Santa Barbara

Deanna Power, vs. St. John’s Regional Medical Center; Permissibly Self-Insured; Sedgwick Claims Management Services,

In this case, St. John’s Regional Medical Center, a permissibly self-insured entity, sought reconsideration of a decision by a workers’ compensation administrative law judge (WCJ) ordering the medical center to continue to provide applicant Deanna Power with medical treatment in the form of prescription medications Xyrem and Lunesta. The WCJ had found that the applicant’s Application for Independent Medical Review (IMR) was not untimely and ordered the Administrative Director to process the applicant’s Utilization Review (UR) appeal through the IMR process. The Appeals Board granted the reconsideration, rescinded the Findings of Fact and Award, and returned the matter to the trial level to provide the WCJ with the opportunity to make

Francisca Sagastume, vs. Karl Storz Imaging; The North River Insurance Company, Administered By Crum & Forster,

In this case, Francisca Sagastume was employed as a quality control technician at Goleta, California by Karl Storz Imaging, Inc. The North River Insurance Company, administered by Crum & Forster, argued that the worker’s compensation administrative law judge (WCJ) erred in finding injury to applicant’s cervical spine because the panel qualified medical evaluator (QME) did not find injury to this body part. The WCJ recommended that the petition for reconsideration be denied, but the Workers’ Compensation Appeals Board granted the petition to amend the Findings of Fact and Award to reflect that applicant sustained injury to her right shoulder, right arm and cervical spine. The Board found that the relevant and

Ned Pattiz vs. Subsequent Injuries Benefit Trust Fund

In this case, Ned Pattiz filed a claim against the Subsequent Injuries Benefit Trust Fund (SIBTF). After participating in a commissioners’ settlement conference, the parties resolved the claim by Compromise and Release. The Workers’ Compensation Appeals Board approved the Compromise and Release, including the attorneys’ fee requested, and commended the parties for their willingness to bargain in good faith and resolve the matter without further litigation.

Greg Franks vs. Haas Automation; Travelers Property Casualty Company Of America

is a case involving Greg Franks and Haas Automation and Travelers Property Casualty Company of America. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration and denied the Petition for Removal. The Petition was dismissed as one seeking reconsideration and denied as one seeking removal because the decision did not determine any substantive right or liability and did not determine a threshold issue. Removal was denied because the petitioner did not show that substantial prejudice or irreparable harm would result if removal was not granted and did not demonstrate that reconsideration would not be an adequate remedy if a final decision adverse to the petitioner ultimately issued.

Nancy Johnson vs. State Of California; Department Of Corrections, Inmate Claims, Legally Uninsured, Adjusted By E3state Compensation Insurance Fund/state Contracts

State Of California; Department Of Corrections, Inmate Claims, legally uninsured, adjusted by e3state compensation Insurance Fund/State Contracts Nancy Johnson WORKERS’ COMPENSATION APPEALS BOARI)STATE OF CALIFORNIANANCY JOHNSON. Applicant,vs.STATE OF CALIFORNIA; DEPARTMENT, of CORRECTIONS, INMATE CLAIMS, Legally uninsured, adjusted by ESTATE COMPENSATION INSURANCE FUND/STATE CONTRACTS, Defendants.Case Nos. ADJ4265793 OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION …

Nancy Johnson vs. State Of California; Department Of Corrections, Inmate Claims, Legally Uninsured, Adjusted By E3state Compensation Insurance Fund/state Contracts Read More »

Richard Parent vs. United Launch Alliance; Broadspire Services, Inc.,

This case involves a dispute between United Launch Alliance, Broadspire Services, Inc., and Richard Parent over the amount of permanent disability indemnity payments due to Parent. The Workers’ Compensation Appeals Board granted reconsideration and amended the Joint Findings of Fact and Award to reflect that Parent sustained injuries while working for the defendants as an aerospace maintenance worker to his bilateral hands, wrists, and knees on October 21, 2013 and October 23, 2013, causing permanent disability of 96%, payable in 849.25 weekly payments of $290.00 per week commencing on February 22, 2018, in the total sum of $246,282.50, less attorney fees.

Kathy Kiesling vs. Charles V. Eckert Iii; Oak River Insurance Company; Administered By Berkshire Hathaway Homestate Companies; State Compensation Insurance Fund

Charles V. Eckert III; Oak River Insurance Company; administered by Berkshire Hathaway Homestate Companies; State Compensation Insurance Fund Kathy Kiesling WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKATHY KIESLING, Applicant,vs.CHARLES V. ECKERT III; OAK RIVER INSURANCE COMPANY; administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES; STATE COMPENSATION INSURANCE FUND, Defendants.Case Nos. ADJ7811992ADJ7913183 (Santa Barbara Satellite Office)OPINION AND ORDER GRANTING …

Kathy Kiesling vs. Charles V. Eckert Iii; Oak River Insurance Company; Administered By Berkshire Hathaway Homestate Companies; State Compensation Insurance Fund Read More »

Jose Pina Diaz vs. Sunburst Church Of Self Realization; Illinois Midwest Insurance Agency On Behalf Of Star Insurance Company

Sunburst Church Of Self Realization; Illinois Midwest Insurance Agency on behalf of Star Insurance Company Jose Pina Diaz WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSE PINA DIAZ, Applicant,vs.SUNBURST CHURCH OF SELF REALIZATION; ILLINOIS MIDWEST INSURANCE AGENCY on behalf of STAR INSURANCE COMP ANY, Defendants.Case No. ADJ10049659 (Santa Barbara District Office)OPINION AND ORDER GRANTING PETITIONS FOR RECONSIDERATION …

Jose Pina Diaz vs. Sunburst Church Of Self Realization; Illinois Midwest Insurance Agency On Behalf Of Star Insurance Company Read More »

Ken Jensen vs. County Of Santa Barbara, Department Of Social Services, Permissively Self-insured; And Corvel Corporation (claims Administrator)

County Of Santa Barbara, Department Of Social Services, Permissively Self-Insured; and Corvel Corporation (Claims Administrator) Ken Jensen WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKEN JENSEN, Applicant,vs.COUNTY OF SANTA BARBARA, DEPARTMENT OF SOCIAL SERVICES, Permissively Self-Insured; and CORVEL CORPORATION (Claims Administrator), Defendants.Case No. ADJ9489540 (Santa Barbara District Office)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted reconsideration to further …

Ken Jensen vs. County Of Santa Barbara, Department Of Social Services, Permissively Self-insured; And Corvel Corporation (claims Administrator) Read More »

Ned Pattiz vs. Mtc Trucking; State Compensation Insurance Fund; Subsequent Injuries Benefits Trust Fund

In this case, Ned Pattiz is seeking reconsideration of a workers’ compensation administrative law judge’s (WCJ) decision that the Subsequent Injuries Benefits Trust Fund (SIBTF) is entitled to a credit for the monies applicant received under a Compromise and Release Agreement entered into for applicant’s subsequent injury, as well as a “potential” credit for Social Security disability benefits applicant is receiving. The WCJ deferred the issue of applicant’s entitlement to SIBTF benefits pending a determination of SIBTF’ s credit. The Appeals Board granted the Petition for Reconsideration, rescinded the Findings of Fact, and returned the matter for a new final decision that resolves all of the pending issues.