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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ1215365 (SJO 0260331)

Regular

Jul 07, 2017

ANTHONY DRAGO vs. CITY OF SUNNYVALE, CSAC EXCESS INSURANCE AUTHORITY

This case concerns applicant Anthony Drago's cumulative injury claim against the City of Sunnyvale and its insurer, CSAC Excess Insurance Authority, stemming from his employment as a police officer. The Workers' Compensation Appeals Board (WCAB) reconsidered a previous award, rescinding the initial $72\%$ permanent disability finding. The WCAB increased the disability rating to $84\%$, primarily due to re-evaluating applicant's cardiovascular injury based on applicant's treating physician's opinion over the defense QME. The WCAB deferred the issue of attorney's fees for further proceedings at the trial level.

WCABReconsiderationCumulative InjuryAOE/COEPermanent DisabilityQMEAMA GuidesDyslipidemiaCoronary Artery DiseaseAngiography

References

Case No. ADJ9325717

Regular

Jul 01, 2014

JESSICA RAMIREZ vs. SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS, Permissibly Self-Insured, Member of SCSRM JPA WITH CSAC EIA, Administered By, CORVEL

This order dismisses Jessica Ramirez's Petition for Removal in her workers' compensation case against San Bernardino County Superintendent of Schools. The Workers' Compensation Appeals Board (WCAB) adopted the reasoning of the workers' compensation administrative law judge's report. The WCAB found no grounds to grant the removal and therefore dismissed the petition.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportDismissalSan Bernardino County Superintendent of SchoolsSCSRM JPACSAC EIACorvelADJ9325717Ronnie G. Caplane

References

Case No. ADJ7800321

Regular

Apr 21, 2014

MARIA BERRIOS vs. NEWSWAYS DISTRIBUTORS, TOWER SELECT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing the lien of California Sleep Apnea Center (CSAC). CSAC's lien was dismissed for failure to appear at a lien conference, and the WCJ found this reason sufficient even without defendant's direct notification of the conference. Furthermore, the Board noted that even if the lien had not been dismissed for non-appearance, it would have been denied because the applicant's underlying injury claim had already been decided against them. This prior ruling prevents CSAC from meeting its burden of proof that the treatment provided was for a compensable injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismiss LienLien ClaimantLien ConferenceFailure to AppearProof of ServiceReport and RecommendationFindings and OrderBurden of Proof

References

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ANTHONY DRAGO vs. CITY OF SUNNYVALE, CSAC EXCESS INSURANCE AUTHORITY

WCABReconsiderationCumulative InjuryAOE/COEPermanent DisabilityQMEAMA GuidesDyslipidemiaCoronary Artery DiseaseAngiography

JESSICA RAMIREZ vs. SAN BERNARDINO COUNTY SUPERINTENDENT OF SCHOOLS, Permissibly Self-Insured, Member of SCSRM JPA WITH CSAC EIA, Administered By, CORVEL

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportDismissalSan Bernardino County Superintendent of SchoolsSCSRM JPACSAC EIACorvelADJ9325717Ronnie G. Caplane

MARIA BERRIOS vs. NEWSWAYS DISTRIBUTORS, TOWER SELECT INSURANCE COMPANY