EQUITY GROUP INVESTMENTS dba CHART HOUSE ENTERPRISES, INC.; CNA GROUP ROBERT SCHLEIFSTEIN WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROBERT SCHLEIFSTEIN, Applicant,vs.EQUITY GROUP INVESTMENTS dba CHART HOUSE ENTERPRISES, INC.; CNA GROUP, Defendants.Case No. ADJ909128 (OXN 0124367)OPINION AND ORDER GRANTING REMOVAL AND DECISION AFTERREMOVAL Defendant, Chart House Enterprises,1 seeks removal in response to the Findings and Award of December 21, 2011, in which the workers’ compensation judge (WCJ) found that on November 15, 1999, applicant sustained industrial injury while employed by Equity Group of Invest [sic] doing business as (dba) Chart House Entertainment, Chart House Enterprises, and Malibu Charthouse Restaurant, “whose workers’ compensation insurance carrier was Gallagher Bassett Las Vegas,” and that the reasonable reimbursement for transportation costs related to medical treatment pursuant to applicant’s prior ward is $944.94 per month, to be paid prospectively each month pending further order, jurisdiction reserved. Defendant contends that the WCJ’s decision is not supported by any evidence, that applicant’s “medical condition [does not] require that [he] be driven to and from medical treatment appointments [and] to and from his local pharmacy in a high-priced limousine, with built-in gratuity for the limousine company,” and that the WCJ’s decision will result in significant prejudice or irreparable harm. _______________________________________________1 In further proceedings at the trial level, the parties and the WCJ should clarify the correct identity of the defendants. In our December 7, 2009 decision, the defendant was Equity Group Investments dba Chart House Enterprises, Malibu Charthouse Restaurant, insured by CNA Group. In the instant decision, the WCJ adds other defendants and incorrectly identifies Gallagher Bassett Las Vegas, a third party administrator, as an insurer. Furthermore, Zurich American Insurance is list
ROBERT SCHLEIFSTEIN vs. EQUITY GROUP INVESTMENTS Dba CHART HOUSE ENTERPRISES, INC.; CNA GROUP
Equity Group Investments dba Chart House Enterprises, Inc. and CNA Group appealed a decision by the Workers' Compensation Judge (WCJ) that found that Robert Schleifstein, the applicant, sustained an industrial injury while employed by Equity Group of Invest [sic] doing business as (dba) Chart House Entertainment, Chart House Enterprises, and Malibu Charthouse Restaurant, and that the reasonable reimbursement for transportation costs related to medical treatment was $944.94 per month. The Appeals Board granted removal, rescinded the WCJ's decision, and returned the matter to the trial level for further proceedings and a new decision by the WCJ, based on a complete record.
- Filed On:
- Court: California, Oxnard
- Case No. ADJ909128
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