Los Angeles

Michael Jimenez vs. Sp Plus Security Services; Zurich American Insurance Company

This case is about Michael Jimenez, who was denied workers’ compensation benefits by the Workers’ Compensation Appeals Board. The defendant, SP Plus Security Services and Zurich American Insurance Company, sought reconsideration of the decision, but the petition was dismissed as it was untimely. The Board also admonished the defendant’s attorney for filing a meritless petition and for her apparent lack of familiarity with the Appeals Board’s Rules of Practice and Procedure.

Anoush Massihi vs. Occidental College; Seabright Insurance Company

OCCIDENTAL COLLEGE; SEABRIGHT INSURANCE COMPANY ANOUSH MASSIHI WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANOUSH MASSIHI, Applicant,vs.OCCIDENTAL COLLEGE; SEABRIGHT INSURANCE COMPANY, Defendants.Case No. ADJ8171717(Los Angeles District Office)ORDER DENYING PETITION FOR 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. …

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CLAUDIA ANDRADE vs. SOUTHERN CALIFORNIA EDISON; Permissibly Self-Insured

is a case involving Claudia Andrade and Southern California Edison, a permissibly self-insured company. On July 2, 2014, Arsineh Arakel, attorney for lien claimant Physical Rehabilitation Services, filed a Petition to disqualify the workers’ compensation administrative law judge (WCJ) Glass. The Labor Code section 5311 provides that a WCJ may be disqualified per Code of Civil Procedure section 641 which lists seven grounds for disqualification. The Petition was granted on the ground that the WCJ may have expressed or formed an opinion on the merits of the action, and the case was returned to the Presiding Judge for assignment to a different WCJ.

Kimberly Landi vs. Antelope Valley Hospital; Intercare Insurance Services,

This case involves a dispute between Kimberly Landi, an applicant, and Antelope Valley Hospital and Intercare Insurance Services, the defendant. The Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration and rescinded the April 13, 2010 Findings and Award issued by a workers’ compensation administrative law judge (WCJ). The WCJ had found that the applicant sustained industrial injury to her back, left knee, lower extremities, neurologic system and psyche while employed on March 19, 2001 as a registered nurse. The WCJ further found that applicant’s injury caused permanent total disability (100 percent) and a need for further medical treatment. The Appeals Board granted reconsideration due to the WCJ’s failure to provide sufficient explanation in the

Alesia Butler vs. Azimuth Technologies/american Home Assurance Company, Administered By Chartis Claims, Inc.

In this case, Alesia Butler sought reconsideration of an Opinion and Order Dismissing Removal, Granting Reconsideration and Decision After Reconsideration issued on April 23, 2010. The WCJ had rescinded the July 5, 2007 Order of Dismissal, but the Appeals Board found that the WCJ’s January 27, 2010 decision was void ab initio and that Butler could not proceed with her petition to reopen filed more than five years after the date of injury. The Appeals Board denied Butler’s petition for reconsideration, noting that she had failed to timely seek reconsideration after her case was dismissed and that she had failed to notify the WCAB of any address change.

RAFAEL TELLEZ vs. FIESTA MEXICAN MARKET, LLP; SPRINGFIELD INSURANCE COMPANY

In this case, Rafael Tellez was injured while working as a baker for Fiesta Mexican Market, LLP. He received a lump sum payment of $50,000 for his injuries. A third-party lien claimant, California Physician’s Network, sought to recover $104,578.90 for transportation services it claimed to provide Tellez in taking him to and from appointments with his physicians. The workers’ compensation administrative law judge allowed the lien of CPN, in the amount of $24,920.00, along with interest and penalties. The defendants sought reconsideration of the decision, arguing that the lien claimant did not meet its burden of proving that the transportation it provided was reasonable medical treatment, that the claimed transportation was outside of

Mario Chavez-pineda, vs. Cor-o-van/employers Leasing Co., St. Paul/travelers Insurance,

This case involves a worker’s compensation dispute between Mario Chavez-Pineda, the applicant, and Cor-O-Van/Employers Leasing Co. and St. Paul/Travelers Insurance, the defendants. The applicant sustained an industrial injury to his back, right lower extremity, and right knee on June 22, 2005, while employed as a mover. The defendants sought to terminate their liability for continuing temporary disability, citing the opinion of a panel Qualified Medical Evaluator (QME) that the applicant was permanent and stationary. The Workers’ Compensation Appeals Board granted reconsideration to amend the findings of fact with regard to the defendant’s liability for temporary disability, rescind the award of interim attorney fees, and return the matter for

KELLI MCCOO vs. GORDON BIRCH; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION BY ITS SERVICING FACILITY, BROADSPIRE FOR CAL COMP/SUPERIOR NATIONAL INSURANCE COMPANY, IN LIQUIDATION

In this case, Kelli McCoo was the applicant and Gordon Birch and the California Insurance Guarantee Association by its servicing facility, Broadspire for Cal Comp/Superior National Insurance Company, in Liquidation were the defendants. Khosrow Tabaddor, M.D. (lien claimant) sought reconsideration of the Findings and Order (F&O) issued in this case by the workers’ compensation administrative law judge (WCJ) on December 1, 2010. The WCJ found that there was an assignment of lien claimant’s lien to lien representative WSG & Associates (WSG) and that under Insurance Code section 1063.1, subdivision (c) (9) (b), defendant

YURI BARAJAS vs. KIMCO STAFFING SERVICES, Permissibly Self-Insured

; ADJ6779034KIMCO STAFFING SERVICES, Permissibly Self-Insured, appealed a decision by the workers’ compensation administrative law judge (WCJ) to take the issue of reasonableness/necessity of treatment off calendar. The Appeals Board granted the petition for removal and rescinded the WCJ’s decision, returning the matter to the trial level for further proceedings and decisions by the WCJ. The Board noted that the parties had had sufficient opportunity to discover and present evidence to support their claims, and that the WCJ should decide the case on the basis of the evidence provided.

Maria Campos, vs. Cola/martin Luther King Hospital #125 C/o Tristar Risk Management,

(LAO 0859849) is a case involving Maria Campos and Cola/Martin Luther King Hospital #125 c/o Tristar Risk Management. The Workers’ Compensation Appeals Board granted reconsideration and amended the Amended Findings and Award of August 20, 2009 to include the permanent and stationary date as February 2, 2007 and to defer the calculation of the permanent disability indemnity award, attorney’s fees, and commutation pending further proceedings and new determination by the WCJ.