Stockton

Rosa Gamez vs. Full Steam Staffing And Esis

In this case, Rosa Gamez filed a petition for reconsideration and removal with the Workers’ Compensation Appeals Board against Full Steam Staffing and ESIS. 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 petition was not a “final” order, decision, or award and that removal was an extraordinary remedy rarely exercised by the Board. 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 not be an adequate remedy if a final decision adverse to the petitioner ultimately issued.

JORGE PRECIADO vs. ALAMILLO REBAR, INC.; OLD REPUBLIC GENERAL INSURANCE

is a case in which the defendant, Alamillo Rebar, Inc., sought reconsideration of a workers’ compensation administrative law judge’s (WCJ) Findings of Fact, Order and Award of July 17, 2014. The WCJ found that the applicant, Jorge Preciado, was entitled to temporary disability indemnity corresponding to the period October 12, 2012 to the present and continuing, subject to the limitations of Labor Code section 4656(c), and less credit to defendant for days worked and wages earned by applicant. The defendant argued that the WCJ erred in finding applicant entitled to temporary disability indemnity, arguing that the reporting of qualified medical evaluator pain management specialist Jerome A. Robson, M.D., did not

SAMUEL B. JOHNSON, III vs. CHEVRON CORPORATION, A Delaware Corporation, And CHEVRON ENVIRONMENTAL MANAGEMENT CORPORATION, A Division Of CHEVRON U.S.A., INC.

CHEVRON CORPORATION, a Delaware Corporation, and CHEVRON ENVIRONMENTAL MANAGEMENT CORPORATION, a Division of CHEVRON U.S.A., INC. SAMUEL B. JOHNSON, III WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASAMUEL B. JOHNSON, III, Applicant, vs.CHEVRON CORPORATION, a Delaware Corporation, and CHEVRON ENVIRONMENTAL MANAGEMENT CORPORATION, a Division of CHEVRON U.S.A., INC.,Defendants.Case No. ADJ2635006 (STK 0206833)ORDER DENYING PETITION FOR RECONSIDERATION            We have …

SAMUEL B. JOHNSON, III vs. CHEVRON CORPORATION, A Delaware Corporation, And CHEVRON ENVIRONMENTAL MANAGEMENT CORPORATION, A Division Of CHEVRON U.S.A., INC. Read More »

Jairo Ramos, vs. Jts Jose Tree Service, Inc.; Jose Miguel Soto, Individually And As Substantial Shareholder Of Jts Jose Tree Service, Inc.; Daniel Soto, Individually And Dba D. Soto Tree & Arborist Services; Uninsured Employers Benefits Trust Fund,

Jts Jose Tree Service, Inc.; Jose Miguel Soto, individually and as substantial shareholder of Jts Jose Tree Service, Inc.; Daniel Soto, individually and dba D. Soto Tree & Arborist Services; Uninsured Employers Benefits Trust Fund, Jairo Ramos, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJAIRO RAMOS,Applicant,vs.JTS JOSE TREE SERVICE, INC.; JOSE MIGUEL SOTO, individually and as substantial …

Jairo Ramos, vs. Jts Jose Tree Service, Inc.; Jose Miguel Soto, Individually And As Substantial Shareholder Of Jts Jose Tree Service, Inc.; Daniel Soto, Individually And Dba D. Soto Tree & Arborist Services; Uninsured Employers Benefits Trust Fund, Read More »

Tripta Malhotra, vs. St. Joseph’s Medical Center, Permissibly Self-insured, Administered By Sedgwick Cms,

This case is about Tripta Malhotra, a registered nurse for St. Joseph’s Medical Center, who claims injury to her left shoulder, cervical spine, back, bilateral knees, psyche, bilateral shoulders, bilateral arms, head, bilateral legs and nervous system on December 10, 2010 and from February 22, 2013 through February 22, 2014. The parties obtained a QME panel in orthopedics and Dr. Sloane Blair was chosen as the panel QME. Dr. Blair evaluated applicant on October 12, 2015 and initially served a report on all parties on November 17, 2015. Defendant objected to the report stating that it was not adequate and requested a replacement QME panel. Applicant requested a replacement QME panel as well. The

Gloria Olivarez vs. The Superior Court Of California, San Joaquin County, Legally Uninsured, Administered By Acclamation Insurance Management Services

This case involves a worker’s compensation claim by Gloria Olivarez against the Superior Court of California, San Joaquin County, for a psychiatric injury sustained while employed as a legal processing clerk. The court granted reconsideration of the Findings of Fact, Award and Order issued by the workers’ compensation administrative law judge, and rescinded the decision. The matter was returned to the WCJ for further proceedings to determine the worker’s entitlement to temporary disability indemnity, and attorney fees based thereon. The court also granted the defendant the opportunity to present rebuttal evidence by way of witness testimony.

Gloria Olivarez vs. The Superior Court Of California, San Joaquin County, Legally Uninsured, Administered By Acclamation Insurance Management Services

This case involves a worker’s compensation claim by Gloria Olivarez against the Superior Court of California, San Joaquin County, for a psychiatric injury sustained while employed as a legal processing clerk. The court granted reconsideration of the Findings of Fact, Award and Order, rescinded the decision, and returned the matter to the WCJ for further proceedings. The court found that the record was not adequate to make a final determination as to applicant’s entitlement to temporary disability indemnity benefits, and that the parties should develop the record so that it contains substantial evidence to support such a determination. The court also found that the parties were denied their right to due process and a fair hearing, and that upon return of the matter, the WCJ

Douglas Collier vs. State Of California Department Of Corrections And Rehabilitation – Northern California Youth Correctional Center, Legally Uninsured; Administered By State Compensation Insurance Fund

This case is about the State of California Department of Corrections and Rehabilitation – Northern California Youth Correctional Center, which was legally uninsured and administered by the State Compensation Insurance Fund. The applicant, Douglas Collier, claimed injury to his cervical spine, lumbar spine, both knees, both ankles, both feet, to his psyche, and to his heart, while employed by the defendant as a cook during the period ending October 6, 2011. The defendant sought reconsideration of the Findings of Fact, Award and Order issued by the workers’ compensation administrative law judge (WCJ) on October 29, 2020, wherein the WCJ found that the applicant was entitled to the rebuttable heart injury presumption under Labor Code section 3212.2,

Melanie Allen vs. Stockton Unified School District, Permissibly Self-insured Administered By Sedgwick, Formerly York Risk Services Group,,

In this case, Melanie Allen sought reconsideration of a Finding of Fact, Order and Award issued by a workers’ compensation administrative law judge (WCJ) which found that she sustained injury arising out of and occurring in the course of employment (AOE/COE) to her right shoulder, but not to her neck. The WCJ recommended the Petition be denied, but the Workers’ Compensation Appeals Board rescinded the F&A and returned the matter to the WCJ for further proceedings. The Board found that the report from the pain medicine qualified medical examiner (QME) did not comply with the requirements of Labor Code section 4628 and was not admissible. The Board also noted that the transcript of the QME’s deposition was

Alexander Golis vs. Pactiv Corp.; Ace American Insurance Company On Behalf Of Sedgwick Claims Management services

In this case, Alexander Golis filed a petition for reconsideration against Pactiv Corp. and Ace American Insurance Company on behalf of Sedgwick Claims Management Services. The Workers’ Compensation Appeals Board denied the petition for reconsideration, finding that the apportionment conclusions of the doctors were not substantial evidence and that the defendants did not meet their burden of proving apportionment.