Everready Labor Service; And St. Paul Fire & Marine Insurance Company Oscar E. Canjura WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAOSCAR E. CANJURA, Applicant,vs. EVERREADY LABOR SERVICE; and ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendants.Case No. LAO 0796768OPINION AND ORDERSDISMISSING PETITION FORREMOVAL; GRANTINGRECONSIDERATION ANDDECISION AFTERRECONSIDERATION Defendant seeks reconsideration of, and removal from, the Supplemental Findings, Award and Orders of October 19, 2007, wherein the workers’ compensation administrative law judge (WCJ) found, in essence, that defendant “willfully and egregiously” failed to provide applicant with home health care and transportation, despite a prior November 2004 award of those medical treatment modalities, to cure or relieve applicant from the effects of the admitted industrial injury he sustained to his neurological system, back, right shoulder, knee, lower extremity, and hip, torso, neck, testicles, buttocks, psyche, and left upper and lower extremities and hip on June 5, 2001, while employed as a forklift operator by Everready Labor Service, St. Paul Fire & Marine Insurance Company’s insured on the date of injury. The WCJ also found that applicant’s family members provided applicant with home health care, at a reasonable value of $21.35 per hour, for 24 hours per day for the periods from May 28, 2002, through January 26, 2005, and from October 3, 2007, through October 19, 2007, and continuing and for a minimum of 4 hours per day for the periods from June 5, 2001, through May 27, 2002, and from January 27, 2005, through October 2, 2007, entitling applicant to in excess of $500,000 for the care provided by his family members. The WCJ also sanctioned defendant $10,000, payable to applicant, for defendant’s “willful unreasonable refusal to comply with the award of transportation” and penalized defendant, pursuant to Labor Code section 5814, “at a level of 25% for egregious, willful refusal to comp
Oscar E. Canjura vs. Everready Labor Service; And St. Paul Fire & Marine Insurance Company
This case involves a dispute between Oscar E. Canjura, the applicant, and Everready Labor Service and St. Paul Fire & Marine Insurance Company, the defendants. Canjura sustained an admitted industrial injury to his neurological system, back, right shoulder, knee, lower extremity, and hip, torso, neck, testicles, buttocks, psyche, and left upper and lower extremities and hip on June 5, 2001, while employed as a forklift operator by Everready Labor Service. The Workers' Compensation Appeals Board granted reconsideration of the Supplemental Findings, Award and Orders of October 19, 2007, rescinded the decision, and returned the matter to the trial level for further proceedings. The Board also dismissed the defendant's petition for
- Filed On:
- Court: California, Los Angeles
- Case No. LAO0796768
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