Luis Gonzalez (luis Gonzalez Valladeres) vs. San Cristobal Distributing: State Compensation Insurance Fund

In this case, Luis Gonzalez Valladeres (the applicant) was employed as a laborer on June 22, 2008 and sustained industrial injury to his ears, hands, neck, bilateral lower extremities, psyche, skin, internal organs, and in the form of burns to the face. The defendant, San Cristobal Distributing: State Compensation Insurance Fund, agreed to adjust or litigate outstanding liens as part of a Compromise and Release agreement. The Workers' Compensation Appeals Board granted reconsideration and amended the Findings of Fact and Award of August 16, 2010 to defer the issues of penalties and interest, and otherwise affirmed the decision. The lien claimants had the burden to establish a prima facie case of industrial injury

San Cristobal Distributing: State Compensation Insurance Fund Luis Gonzalez (Luis Gonzalez Valladeres) WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALUIS GONZALEZ (LUIS GONZALEZ VALLADERES), Applicant,vs.SAN CRISTOBAL DISTRIBUTING: STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ6448504OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration of a workers* compensation administrative ¡aw judge’s (WCJ) Findings of Fact and Award of August 16. 2010, wherein the WCJ allowed the medical treatment liens of Sherman Oaks Hospital and Grossman Medical Group. Previously in this case, in a Compromise and Rcica.se approved on January 20, 2009. in exchange for SI00.000, the applicant settled his claim that, while employed as a laborer on June 22. 2008. he sustained industrial injury to his ears, hands, neck, bilateral lower extremities, psyche, skin, internal organs, and in the form of burns to the face. As pan of the Compromise and Release agrectnc.it. the defendant agreed to adjust or litigate outstanding bens. In allowing the liens in the August 16. 2010 decision, lhe WCJ found that the applicant did. in fact, sustain industrial injury causing the need for medical treatment at Sherman Oaks Hospital and at the Grossman Medical Group.            Defendant contends that the WCJ erred in allowing the liens, arguing that the lien claimants did not carry their burden of proving that their medical services were caused by an industrial injury. Defendant also contends that the WCJ erred in finding the defendant “liable for penalties and interest.” arguing that penalty and interest issues were expressly deferred and not placed at issue at , the July 15. 20J0 trial.1 We have received answers from both lien claimanis. and ihc WCJ has filed a Repon and Recommendalion on Petition for Reconsideration (Report;.            In the Report, me WCJ acknowledges that the issue of penalties and interest was bifurca

To continue reading ... start a FREE Trial for 10 days

Discover the cases you didn’t know you were missing!

Copyright © 2023 - CompFox Inc.