November 13, 2022

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

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, …

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

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

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 …

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JOSE RIVAS vs. CALIFORNIA CARPET, LLC And ICW GROUP

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

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

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,

HORTENCIA GARCIA vs. WHITE APRON, INC.; ZURICH NORTH AMERICA

In this case, Hortencia Garcia (applicant) sought reconsideration of the Findings and Order (F&O) issued in this case by the workers’ compensation administrative law judge (WCJ) on August 20, 2012, which found that applicant did not sustain injury to her left wrist on August 31, 2010. The Workers’ Compensation Appeals Board denied the petition for reconsideration, finding that the presumption of compensability in section 5402, subdivision (b) does not apply to applicant’s claimed injury to her left wrist, and that applicant did not present substantial medical evidence to support injury to her left wrist.

DONNA FUNCHEON vs. SAN LEANDRO HOSPITAL; CNA CLAIMS PLUS; AMERICAN CASUALTY; ZURICH AMERICAN INSURANCE CO.

In this case, Donna Fucheon was found permanently totally disabled and the Workers’ Compensation Appeals Board ordered defendant Zurich American Insurance to pay her counsel, Brian J. Thornton, fees of $181,883.97. Zurich American Insurance petitioned for reconsideration of the Order for Attorney Fees, arguing that filing a Petition for Writ on September 10, 2012 stayed the effect of the WCJ’s earlier August 16, 2012 Order. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, noting that filing a writ petition does not stay or suspend the effect of the disputed WCAB decision. The Board also noted that even without a court-ordered stay, applicant would require a certified copy of the Amended Findings, Award and Order

RAYEK J. FAHOUM vs. KAISER FOUNDATION HOSPITAL, Permissibly Self-Insured

KAISER FOUNDATION HOSPITAL, Permissibly Self-Insured RAYEK J. FAHOUM WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAYEK J. FAHOUM, Applicant,vs.KAISER FOUNDATION HOSPITAL, Permissibly Self-Insured, Defendant.Case No. ADJ237483 (VNO 0462699)ORDER DENYING RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based …

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