San Jose

PATRICIA ARRUDA vs. GOODWILL INDUSTRIES OF SANTA CLARA; ALASKA NATIONAL INSURANCE COMPANY

This case involves a lien claimant, Safety Works Medical, who filed an objection to the dismissal of their lien for medical services ordered by a QME. The underlying claim of injury was settled by an Order Approving Compromise and Release on October 25, 2011. On June 29, 2012, lien claimant filed a Declaration of Readiness to Proceed (DOR) requesting a lien conference. A notice of hearing issued on July 2, 2012 setting the matter for a lien conference on July 30, 2012. However, lien claimant failed to appear at the July 30, 2012 conference and the WCJ issued a Notice of Intention to Dismiss Lien of Safety Works Medical (NIT) for failure to appear absent a

Juan Villagran, vs. S&M Moving Systems; Lwp Claims,

S&M Moving Systems; Lwp Claims, Juan Villagran, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN VILLAGRAN,Applicant,vs.S&M MOVING SYSTEMS; LWP CLAIMS,Defendants.Case No. ADJ9343756 (MF)ADJ9613563(San Jose District Office)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted applicant’s Petition for Reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought …

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Jorge Ramirez, vs. Mann Packing Company, Inc.; Zurich North America Insurance Company,

This case involves Jorge Ramirez, Mann Packing Company, Inc., and Zurich North America Insurance Company. After both parties exercised challenges under Appeals Board Rule 10453, there were no remaining judges in the Salinas District Office, so the venue was changed to the San Jose District Office. The Presiding Judge in San Jose will set the matter for trial before Judge David Lauerman.

John Perez, vs. Green Valley Disposal; California Insurance Guarantee Association, Adjusted By Cambridge Integrated Services Group,

is a case in which the defendant, Green Valley Disposal, and the California Insurance Guarantee Association, adjusted by Cambridge Integrated Services Group, sought reconsideration of a workers’ compensation administrative law judge’s Joint Findings and Award of March 10, 2009. The WCJ found that the applicant, John Perez, sustained admitted industrial injury to his neck, low back, and right upper extremity while employed as a truck driver on February 5, 1996 and during a cumulative period from November 1988 to February 5, 1996. The WCJ found that the applicant’s injuries combined to cause temporary disability from February 6, 1996 to September 13, 2000 and from October 27, 2000 to January 2, 2005, and permanent disability of 641/2% after app

Joshua Subia vs. COAST BUILDING PRODUCTS; ACE AMERICAN INSURANCE

This case involves a worker’s compensation claim by Joshua Subia against his employer, Coast Building Products, and their insurance provider, ACE American Insurance. Subia claimed to have injured his left knee while carrying a bale of insulation to the fifth floor of the jobsite. His supervisor, Mr. Gibson, arrived shortly after the incident and reported that the bucket Subia claimed to have tripped over remained upright and still contained water. Subia sought medical attention and all subsequent medical visits attributed his knee trouble to the alleged injury. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, finding Subia’s testimony to be credible and that there was no evidence of considerable substantiality to reject the WCJ’s credibility determinations.

Heriberto Guillen vs. Infinity Staffing; Aggcap Insurance, Administered By Sedgwick Claims Management Services, Inc.,

Infinity Staffing; AGGCAP Insurance, administered by Sedgwick Claims Management Services, Inc., Heriberto Guillen WORKERS’ COMPENSATION APPEALS WCABSTATE OF CALIFORNIAHERIBERTO GUILLEN, Applicant,vs.INFINITY STAFFING; AGGCAP INSURANCE, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., Defendants,Case No ADJ8737025OPINION AND ORDER DENYING PETITION FOR DISQUALIFICATION            Defendant seeks the disqualification of workers’ compensation administrative law judge (WCJ) Adoralida Padilla from proceedings in …

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Shin Shen Tai (shiang Meei Heh, Deceased), vs. Nantero Inc., And American Guarantee And Liability Insurance, Adjusted By Zurich

In this case, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration filed by Shin Shen Tai (Shiang Meei Heh, deceased) against Nantero Inc. and American Guarantee and Liability Insurance, adjusted by Zurich. The petition was found to be untimely, as it was filed more than 25 days after the service of the WCJ’s November 21, 2019 decision and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10508.

Russell Camara vs. Tesla, Inc. And American Zurich Insurance Company

In this case, Russell Camara, an employee of Tesla, Inc., sustained an injury to his lumbar spine arising out of and in the course of his employment. The primary treating physician referred Camara to Michael Newman, D.C. for the preparation of a permanent and stationary report, pursuant to Labor Code Section 4061.5. The report of Dr. Newman was adopted by the primary treating physician and relied upon at trial. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, finding that the report of Dr. Newman was properly obtained and relied upon in determining the disputed issues.

Adam Palsgrove vs. City Of Palo Alto, Permissibly Self-insured; Adjusted By York Risk Services Group, Inc.

City Of Palo Alto, Permissibly Self-Insured; adjusted by York Risk Services Group, Inc. Adam Palsgrove WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAADAM PALSGROVE, Applicant,vs.CITY OF PALO AL TO, Permissibly Self-Insured; adjusted by YORK RISK SERVICES GROUP, INC., Defendants.Case No. ADJ9623149 (San Jose District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant, Adam Palsgrove, …

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Nohemi Taina vs. County Of Santa Clara/valley Medical Center; Permissibly Self-insured

County Of Santa Clara/Valley Medical Center; Permissibly Self-Insured Nohemi Taina WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANOHEMI TAINA, Applicant,vs.COUNTY OF SANTA CLARAN ALLEY MEDICAL CENTER; PERMISSIBLY SELF-INSURED, Defendant.Case No. ADJ8268219 (San Jose District Office)OPINION AND ORDER DENYING DEFENDANT’S PETITION FOR RECONSIDERATION            Defendant seeks reconsideration of the April 16, 2018 Findings And Award of the workers’ compensation administrative …

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