETS FRESH PASTA; GALLAGHER BASSETT, INC., DefendantCase No. ADJ7873223(Marina del Rey District Office) ORDER DENYING PETITION FOR RECONSIDERATIONThis case involves a worker’s compensation claim filed by Cornelio Campos against Gourmets Fresh Pasta and Gallagher Bassett, Inc. The worker’s compensation administrative law judge (WCJ) recommended that the Petition for Rec

KELLI MCCOO vs. GORDON BIRCH; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY ITS SERVICING FACILITY, BROADSPIRE FOR CAL COMP/SUPERIOR NATIONAL INSURANCE COMPANY, IN LIQUIDATION

Leave a Comment / California, Los Angeles / By

In this case, Kelli McCoo was the applicant and Gordon Birch and the California Insurance Guarantee Association by its servicing facility, Broadspire for Cal Comp/Superior National Insurance Company, in Liquidation were the defendants. Khosrow Tabaddor, M.D. (lien claimant) sought reconsideration of the Findings and Order (F&O) issued in this case by the workers’ compensation administrative law judge (WCJ) on December 1, 2010. The WCJ found that there was an assignment of lien claimant’s lien to lien representative WSG & Associates (WSG) and that under Insurance Code section 1063.1, subdivision (c) (9) (b), defendant

ROBERTO HERNANDEZ vs. MILL VALLEY SCHOOL DISTRICT, Permissibly Self-insured; SUBSEQUENT INJURIES BENEFITS TRUST FUND

Leave a Comment / California, Santa Rosa / By

and ADJ2646453 (SRO0133845) is a case in which the Mill Valley School District, a permissibly self-insured entity, and the Subsequent Injuries Benefits Trust Fund (SIBTF) are defendants. The Workers’ Compensation Appeals Board granted the SIBTF’s petition for reconsideration and issued a notice of intention to receive two documents into evidence. The WCJ found that the applicant, Roberto Hernandez, had incurred industrial injuries to his right knee and psyche on July 12, 2004, and to his lumbar spine and psyche on October 12, 2004, while employed as a maintenance worker by Mill Valley, causing 8% and 95% permanent disability, respectively. The WCJ also found that Hernandez was

EDWARD ZEPEDA vs. CARNATION CO.; METLIFE INS. CO. OF CONNECTICUT, Administered By TRAVELERS

Leave a Comment / California, Pomona / By

CARNATION CO.; METLIFE INS. CO. OF CONNECTICUT, Administered by TRAVELERS EDWARD ZEPEDA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWARD ZEPEDA, Applicant,vs.CARNATION CO.; METLIFE INS. CO. OF CONNECTICUT,Administered by TRAVELERS, Defendants.Case No. ADJ7347492(Pomona District Office)OPINION AND ORDERS GRANTING PETITION FOR RECONSIDERATIONAND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of the Findings of Fact and Order issued August 20, 2012, …

EDWARD ZEPEDA vs. CARNATION CO.; METLIFE INS. CO. OF CONNECTICUT, Administered By TRAVELERS Read More »

FRANK TORRES vs. COUNTY OF KERN; PROBATION DEPARTMENT, Permissibly Self-insured

Leave a Comment / Bakersfield, California / By

and ADJ4407215 (BAK 0151114) is a case in which Frank Torres, an applicant, sought reconsideration of a Findings and Award issued in ADJ4407215 on September 5, 2012, in which a workers’ compensation administrative law judge (WCJ) found applicant sustained 1% permanent disability as a result of an industrial cumulative trauma injury to his left knee over the period of his employment as a probation officer through November 26, 2004. The WCJ found applicant did not sustain injury to his right ankle and was not in need of further medical treatment to cure and relieve him from the effects of the injury to his left knee. The WCJ granted reconsideration to amend the Findings and Award to award further medical

KAREN SWANSON vs. FRESNO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured

Leave a Comment / California, Fresno / By

FRESNO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured KAREN SWANSON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN SWANSON, Applicant,vs.FRESNO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Defendant.Case Nos. ADJ7817116ADJ7875974(Fresno District Office)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISIONAFTER RECONSIDERATION            Defendant seeks reconsideration of the September 6, 2012 Amended Findings and order1 wherein the workers’ compensation administrative law judge (WCJ) found that applicant …

KAREN SWANSON vs. FRESNO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured Read More »

JOSE RIVAS vs. CALIFORNIA CARPET, LLC And ICW GROUP

Leave a Comment / California, Oakland / By

In this case, Jose Rivas, an employee of California Carpet, LLC and ICW Group, filed a claim for workers’ compensation after sustaining an industrial injury to his lumbar spine and back. The treating physician recommended decompression along the posterior aspect of the L5-S1 level, but the defendants denied the surgery after utilization review. The Medical Unit of the Division of Workers’ Compensation assigned a second opinion physician, who recommended no surgery. After an expedited hearing, the WCJ found that applicant is entitled to the surgery requested by his primary treating physician. The defendants filed a Petition for Removal, requesting that the Appeals Board rescind the Findings and Award, and the Appeals Board granted the petition, rescinding the Find

SHAWNTAE PATT vs. FOOD 4 LESS; SEDGWICK CMS

Leave a Comment / California, Oxnard / By

In this case, the Workers’ Compensation Appeals Board granted the defendant’s petition for removal and rescinded the order dated June 28, 2012, which would have deprived the defendant of the opportunity to obtain an evaluation by a qualified medical evaluator. The Board ordered the applicant to make an appointment with the remaining QME and returned the matter to the trial level for further proceedings.

DIONE HERNANDEZ vs. ENTERPRISE RENT A CAR; Permissibly Self-Insured, Administered By AVIZENT ANAHEIM

Leave a Comment / California, Long Beach / By

In this case, the Workers’ Compensation Appeals Board denied the defendant’s Petition for Reconsideration of the August 30, 2012 Findings of Fact, which found that the applicant sustained injury arising out of and in the course of the employment to her back and right lower extremity on January 3, 2011. The Board found that the WCJ’s findings were supported by solid, credible evidence and were to be accorded great weight by the Appeals Board. The Board also noted that the employee bears the burden of proving, by a preponderance of the evidence, that his or her injury was sustained in the course of employment. The Board found that the medical records and testimony of the applicant’s supervisor corroborated the injury on January 3,

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