Salinas

KARI MOULTHROP vs. SUTTER MEDICAL FOUNDATION/PALO ALTO MEDICAL FOUNDATION, Permissibly Self-insured, Adjusted By SUTTER HEALTH SUPPORT SERVICES,

SUTTER MEDICAL FOUNDATION/PALO ALTO MEDICAL FOUNDATION, permissibly self-insured, adjusted by SUTTER HEALTH SUPPORT SERVICES, KARI MOULTHROP WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKARl MOULTHROP, Applicant,vs.SUTTER MEDICAL FOUNDATION/PALO ALTO MEDICAL FOUNDATION, permissibly self-insured, adjusted by SUTTER HEALTH SUPPORT SERVICES, Defendants.Case No. ADJ6454697(Salinas District Office)ORDER DENYING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration …

KARI MOULTHROP vs. SUTTER MEDICAL FOUNDATION/PALO ALTO MEDICAL FOUNDATION, Permissibly Self-insured, Adjusted By SUTTER HEALTH SUPPORT SERVICES, Read More »

Guadalupe Benavides vs. Salinas Valley Memorial hospital; Permissibly Self-insured, Administered By Acclamation Insurance Management Services

SUMMARY: In this case, the defendant sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings and Award of April 13, 2010, wherein it was found that, while employed as a maintenance worker/custodian on November 22, 2006, applicant sustained admitted industrial injury to the right knee, causing permanent disability of 19%. The defendant argued that the WCJ should have found 75% of the applicant’s permanent disability apportionable to nonindustrial factors. The Appeals Board granted reconsideration, rescinded the Findings and Award of April 13, 2010, and returned the matter to the trial level so that the WCJ may issue a final decision incorporating the opinion of the

Mark Violante, vs. City Of Santa Cruz, Permissibly Self-insured,

This case involves Mark Violante, who was employed as a fire captain from June 1, 1982 through February 4, 2010. The City of Santa Cruz was permissibly self-insured. The Workers’ Compensation Appeals Board granted reconsideration in order to allow time to further study the factual and legal issues in the case. The WCJ found that Violante sustained injury arising out of and occurring in the course of employment to his low back and that the date of injury for purposes of the state of limitations is January 12, 2015, the date on which Violante knew or should have known that he had an industrially-related injury and suffered compensable disability. The WCJ ordered the matter “Tylered” in order

Colleen Sass vs. ENCOMPASS COMMUNITY SERVICES; LWP CLAIMS; NEW YORK MARINE And GENERAL INSURANCE COMPANY,

ENCOMPASS COMMUNITY SERVICES; LWP CLAIMS; NEW YORK MARINE and GENERAL INSURANCE COMPANY, Colleen Sass WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACOLLEEN SASS, Applicantvs.ENCOMPASS COMMUNITY SERVICES;LWP CLAIMS; NEW YORK MARINE and GENERAL INSURANCE COMPANY, DefendantsAdjudication Number: ADJ11416708Salinas District OfficeOPINION AND ORDERGRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Defendant seeks reconsideration/removal of the November 17, 2020 Findings and …

Colleen Sass vs. ENCOMPASS COMMUNITY SERVICES; LWP CLAIMS; NEW YORK MARINE And GENERAL INSURANCE COMPANY, Read More »

Jose Juan Barajas Contreras vs. SABOR FARMS; ZURICH AMERICAN INSURANCE COMPANY

This case involves a dispute between Jose Juan Barajas Contreras, the applicant, and Sabor Farms and Zurich American Insurance Company, the defendants. The applicant alleged that he sustained an industrial injury to his neck while employed as a seasonal tractor driver on May 14, 2017. The Workers’ Compensation Appeals Board found that the applicant’s claim was not barred by the statute of limitations and that he had sustained a specific injury despite the fact that he had alleged a cumulative injury in his Application for Adjudication of Claim. The Board denied the defendant’s Petition for Reconsideration and found that the defendant had failed to prove that the statute of limitations had begun to run and that the applicant had obtained actual knowledge of his workers’ compensation rights.

Michael Strauss vs. State Of California, Department Of Corrections And Rehabilitation, Lawfully Uninsured; And State Compensation Insurance Fund (Third Party Claims Administrator)

State of California, Department of Corrections and Rehabilitation, Lawfully Uninsured; and State Compensation Insurance Fund (Third Party Claims Administrator) Michael Strauss WORKERS’ COMPENSATION APPEALS BOARD STATE OF CALIFORNIAMICHAEL STRAUSS, Applicantvs.STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, Lawfully Uninsured; andSTATE COMPENSATION INSURANCE FUND (Third Party Claims Administrator), DefendantsAdjudication Numbers: ADJ10002697 & ADJ10005982 Salinas District OfficeOPINION …

Michael Strauss vs. State Of California, Department Of Corrections And Rehabilitation, Lawfully Uninsured; And State Compensation Insurance Fund (Third Party Claims Administrator) Read More »

Christopher Savoie vs. State Of California, Legally Uninsured

This case is about Christopher Savoie, a correctional officer who sustained an industrial injury to his heart in the form of hypertensive cardiovascular disease, causing permanent disability of 32%. After reconsideration, the Workers’ Compensation Appeals Board amended the Findings and Award to reflect that the injury caused permanent disability of 49%, based on a whole person impairment of 30%, the lowest possible impairment rating within Class 3.

Oscar Gonzales vs. Tres Generaciones; Security National Insurance Company, Administered By Risico Claims Management

v.TRES GENERACIONS, LLP andSECURITY NATIONAL INSURANCEAdmin by RISICO CLAIMS MGMTThis case involves Oscar Gonzalez, who was injured when a rock was thrown at him with enough force and speed to cause fractures of the medial and orbital wall of his left eye. The blow to his head and face was so severe that he was rendered unconscious for an unspecified period of time. As a result of the injury, Gonzalez has significant physical and cognitive problems. The Workers’ Compensation Appeals Board determined that Gonzalez suffered a high velocity eye injury as set forth in Labor Code Section 4656. The defendant, Security National Insurance, filed a petition for reconsideration, which was denied. The WCJ concluded

Gloria Lopez Contreras vs. Randstad North America Dba Placement Pros West; Ace American Insurance, Adjusted By Esis

Randstad North America dba Placement Pros West; Ace American Insurance, adjusted by Esis Gloria Lopez Contreras WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGLORIA LOPEZ CONTRERAS, Applicant,vs.RANDSTAD NORTH AMERICA dba PLACEMENT PROS WEST; ACE AMERICAN INSURANCE, adjusted by ESIS, Defendants,Case No. ADJ12431303OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Defendant seeks removal of the Findings and order (F&O) issued …

Gloria Lopez Contreras vs. Randstad North America Dba Placement Pros West; Ace American Insurance, Adjusted By Esis Read More »

Josafat Rodriguez, Jr. vs. City Of Santa Cruz; Sedgwick Claims Management Services, Inc.,

In this case, Josafat Rodriguez, Jr. was a police officer for the City of Santa Cruz and was granted disability retirement in 2016. He then filed a petition for a determination of industrial causation of his disability with the Workers’ Compensation Appeals Board (WCAB) in 2017, more than five years after his injury. The WCAB found that he was time-barred from asserting his claim and denied his petition. The Sixth District Court of Appeal overturned the WCAB’s decision, finding that the WCAB erred as a matter of law when it found that Rodriguez was time-barred from asserting his claim. The Court determined that the proper time limitation applicable to a claimant seeking benefits in the California Public Employees Retirement System (Cal