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Case No. ADJ118892 (VNO 0442877) ADJ1041834 (VNO 0436039)

Regular

TAMARA O'KEEFE vs. COSTCO WHOLESALE, INC.

This order denies Costco Wholesale's petition for reconsideration in the workers' compensation case of Tamara O'Keefe. The Workers' Compensation Appeals Board (WCAB) adopted the report of the workers' compensation administrative law judge (WCJ) as its reasoning for denial. The specific grounds for denial are detailed within the WCJ's report, which is incorporated by reference. Therefore, the WCAB has upheld the prior decision and denied the employer's request for review.

ADJ118892VNO 0442877ADJ1041834VNO 0436039O'KeefeCostco WholesaleSedgwick CMSDeny ReconsiderationWCJ ReportAppeals Board

References

Case No. ADJ3765992 (SRO 0132531) ADJ2072207 (SRO 0140061)

Regular

Apr 29, 2009

Lorraine O'Keefe vs. Surgical Staff North, Inc., CAL COMP, In Liquidation, CIGA, Adjusted by BROADSPIRE, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, Permissibly Self-Insured, Adjusted by CLAIMS MANAGEMENT, INC. (ADJ3765992), QUEEN OF THE VALLEY HOSPITAL, Permissibly Self-Insured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICE (ADJ2072207)

This case involves applicant Lorraine O'Keefe's workers' compensation claims for left knee injury. The Workers' Compensation Appeals Board denied reconsideration of the finding that applicant sustained an industrial injury on December 15, 1999, while employed by Community Hospital of the Monterey Peninsula (CHOMP). However, the Board granted reconsideration regarding attorney fees, rescinding the prior award against CHOMP. The issue of CHOMP's liability for applicant's attorney fees under Labor Code section 4064(c) will be returned for further proceedings due to insufficient notice.

Workers' Compensation Appeals BoardSurgical Staff NorthCal CompCIGACommunity Hospital of Monterey PeninsulaClaims Management Inc.Queen of the Valley HospitalSedgwick Claims Management ServiceFindings Award OrdersPetition for Reconsideration

References

Case No. ADJ3765992 (SRO 0132531)

Regular

Apr 06, 2011

LORRAINE O'KEEFE vs. SURGICAL STAFF NORTH, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE SERVICES for CAL COMP, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration on Community Hospital of Monterey Peninsula's (CHOMP) petition regarding a penalty assessed for delayed payment to CIGA. The WCAB amended the prior order, ruling that CHOMP is not liable for a Labor Code section 5814 penalty because this section applies only to delays in payments to injured workers, not to reimbursements between defendants. However, the WCAB affirmed the prior finding that CHOMP engaged in bad-faith litigation tactics, upholding sanctions under Labor Code section 5813. The final order also clarified the amount owed to CIGA and affirmed the attorney's fees awarded to the applicant's counsel.

Workers Compensation Appeals BoardSurgical Staff NorthCalifornia Insurance Guarantee AssociationCommunity Hospital of Monterey PeninsulaUnreasonable DelayBad Faith LitigationLabor Code Section 5814Labor Code Section 5813Labor Code Section 4064(c)Permanent Disability

References

Case No. ADJ3765992

Regular

Feb 22, 2010

LORRAINE O'KEEFE vs. SURGICAL STAFF NORTH, INC., CIGA by its servicing facility BROADSPIRE SERVICES, for CALCOMP in liquidation, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, Permissibly Self-Insured, CLAIMS MANAGEMENT INC.

This case involves a defendant's petition for reconsideration of a decision filed January 28, 2010. The Workers' Compensation Appeals Board has granted reconsideration to thoroughly review the factual and legal issues presented. This allows for further study of the record to ensure a just and reasoned decision. All future communications regarding this matter should be directed to the Office of the Commissioners in San Francisco.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationPetition for ReconsiderationSurgical Staff NorthCIGACommunity Hospital of Monterey PeninsulaAdj3765992SRO 0132531Decision After ReconsiderationOffice of the Commissioners

References

Case No. SRO 0126020

Regular

Nov 05, 2007

Nicholas Wilson vs. PRESTIGE ACURA, ST. PAUL TRAVELERS INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to award an additional attorney's fee of $12,631.00, to be commuted from the applicant's life pension, finding the WCJ's initial award of $16,739.40 was unreasonable. The Board found that *O'Keefe v. Workers' Comp. Appeals Bd.* does not prohibit fees from a life pension and that the applicant's attorney's significant efforts, responsibility, and results warranted a higher fee. The Board also clarified that proper notification to the applicant regarding the fee increase was given.

Workers Compensation Appeals BoardPetition for ReconsiderationAttorney's FeeLife PensionPermanent DisabilityGuardian ad LitemCognitive LossSkull FractureSeizure SyndromeVertigo

References

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TAMARA O'KEEFE vs. COSTCO WHOLESALE, INC.

ADJ118892VNO 0442877ADJ1041834VNO 0436039O'KeefeCostco WholesaleSedgwick CMSDeny ReconsiderationWCJ ReportAppeals Board

Lorraine O'Keefe vs. Surgical Staff North, Inc., CAL COMP, In Liquidation, CIGA, Adjusted by BROADSPIRE, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, Permissibly Self-Insured, Adjusted by CLAIMS MANAGEMENT, INC. (ADJ3765992), QUEEN OF THE VALLEY HOSPITAL, Permissibly Self-Insured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICE (ADJ2072207)

LORRAINE O'KEEFE vs. SURGICAL STAFF NORTH, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE SERVICES for CAL COMP, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, CLAIMS MANAGEMENT, INC.

LORRAINE O'KEEFE vs. SURGICAL STAFF NORTH, INC., CIGA by its servicing facility BROADSPIRE SERVICES, for CALCOMP in liquidation, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, Permissibly Self-Insured, CLAIMS MANAGEMENT INC.

Nicholas Wilson vs. PRESTIGE ACURA, ST. PAUL TRAVELERS INSURANCE

Workers Compensation Appeals BoardPetition for ReconsiderationAttorney's FeeLife PensionPermanent DisabilityGuardian ad LitemCognitive LossSkull FractureSeizure SyndromeVertigo