Oakland

This case involves Theresa Merenkov, an employee of Oracle USA, Inc., who sustained an industrial injury on December 8, 2012, to multiple body parts causing 50% permanent disability and a need for future medical treatment. The defendant, Safety National Casualty Company, administered by Matrix Absence Management, Inc., sought reconsideration of the July 31, 2014 Findings and Award, arguing that the finding of permanent disability was excessive and not correctly rated. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, finding that the Panel Qualified Medical Evaluator assigned correct whole person impairments and that the WCJ reasonably relied on the findings of the medical evaluator.

In this case, Stephino Brown, an applicant, filed a Petition for Reconsideration, Petition for Removal, and Petition for Disqualification against First Transit/First Group; Broadspire, Sedgwick, Adjusted by Gallagher Bassett. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration, denied the Petition for Removal, and dismissed the Petition for Disqualification. The Board found that the Order by which the applicant claimed to be aggrieved was not a “final order” within the meaning of Labor Code section 5902, and that no proceedings had been assigned to the PWCJ or any other WCJ.

In this case, Donna Fucheon was found permanently totally disabled and the Workers’ Compensation Appeals Board ordered defendant Zurich American Insurance to pay her counsel, Brian J. Thornton, fees of $181,883.97. Zurich American Insurance petitioned for reconsideration of the Order for Attorney Fees, arguing that filing a Petition for Writ on September 10, 2012 stayed the effect of the WCJ’s earlier August 16, 2012 Order. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, noting that filing a writ petition does not stay or suspend the effect of the disputed WCAB decision. The Board also noted that even without a court-ordered stay, applicant would require a certified copy of the Amended Findings, Award and Order

In this case, Jose Rivas, an employee of California Carpet, LLC and ICW Group, filed a claim for workers’ compensation after sustaining an industrial injury to his lumbar spine and back. The treating physician recommended decompression along the posterior aspect of the L5-S1 level, but the defendants denied the surgery after utilization review. The Medical Unit of the Division of Workers’ Compensation assigned a second opinion physician, who recommended no surgery. After an expedited hearing, the WCJ found that applicant is entitled to the surgery requested by his primary treating physician. The defendants filed a Petition for Removal, requesting that the Appeals Board rescind the Findings and Award, and the Appeals Board granted the petition, rescinding the Find

This case is about a lien claimant, the Law Offices of Graiwer & Kaplan, LLP, petitioning for reconsideration of an August 31, 2012 Order Dismissing Liens. The workers’ compensation administrative law judge dismissed the liens for failure to object to an August 1, 2012 Notice of Intention to Dismiss. The lien claimant argued that it accepted an offer from applicant’s present counsel, Boxer and Gerson, LLP, on August 27, 2012, thereby settling Graiwer & Kaplan’s claim for attorneys’ fees. The Petition for Reconsideration was dismissed because it was not clear how lien claimant believed that it had been aggrieved.

COSTCO WHOLESALE CORPORATION, Permissibly Self-Insured; SEDGWICK CMS SHIRLEY WASHINGTON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHIRLEY WASHINGTON, Applicant,vs.COSTCO WHOLESALE CORPORATION, Permissibly Self-Insured;SEDGWICK CMS, Defendants.Case Nos. ADJ2557593 (OAK 321451)ADJ7115613OPINION AND DECISION AFTER RECONSIDERATION            In order to further study the factual and legal issues in this case, on December 5, 2011, we granted applicant’s and defendant’s respective Petitions for …

SHIRLEY WASHINGTON vs. COSTCO WHOLESALE CORPORATION, Permissibly Self-Insured; SEDGWICK CMS Read More »

, and ADJ133202 were three cases involving Wanda Augustine, an employee of Federal Express, who claimed to have sustained injuries while working. The Subsequent Injuries Benefits Trust Fund (SIBTF) was not liable for the costs of a vocational rehabilitation expert’s evaluation, report, or testimony, as the costs were incurred prior to the filing of an application against SIBTF. The Workers’ Compensation Appeals Board returned the matter to the trial level for further proceedings and a new decision.

In this case, Tonia Mayo Price, an employee of Clark Construction Group, was injured on January 9, 2013 and was awarded continuing temporary disability from January 18, 2013, payable at the rate of $856.60, less credit for sums paid. Clark Construction Group, by and through its insurer, Zurich American Insurance Company, sought reconsideration of the Findings and Award and Order, claiming that the evidence did not justify the finding that applicant continues to be temporarily disabled. The Workers’ Compensation Appeals Board denied the petition for reconsideration, affirming the denial of Clark Construction Group’s petition to terminate applicant’s temporary disability and awarding applicant’s attorney fees as a cost.