California Workers’ Compensation Case Law

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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

Valentin Reyes vs. Calico Building Materials, Inc.; Insurance Company Of The West San Diego

This case is about Valentin Reyes, an employee of Calico Building Materials, Inc., who sustained an industrial injury to his thoracic and lumbar spine and left shoulder. The worker’s compensation administrative law judge found that lien claimant, California Pharmacy Management, provided treatment outside of the employer’s Medical Provider Network and ordered that the lien be disallowed. The Appeals Board granted reconsideration and amended the June 7, 2010 Findings, Award, and Order to defer the issue of CPM’s lien, and return this matter to the trial level for further proceedings and a new decision.

David Sires vs. Con Quip, Inc.; The Sentry Insurance A Mutual Company

This case involves a worker’s compensation claim by David Sires against Con Quip, Inc. and The Sentry Insurance A Mutual Company. The Workers’ Compensation Appeals Board granted the Petition for Reconsideration to further study the factual and legal issues in the case. The WCJ found that Sires sustained industrial injury to his head, headaches, and psyche, but not to his back or faculties resulting in dizziness or cognitive problems; that Sires’ injury caused 10% permanent disability; and that Sires’ attorney was entitled to a fee of $518.00. The Board amended the Findings, Awards & Orders to allow an applicant’s attorney’s fee of $1,200.00.

Michelle Sampay vs. Wackenhut; Gallagher Bassett Services, Inc.

This case is about Michelle Sampay, a security officer who sustained an industrial injury to her skin, rashes, psyche, scalp and teeth while employed from June 1, 1999 to September 12, 1999. The workers’ compensation administrative law judge (WCJ) ordered that the lien of David Silver, M.D. (LC) be bifurcated from “all petitions for sanctions, costs and penalties” and declined to enforce a subpoena for the appearance of Janice Barrera, defendant’s claims adjuster. LC filed a Petition for Removal, requesting that the Appeals Board rescind the orders, but the WCJ filed a Findings and Order Taking Matter Off Calendar; Order Appointing Independent Bill Reviewer, making the Petition for

AURELIO ROSALES vs. GIUMARRA VINEYARDS CORPORATION; ARROWOOD INDEMNITY COMPANY

In this case, Aurelio Rosales filed a petition for reconsideration and removal against Giumarra Vineyards Corporation and Arrowood Indemnity Company. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration and denied removal, as the petition was not a “final” order and did not determine any substantive right or liability of those involved in the case. The Board also denied removal as petitioner had not shown that there would be substantial prejudice or irreparable harm if removal was not granted.

Harry Pifer vs. La Mesa Appliance Company; State Compensation Insurance Fund

In this case, Harry Pifer filed a petition for reconsideration against La Mesa Appliance Company and the State Compensation Insurance Fund. The Workers’ Compensation Appeals Board dismissed the petition for reconsideration and denied removal, as the petition was not considered a “final” order and did not determine any substantive right or liability of those involved in the case. The supplemental petition and attachments were also rejected and not considered.

Carmen Vargas vs. Indio Nursing & Rehab Center; st Ate Compensation Insurance fund

is a case in which Carmen Vargas, the applicant, is appealing a decision by the Workers’ Compensation Appeals Board to deny her petition for reconsideration. The petition was filed against Indio Nursing & Rehab Center and the State Compensation Insurance Fund. The Board found that the petitioner had not shown good cause for their failure to appear at the lien conference and denied the petition for reconsideration.

JOSE L. JARA vs. LMPERIAL WESTERN PRODUCTS; STATE COMPENSATION INSURANCE FUND

This case involves Jose L. Jara, who filed a Petition for Reconsideration against Imperial Western Products and the State Compensation Insurance Fund. The Workers’ Compensation Appeals Board considered the allegations of the Petition for Reconsideration and determined that it was untimely, as it was not filed within 25 days of the decision. As a result, the Petition for Reconsideration was dismissed.

Rigoberto Rodriguez vs. Headed Reinforcement; Cypress Insurance Company C/o Berkshire Hathaway Homestate Companies,

In this case, the Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration filed by Rigoberto Rodriguez against Headed Reinforcement; Cypress Insurance Company c/o Berkshire Hathaway Homestate Companies as untimely. The Order Dismissing Lien was issued on June 9, 2014, and the Petition for Reconsideration was not filed within 25 days of the decision, as required by Labor Code section 5903 and Code of Civil Procedure section 1013. The Petition for Reconsideration was therefore dismissed.

MIRNA ROBLES vs. RUSSAKS CURED AND SMOKED PRODUCTS; TOKIO MARINE MANAGEMENT, INC.

In this case, Mirna Robles filed a Petition for Reconsideration and Removal against Russaks Cured and Smoked Products and Tokio Marine Management, Inc. The Workers’ Compensation Appeals Board dismissed both petitions as they were not timely-filed and the interlocutory order was not one that resulted in irreparable harm or significant prejudice.

ROBERT GRACE vs. LA FIELL MANUFACTURING COMPANY; CALIFORNIA CASUALTY, Administered By GALLAGHER BASSETT; CIGA, c/o SEDGWICK CMS For SUPERIOR NATIONAL INSURANCE, PACIFIC NATIONAL INSURANCE, And CALIFORNIA COMPENSATION INSURANCE In In Liquidation; STATE COMPENSATION NSURANCE FUND,

is a case involving Robert Grace, the applicant, and La Fiell Manufacturing Company, California Casualty, administered by Gallagher Bassett, CIGA, c/o Sedgwick CMS for Superior National Insurance, Pacific National Insurance, and California Compensation Insurance in in liquidation, and State Compensation Insurance Fund, the defendants. The Findings and Award and Order was issued on June 17, 2014, but the Petition for Reconsideration was not filed within the 25 day period, so it was dismissed by the Workers’ Compensation Appeals Board.

DANIELLE CHOTT vs. THE GAP, INC.; SAFETY NATIONAL CASUALTY

is a case in which the Workers’ Compensation Appeals Board denied the defendant’s petition for reconsideration of an earlier decision that granted the applicant’s petition for reconsideration and rescinded the compromise and release agreement. The defendant had stipulated that the applicant had sustained an industrial injury to her psyche while employed by the defendant, and the Appeals Board found that the defendant had waived its right to challenge the stipulation by not raising the issue in a timely manner.

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