San Bernardino

Elvia Zelada, vs. Exopack And United States Fire Insurance Company, Administered By Gallagher Bassett Services,

In this case, Elvia Zelada, an employee of Exopack and United States Fire Insurance Company, administered by Gallagher Bassett Services, sought reconsideration of the Findings Award & Order (F&A) issued by the workers’ compensation administrative law judge (WCJ) on May 26, 2017. The WCJ found that Zelada sustained injury to her cervical and lumbar spine, bilateral wrists, bilateral knees, left shoulder and psych, that she did not sustain injury to her right shoulder, that she was permanent and stationary as of January 28, 2013, that the injury caused 41% disability and that the Employment Development Department (EDD) would be reimbursed $10, 934.28, and that the

Michael Coyer, vs. County Of San Bernardino, permissibly Self-insured,

This case is about Michael Coyer, a firefighter employed by the County of San Bernardino, who claimed to have sustained an industrial injury to his back and spinal cord while on paid administrative leave. After trial, the Workers’ Compensation Appeals Board granted the defendant’s petition for reconsideration and ultimately found that Coyer did not sustain an injury arising out of and in the course of his employment. The Board found that Coyer’s attempt to protect his roof was a personal undertaking, unrelated to his responsibilities as a firefighter, and thus his injury did not arise out of his employment.

Michele Kelley, vs. Loma Linda University Medical Center, Permissibly Self-insured,

In this case, Loma Linda University Medical Center, permissibly self-insured, was being sued by Michele Kelley. Lien claimants Andrew O. Schreiber, M.D., Edward Stokes, M.D., and Majid Saedifar, D.P.T., sought reconsideration of the Order Dismissing Multiple Lien Claims or Lien Balances, and the Order Dismissing Claims or Lien Balances Despite Objection, both issued by the workers’ compensation administrative law judge (WCJ) on June 26, 2017, wherein the WCJ dismissed the liens of these three lien claimants, among others, for failure to appear at a hearing on April 10, 2017.

Robert Mike Capes, vs. County Of San Bernardino Sheriff’S Department, Permissibly Self-Insured,

This case involves a dispute between Robert Mike Capes and the County of San Bernardino Sheriff’s Department over a workers’ compensation claim. The Workers’ Compensation Appeals Board granted the Petition for Reconsideration filed by Capes’ attorney, Richard W. Smith, and affirmed their previous Opinion and Order Denying Petition for Reconsideration. The Board found that the sanctionable conduct in question was committed by Sammy Rabieh of the Law Offices of Louis D. Seaman, and not by Mr. Seaman himself. As a result, Smith was awarded attorney’s fees and costs.

TERRIE L. HAYES, vs. MARRIOTT INTERNATIONAL, Permissibly Self-Insured,

In this case, Terrie L. Hayes (Applicant) sought reconsideration of a Findings and Order issued on October 21, 2011, which found that Marriott International (Defendant) had no obligation to pay Applicant temporary total disability at the present time. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration and dismissed the Petition to the extent it sought to challenge the January 16, 1998 Findings and Award, as it was untimely. The Board found that the time limit for filing a petition for reconsideration is jurisdictional and the Board lacks the power to grant an untimely petition.

Richard Delarosa vs. State Of California, Department Of Corrections And Rehabilitation, Legally Uninsured, Administered By State Compensation Insurance Fund

This case is about Richard Delarosa, a correctional officer for the State of California, Department of Corrections and Rehabilitation, who claimed a cumulative injury to his heart, resulting in hypertension, while employed by the defendant. After undergoing a triple coronary artery bypass surgery, Delarosa filed a Petition to Reopen for New and Further Disability. After a series of medical evaluations, the Workers’ Compensation Appeals Board denied the Petition for Reconsideration, finding that Delarosa sustained injury arising out of and in the course of employment to his thoracic spine, psyche, heart in the form of coronary disease, and skin disfigurement, that the injury caused 64% permanent disability, and that the permanent partial disability indemnity rate is $264

Sonia Rodriguez vs. Palm Springs Unified School District, Permissibly Self-insured; Administered By Keenan & Associates

In this case, the Workers’ Compensation Appeals Board dismissed and denied the Petition for Reconsideration of the Findings and Order issued on September 19, 2019 and the Order to Pay Costs issued on October 29, 2019. The petition was found to be untimely as it was filed more than 25 days after the service of the WCJ’s September 19, 2019 decision. The Board noted that it is the responsibility of the petitioner’s representative to monitor their designated method of service.

Rosa Ramirez vs. Rancho Harbest; Star Insurance Administered By Meadowbrook Insurance Company

In this case, Rosa Ramirez was appealing a decision by the workers’ compensation administrative law judge (WCJ) that there was an insufficient showing that the defendant, Rancho Harvest and Star Insurance administered by Meadowbrook Insurance Company, engaged in bad faith tactics or actions to warrant the imposition of Labor Code section 5813 costs, sanctions, and penalties. The Workers’ Compensation Appeals Board denied the petition for reconsideration, noting that the defendant’s arguments were not “indisputably without merit” and that there was no evidence that the defendant’s aggressive defense was done solely or primarily for the purpose of harassing or maliciously injuring the lien claimant. The Board admonished Star Insurance Company and Floyd, Skeren & Kelly to avoid conducting a defense

Zeringer Jernigan vs. Centinella State Prison; State Compensation Insurance Fund

Centinella State Prison; State Compensation Insurance Fund Zeringer Jernigan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAZERINGER JERNIGAN, Applicant,vs.CENTINELLA STATE PRISON; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ4083794 (San Bernardino District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant CCPOA Benefit Trust Fund (CCPOA), through its representative Legal Service Bureau, seeks reconsideration of …

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Joaquin Gonzalez vs. National Distribution Centers; Zurich North America, Administered By Gallagher Bassett

National Distribution Centers; Zurich North America, administered by Gallagher Bassett Joaquin Gonzalez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOAQUIN GONZALEZ, Applicant,vs.NATIONAL DISTRIBUTION CENTERS; ZURICH NORTH AMERICA, administered by GALLAGHER BASSETT, Defendants.Case No. ADJ7214982 (San Bernardino District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Lien claimant Southland Spine & Rehabilitation Medical Center (lien claimant) …

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