Oxnard

Arnold Sayles, vs. Marian Regional Medical Center, Administered By Sedgewick Cms,

is a case in which Arnold Sayles, the applicant, sought removal via two separate Petitions for Removal in response to two actions taken by the workers’ compensation administrative law judge (WCJ). The first Petition for Removal was in response to the WCJ’s Order Denying Petition for Change of Venue, and the second Petition for Removal was in response to the WCJ closing discovery at the September 26, 2016 Mandatory Settlement Conference (MSC). The Workers’ Compensation Appeals Board dismissed the first Petition for Removal as moot and denied the second Petition for Removal, finding that the applicant had not demonstrated that substantial prejudice or irreparable harm would result if removal was not granted and that reconsideration would not be an adequate remedy if a final decision adverse to the

SHAWNTAE PATT vs. FOOD 4 LESS; SEDGWICK CMS

In this case, the Workers’ Compensation Appeals Board granted the defendant’s petition for removal and rescinded the order dated June 28, 2012, which would have deprived the defendant of the opportunity to obtain an evaluation by a qualified medical evaluator. The Board ordered the applicant to make an appointment with the remaining QME and returned the matter to the trial level for further proceedings.

RUTH CORONA vs. AUTUMN YEARS AT OJAI; PATRIOT RISK SERVICES

is a case in which Ruth Corona, a caregiver, filed a Petition for Reconsideration after the Workers’ Compensation Appeals Board issued a Findings and Award in favor of the defendants, Autumn Years at Ojai and Patriot Risk Services. The Petition for Reconsideration was denied due to the faulty verification, as well as the Court’s finding that the applicant’s testimony was neither credible nor reliable. The Court found that the evidence presented at trial did not support a finding of a specific injury to the applicant’s hip or spine.

Alma Gutierrez, vs. Bank Of The West; American Casualty Co., Administered By Esis,

This case involves Alma Gutierrez, an employee of Bank of the West, who claims injury to her psyche and nervous system on November 20, 2012. Gutierrez filed a Labor Code section 132(a) claim alleging discrimination by the bank. The parties agreed to settle her claim via Compromise and Release for $75,000.00. Gutierrez then filed a Petition for Reconsideration of the Order Approving Compromise and Release, contending that benefits were improperly paid to her and that she did not intend to dismiss her section 132a claim as part of the settlement. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration as premature and recommended treating it as a petition to set aside and have the WCJ set

MARTIN PEREZ vs. CARDINAL RESTAURANT SUPPLY ALASKA NATIONAL INSURANCE COMPANY

In this case, Martin Perez is appealing a decision made by the Workers’ Compensation Appeals Board. The Board has dismissed the Petition for Reconsideration and denied removal. The Board determined that the Petition for Reconsideration was not properly taken as it did not determine any substantive right or liability of those involved in the case. The Board also denied removal as Petitioner has not shown that there will be substantial prejudice or irreparable harm if removal is not granted or that reconsideration will be an inadequate remedy if a final decision adverse to petitioner ultimately issues.

Veronica L. Olejniczak vs. Airport Chevron; State Compensation Insurance Fund

This case is about Veronica L. Olejniczak, a cashier/stock clerk/custodial worker for Airport Chevron, who sustained an admitted injury on November 23, 1997 to her lumbar spine, cervical spine, and bilateral knees, as well as headaches, chronic pain, and psyche. She sought reconsideration of the Findings and Award, issued February 25, 2010, in which a workers’ compensation administrative law judge found her to have sustained 35% permanent disability as a result of her injury. The WCJ’s findings of permanent disability included a 40% apportionment of her psychiatric disability. The WCJ denied her petition for reconsideration, affirming the Findings and Award, as he found her permanent disability

ALTA DI LORENZO vs. EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE OF CALIFORNIA, Adjusted By STATE COMPENSATION INSURANCE FUND

EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE OF CALIFORNIA, adjusted by STATE COMPENSATION INSURANCE FUND ALTA DI LORENZO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALTA DI LORENZO, Applicant,vs.EMPLOYMENT DEVELOPMENT DEPARTMENT, STATE OF CALIFORNIA,adjusted by STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ3283444 (MON 0276187)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONAND DECISION RECONSIDERATION            Defendant seeks reconsideration of the June 22, 2011 Findings …

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Sharon Angell vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

SUBSEQUENT INJURIES BENEFITS TRUST FUND Sharon Angell WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHARON ANGELL, Applicantvs.SUBSEQUENT INJURIES BENEFITSTRUST FUND, DefendantsAdjudication Numbers: ADJ4145263 (VEN0120366)ADJ2903274 (OXN0124883)Oxnard District OfficeOPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL            Applicant seeks removal of the “Order to Applicant to Produce Documentation of Social Security Disability (SSD) Payments, Enforcing SIBTF’s Notice to …

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Bernardo Lozornio vs. Phillip And Pamela Webber; Allied Property And Casualty Insurance, Administered By Nationwide Des Moines

Phillip and Pamela Webber; Allied Property and Casualty Insurance, administered by Nationwide Des Moines Bernardo Lozornio WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIABERNARDO LOZORNIO, Applicantvs.PHILLIP AND PAMELA WEBBER; ALLIED PROPERTY AND CASUALTY INSURANCE, administered by NATIONWIDE DES MOINES, DefendantsAdjudication Number: ADJ10105133 Oxnard District OfficeOPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks …

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Dana Grace vs. Panino Santa Ynez; Employers Compensation Insurance Company.

In this case, Dana Grace, an employee of Panino Santa Ynez, sought workers’ compensation for an admitted industrial injury to her back, upper and lower gastrointestinal systems, psyche and in the form of sleep disorder, causing permanent total (100%) disability and the need for further medical treatment. Both the applicant and the defendant sought reconsideration of the workers’ compensation administrative law judge’s (WCJ) Findings of Fact and Award of November 13, 2019, which found that the applicant’s average weekly earnings were $473.00 per week. After reconsideration, the WCAB found that the applicant’s average weekly wage was $553.50 based on 40 hours per week at $1.50 per hour, plus her weekly