Sacramento

David Sires vs. Con Quip, Inc.; The Sentry Insurance A Mutual Company

This case involves a worker’s compensation claim by David Sires against Con Quip, Inc. and The Sentry Insurance A Mutual Company. The Workers’ Compensation Appeals Board granted the Petition for Reconsideration to further study the factual and legal issues in the case. The WCJ found that Sires sustained industrial injury to his head, headaches, and psyche, but not to his back or faculties resulting in dizziness or cognitive problems; that Sires’ injury caused 10% permanent disability; and that Sires’ attorney was entitled to a fee of $518.00. The Board amended the Findings, Awards & Orders to allow an applicant’s attorney’s fee of $1,200.00.

Patrick C. O’brien vs. Warden’s Auto Repair ; State Compenst

(SAC 0332621) is a case in which Patrick C. O’Brien, an applicant, sought reconsideration of the April 13, 2010 Findings and Award of the workers’ compensation administrative law judge (WCJ) who denied his petition for commutation of the pension due him pursuant to the earlier July 23, 2009 stipulated award that issued as a result of the admitted industrial injury to his neck, back, upper extremities, abdomen, psyche, groin (hernia) and hemorrhoids while employed by Warden’s Auto Repair as a mechanic on December 26, 2002. The Appeals Board granted reconsideration and rescinded the denial of applicant’s petition for commutation and granted full commutation of the life pension due to applicant’s

STEPHEN HART vs. CHIEF AUTO PARTS/AUTO ZONE; WAUSAU INSURANCE/LIBERTY MUTUAL INSURANCE COMPANY

In this case, Stephen Hart, a parts manager, sustained an industrial injury to his right shoulder and left shoulder on May 27, 1999. He received a stipulated Award on August 27, 2003 and filed a timely petition to reopen. On August 27, 2009, he received a stipulated Award of an amount of temporary disability indemnity and an agreement that temporary total disability was ongoing. On December 21, 2009, he received a Findings and Award, finding that he was entitled to further medical treatment, including, but not limited to, surgery on his left shoulder. On June 9, 2011, the workers’ compensation administrative law judge (WCJ) filed a Findings and Order, finding that applicant’s left shoulder and right shoulder injury

THELMA MANNING vs. CITY OF VACAVILLE; Permissibly Self- Insured, Administered By INNOVATIVE 8 CLAIMS SOLUTIONS, INC.,

This case involves Thelma Manning, an employee of the City of Vacaville, who sustained an industrial injury to her cervical spine, lumbar spine, bilateral upper extremities, bilateral shoulders, bilateral lower extremities, and as a compensable consequence, her internal systems and psyche. Thelma Manning filed an Application for Adjudication of Claim choosing venue based on her attorney’s place of business in Oakland. The City of Vacaville then filed a Petition for Change of Venue to Sacramento, which was granted by the WCJ. Thelma Manning then filed a Petition for Reconsideration, arguing that good cause to change venue was not established, that convenience to her and her counsel is given primary consideration over

CALVYN WHITE vs. DEPARTMENT OF SOCIAL SERVICES, Legally Uninsured,

In this case, the Department of Social Services was found to be legally uninsured and the applicant, Calvyn White, was found to be entitled to medical treatment in the form of repairs to his wheelchair and assisted living at Atria, an assisted living facility. The Department of Social Services sought reconsideration of the decision, but it was denied. The Workers’ Compensation Appeals Board found that the Department of Social Services had failed to show that the provision of the previously authorized medical treatment was no longer reasonably required because of a change in the applicant’s condition or circumstances.

Mary Roby-lewis, vs. County Of Sacramento, Permissibly Self-insured,

COUNTY OF SACRAMENTO, Permissibly Self-Insured, MARY ROBY-LEWIS, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARY ROBY-LEWIS, Applicant,vs.COUNTY OF SACRAMENTO, Permissibly Self-Insured, Defendant.Case No. ADJ8898297(Sacramento District Office)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted the Petition for Reconsideration (Petition) filed by County of Sacramento, Permissibly Self-Insured (defendant) in order to allow sufficient opportunity to further study the factual and …

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Donald Wright vs. Federal Express Corporation, Permissibly Self Insured

is a case in which Donald Wright, the applicant, sought a separate medical evaluator for his cumulative trauma claim. The Workers’ Compensation Appeals Board denied the petition for reconsideration, finding that the decision was a final order subject to reconsideration, but that the petitioner had failed to demonstrate irreparable harm, substantial prejudice, or that reconsideration would not be an adequate remedy.

Daniela Schmidt vs. Contra Costa Court; Jbwcp

In this case, the Workers’ Compensation Appeals Board denied the Petition for Removal and Disqualification filed by Daniela Schmidt against the Contra Costa Court and JBWCP. The Board found that the petitioner had not demonstrated that substantial prejudice or irreparable harm would result if removal was denied, and that the Petition for Disqualification did not set forth facts, declared under penalty of perjury, that were sufficient to establish disqualification. The Board also reminded the parties that failure to cooperate on discovery could subject the offending party to sanctions.

Joanne Irving vs. Sacramento City Unified District; California Insurance Guarantee Associates

In this case, Joanne Irving petitioned for reconsideration and removal from 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 did not determine any substantive right or liability and did not determine a threshold issue, and thus was not a “final” decision. The Board also found that the petitioner did not demonstrate that substantial prejudice or irreparable harm would result if removal was not granted, and that reconsideration would be an adequate remedy if a final decision adverse to the petitioner ultimately issued.

Anthony Dennis vs. State Of California – Department Of Corrections And Rehabilitation Inmate Claims; State Compensation Insurance Fund,

State Of California – Department Of Corrections and Rehabilitation Inmate Claims; State Compensation Insurance Fund, Anthony Dennis WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTHONY DENNIS, Applicant,vs.STATE OF CALIFORNIA – DEPARTMENT OF CORRECTIONS AND REHABILITATION INMATE CLAIMS; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ9346293NOTICE OF INTENTION TO SUBMIT FOR DECISION (En Banc)We previously granted reconsideration to provide …

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