Eureka

County Of Humboldt, Permissibly Self- Insured, Adjusted By Corvel Corporation, Douglas Jackson, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADOUGLAS JACKSON,Applicant,vs.COUNTY OF HUMBOLDT, Permissibly Self- Insured, Adjusted By CORVEL CORPORATION,Defendants.Case No. ADJ9946508(Eureka Satellite Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the August 21, 2017 Findings and Order (F&O), wherein the …

Douglas Jackson, vs. County Of Humboldt, Permissibly Self- Insured, Adjusted By Corvel Corporation, Read More »

This case involves a worker, George Luks, who was employed as a correctional officer during a cumulative period ending on July 15, 2012. Luks sustained industrial injury to his knees, causing temporary disability from January 14, 2015 to January 25, 2017, subject to the 104-week limit of section 4656(c), and permanent disability of 20% after apportionment. The State of California, Legally Uninsured, argued that Luks was not entitled to temporary disability indemnity because of his retirement from the workforce and that he was entitled to further Labor Code section 4464 apportionment to a 3% award of permanent disability in case ADJ7854457. The Workers’ Compensation Appeals Board affirmed the finding of compensable temporary disability

First Group America, First Transit, Inc.; New Hampshire Insurance, by Gallagher Bassett Gary Emerson WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGARY EMERSON, Applicant,vs.FIRST GROUP AMERICA, FIRST TRANSIT, INC.; NEW HAMPSHIRE INSURANCE, by GALLAGHER BASSETT, Defendants.Case Nos. ADJ10200691OPINION AND DECISION AFTER RECONSIDERATION            We previously granted reconsideration in order to allow us time to further study the factual and …

Gary Emerson vs. First Group America, First Transit, Inc.; New Hampshire Insurance, By Gallagher Bassett Read More »

This case involves Robert Rodriguez, an employee of the State of California Department of Corrections & Rehabilitation, who filed a claim for injuries to his right shoulder, hand, thumb, left shoulder, knees, and feet. The State Compensation Insurance Fund argued that the claim was barred by the statute of limitations, but the Workers’ Compensation Appeals Board found that the statute of limitations was tolled due to the defendant’s failure to provide the claim form. The Board granted reconsideration to further study the factual and legal issues and ultimately rescinded the Findings and Award and returned the matter to the WCJ for further proceedings.

was a case in which the lien claimant CCPOA Benefit Trust Fund sought removal of the “Notice Of Intention To Increase Sanctions, Take Judicial Notice Of Case No. ADJ4702870 And Setting Case For Trial On 9/18/17” (NIT) issued on July 26, 2017 by a workers’ compensation administrative law judge (WCJ). The WCJ gave notice to lien claimant of her intent to judicially notice the pleadings in Rubie Johnson v. Los Angeles Mental Health, ADJ4702870 absent a showing of good cause from lien claimant, and to set the matter for an evidentiary hearing. The Petition for Removal was denied due to the NIT being properly served and

, State Of California Department Of Corrections, Calpers; State Compensation Insurance Fund State Employees, Tony Navarro (Deceased), Jennifer Navarro (Widow) case is about a worker’s compensation appeal for Tony Navarro, who died while employed by the State of California Department of Corrections. The widow, Jennifer Navarro, and two minor children filed an application for death benefits. The cause of death was disputed, with the coroner concluding it was due to gastric bleed due to hemorrhagic/erosive gastritis, while the Qualified Medical Examiner concluded it was due to ventricular fibrillation caused by multiple factors including the medication he was prescribed for his industrial orthopedic injuries. After a review of the evidence, the Workers’

In this case, Mark Eberwein filed a petition for reconsideration and removal with the Workers’ Compensation Appeals Board. The Board dismissed the petition to the extent it sought reconsideration and denied it to the extent it sought removal. The Board found that the decision of the workers’ compensation administrative law judge was an intermediate procedural or evidentiary issue and not a “final” order. The Board also found that petitioner did not demonstrate that substantial prejudice or irreparable harm would result if removal was denied and/or that reconsideration would not be an adequate remedy if the matter ultimately proceeded to a final decision adverse to petitioner.

In this case, Eduardo Vilches Cabrera was injured on the job in 2006 and was granted a Stipulations and Award in 2014. In 2015, an MRI revealed a material change in his condition and a second surgery was authorized. The Town of Scotia Co. Pacific Lumber, permissibly self-insured, administered by Tristar Risk Management, sought to take a deposition from Cabrera to determine if a new injury caused the material changes in his right knee that necessitated the surgery and to identify potential sources of reimbursement. The Workers’ Compensation Appeals Board granted the Petition for Removal and rescinded the Order, returning the matter to the trial level for further proceedings.

This case involves a lien claimant, CCPOA Benefit Trust Fund, who filed a Petition for Reconsideration from a decision by a workers’ compensation administrative law judge (WCJ) that found the lien claimant was not entitled to reimbursement of its lien for living expense payments it made to applicant Paul Bishop. The WCJ found lien claimant was not entitled to payment in the absence of an award of temporary disability and because lien claimant failed to coordinate benefits upon receipt of notice that State Compensation Insurance Fund was voluntarily paying overlapping temporary disability indemnity to applicant. After reconsideration, the Workers’ Compensation Appeals Board affirmed the WCJ’s decision, finding that lien claimant was not entitled to reimbursement under Labor Code section 4903.1 for