CARNATION CO.; METLIFE INS. CO. OF CONNECTICUT, Administered by TRAVELERS EDWARD ZEPEDA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAEDWARD ZEPEDA, Applicant,vs.CARNATION CO.; METLIFE INS. CO. OF
and ADJ4407215 (BAK 0151114) is a case in which Frank Torres, an applicant, sought reconsideration of a Findings and Award issued in ADJ4407215 on September 5, 2012, in which a workers’ compensation administrative law judge (WCJ) found applicant sustained 1% permanent disability as a result of an industrial cumulative trauma injury to his left knee over the period of his employment as a probation officer through November 26, 2004. The WCJ found applicant did not sustain injury to his right ankle and was not in need of further medical treatment to cure and relieve him from the effects of the injury to his left knee. The WCJ granted reconsideration to amend the Findings and Award to award further medical
FRESNO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured KAREN SWANSON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN SWANSON, Applicant,vs.FRESNO UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, Defendant.Case Nos. ADJ7817116ADJ7875974(Fresno District
In this case, Jose Rivas, an employee of California Carpet, LLC and ICW Group, filed a claim for workers’ compensation after sustaining an industrial injury to his lumbar spine and back. The treating physician recommended decompression along the posterior aspect of the L5-S1 level, but the defendants denied the surgery after utilization review. The Medical Unit of the Division of Workers’ Compensation assigned a second opinion physician, who recommended no surgery. After an expedited hearing, the WCJ found that applicant is entitled to the surgery requested by his primary treating physician. The defendants filed a Petition for Removal, requesting that the Appeals Board rescind the Findings and Award, and the Appeals Board granted the petition, rescinding the Find
In this case, the Workers’ Compensation Appeals Board granted the defendant’s petition for removal and rescinded the order dated June 28, 2012, which would have deprived the defendant of the opportunity to obtain an evaluation by a qualified medical evaluator. The Board ordered the applicant to make an appointment with the remaining QME and returned the matter to the trial level for further proceedings.
In this case, the Workers’ Compensation Appeals Board denied the defendant’s Petition for Reconsideration of the August 30, 2012 Findings of Fact, which found that the applicant sustained injury arising out of and in the course of the employment to her back and right lower extremity on January 3, 2011. The Board found that the WCJ’s findings were supported by solid, credible evidence and were to be accorded great weight by the Appeals Board. The Board also noted that the employee bears the burden of proving, by a preponderance of the evidence, that his or her injury was sustained in the course of employment. The Board found that the medical records and testimony of the applicant’s supervisor corroborated the injury on January 3,
This case involves Joanne Garcia and The Home Depot USA, Inc., Permissibly Self-Insured, Administered By Helmsman Management. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration due to the fact that it was not a final order and the lien claimant was not aggrieved.
In this case, Hortencia Garcia (applicant) sought reconsideration of the Findings and Order (F&O) issued in this case by the workers’ compensation administrative law judge (WCJ) on August 20, 2012, which found that applicant did not sustain injury to her left wrist on August 31, 2010. The Workers’ Compensation Appeals Board denied the petition for reconsideration, finding that the presumption of compensability in section 5402, subdivision (b) does not apply to applicant’s claimed injury to her left wrist, and that applicant did not present substantial medical evidence to support injury to her left wrist.
In this case, Donna Fucheon was found permanently totally disabled and the Workers’ Compensation Appeals Board ordered defendant Zurich American Insurance to pay her counsel, Brian J. Thornton, fees of $181,883.97. Zurich American Insurance petitioned for reconsideration of the Order for Attorney Fees, arguing that filing a Petition for Writ on September 10, 2012 stayed the effect of the WCJ’s earlier August 16, 2012 Order. The Workers’ Compensation Appeals Board denied the Petition for Reconsideration, noting that filing a writ petition does not stay or suspend the effect of the disputed WCAB decision. The Board also noted that even without a court-ordered stay, applicant would require a certified copy of the Amended Findings, Award and Order
KAISER FOUNDATION HOSPITAL, Permissibly Self-Insured RAYEK J. FAHOUM WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAYEK J. FAHOUM, Applicant,vs.KAISER FOUNDATION HOSPITAL, Permissibly Self-Insured, Defendant.Case No. ADJ237483 (VNO
This case is about a lien claimant, the Law Offices of Graiwer & Kaplan, LLP, petitioning for reconsideration of an August 31, 2012 Order Dismissing Liens. The workers’ compensation administrative law judge dismissed the liens for failure to object to an August 1, 2012 Notice of Intention to Dismiss. The lien claimant argued that it accepted an offer from applicant’s present counsel, Boxer and Gerson, LLP, on August 27, 2012, thereby settling Graiwer & Kaplan’s claim for attorneys’ fees. The Petition for Reconsideration was dismissed because it was not clear how lien claimant believed that it had been aggrieved.
is a case involving Palace Holdings, Inc. and the State Compensation Insurance Fund. The Workers’ Compensation Appeals Board dismissed the Petition for Reconsideration as untimely, as it was not filed within 25 days of the decision. The Board also stated that, had the petition been timely-filed, it would have been denied on the merits.
; ADJ6779034KIMCO STAFFING SERVICES, Permissibly Self-Insured, appealed a decision by the workers’ compensation administrative law judge (WCJ) to take the issue of reasonableness/necessity of treatment off calendar. The Appeals Board granted the petition for removal and rescinded the WCJ’s decision, returning the matter to the trial level for further proceedings and decisions by the WCJ. The Board noted that the parties had had sufficient opportunity to discover and present evidence to support their claims, and that the WCJ should decide the case on the basis of the evidence provided.
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
(LAO 0859849) is a case involving Maria Campos and Cola/Martin Luther King Hospital #125 c/o Tristar Risk Management. The Workers’ Compensation Appeals Board granted reconsideration and amended the Amended Findings and Award of August 20, 2009 to include the permanent and stationary date as February 2, 2007 and to defer the calculation of the permanent disability indemnity award, attorney’s fees, and commutation pending further proceedings and new determination by the WCJ.
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