October 18, 2009

Tirsa Zuleta, vs. San Francisco Unified School District And Tristar,

In this case, the Workers’ Compensation Appeals Board denied the Petition for Removal filed by Tirs A Zuleta against the San Francisco Unified School District and Tristar. The Board adopted and incorporated the report of the workers’ compensation administrative law judge and denied the removal. The order was dated and filed at San Francisco, California on October 19, 2009 and service was made by mail on the same date.

Nadine Traylor, vs. The Boeing Company; Broadspire Claims Service, Administering For American Manufacturers Mutual Insurance Company; Aig,

(MON 0298550)This case involves a dispute between Nadine Traylor, the applicant, and The Boeing Company, Broadspire Claims Service, and American Manufacturers Mutual Insurance Company of the State of Pennsylvania (the defendant). The defendant filed a petition for reconsideration of the Order Approving Compromise and Release, which was issued by the Workers’ Compensation Appeals Board on September 23, 2009. The Order resolved the applicant’s claim for workers’ compensation benefits in exchange for payment of $15,000.00. The petition was dismissed as it was moot, as the issue had already been resolved by the parties.

Jose Angel Segura, vs. Linens ‘n Things, Zurich American Company, Administered By For Removal Broadspire; J.c. Honda Service, State Compensation Insurance Fund,

This case involves a dispute between Jose Angel Segura, the applicant, and Linens ‘N Things, Zurich American Insurance Company, administered by Broadspire, J.C. Honda Service, and the State Compensation Insurance Fund, the defendants. Zurich American Insurance Company seeks removal and/or reconsideration of the deferral of an issue, wherein the workers’ compensation administrative law judge deferred the issue of whether applicant sustained a continuous trauma injury and ordered the parties to obtain an agreed medical examination addressing the issue of whether or not applicant sustained a continuous trauma injury. The Workers’ Compensation Appeals Board dismissed Zurich’s Petition for Reconsideration because there was no order subject to reconsideration and denied Zurich’s Petition for Removal because there was no showing of substantial prejudice

James Pritchett, vs. Chipton-ross, Inc; State Icompensation Insurance Fund; Northrop Grumman Corporation; National Fire Insurance Company Of Pennsylvania,

This case involves a dispute between James Pritchett, Chipton-Ross, Inc., State Compensation Insurance Fund, Northrop Grumman Corporation, National Fire Insurance Company of Pennsylvania, and the California Insurance Guarantee Association (CIGA). Pritchett was injured while employed by Chipton-Ross and Northrop Grumman Corporation, and CIGA is adjusting the covered claims of the insolvent insurer of the general employer. The Workers’ Compensation Appeals Board granted reconsideration and reversed the finding of liability against CIGA, finding that CIGA is not liable for workers’ compensation benefits if they are covered by “other insurance” and that the joint and several liability of general and special employers is not extinguished by

Sydney Murphy, vs. City Of Carson; Tristar Los Angeles,

This case involves a dispute between Sydney Murphy, the applicant, and the City of Carson and Tristar Los Angeles, the defendants, over five separate claims of injury sustained by Murphy while employed as an equipment mechanic II. The Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration and granted the applicant’s petition for reconsideration, amending the Findings and Award in cases ADJ757328, ADJ2863896, and ADJ2549671 to add case ADJ3781001 to the caption and amending the Findings and Award in case ADJ2102438 to defer the issue of permanent disability.

Alfredo Munoz, vs. Borg Produce And Clarendon National Insurance Company,

Alfredo Munoz was injured at work on October 1, 2002 and sustained permanent disability of 65% after apportionment. The Workers’ Compensation Appeals Board granted reconsideration of the Findings Award and Order issued July 27, 2009, and rescinded the findings on permanent disability, apportionment and attorney fees, and returned the matter to the trial level for further proceedings and decision.

Michael Hamm, vs. Contractors Labor Pool; california Insurance Guarantee Association, For Reliance Insurance, In Liquidation,

CONTRACTORS LABOR POOL; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, for RELIANCE INSURANCE, In Liquidation, MICHAEL HAMM, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMICHAEL HAMM, Applicant,vs.CONTRACTORS LABOR POOL;CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, for RELIANCE INSURANCE, In Liquidation, Defendant(s).Case No. ADJ3660427 (OAK 0270080)ADJ1439099 (OAK 0339361)OPINION AND ORDERS GRANTING RECONSIDERATION, DISMISSING REMOVAL, AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of or, in the …

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Marilyn Forkner, vs. Apria Healthcare/aig Claims Services; Community Dialysis (vivra)/liberty Mutual Insurance Company,

In this case, Marilyn Forkner sought workers’ compensation from Apria Healthcare/AIG Claims Services; Community Dialysis (Vivra)/Liberty Mutual Insurance Company. The Workers’ Compensation Appeals Board granted a petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in the case. All further correspondence, objections, motions, requests and communications were to be filed with the Workers’ Compensation Appeals Board.

Lidia Chavez-esparza, vs. Amy’s Kitchen; Zurich North America, Administered By Gallagher Bassett Services,

In this case, Lidia Chavez-Esparza was found to have sustained an industrial cumulative trauma injury in the form of hypertension, diabetes and gastrointestinal problems, in addition to the admitted injury to her bilateral hands and knees, over the period of her employment as a food processor, ending April 28, 2005. The Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration with regard to the Employment Development Department’s lien, and reduced the defendant’s liability for the applicant’s award of permanent disability by the amount of EDD’s overlapping benefits. The Board also affirmed the WCJ’s finding that the opinion of Dr. Nacouzi constituted substantial medical evidence.

Alyse Callison, vs. Lowe’s; Specialty Risk La Habra,

LOWE’S; SPECIALTY RISK LA HABRA, ALYSE CALLISON, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALYSE CALLISON, Applicant,vs.LOWE’S; SPECIALTY RISK LA HABRA, Defendants.Case No. ADJ2188291 (SAC 0326657)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of a workers’ compensation administrative law judge’s (“WCJ”) Findings and Award of July 29, 2009, wherein the WCJ found that while …

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