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

Case No. ADJ6658842
Regular
Dec 16, 2014

RAMIRO CERVANTEZ vs. STAFFMARK TRANSPORTATION, AIG

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was not filed from a "final" order, which must determine substantive rights or liabilities. The WCAB treated the petition as one for removal and denied it, finding no showing of substantial prejudice or irreparable harm. The WCAB admonished the applicant's attorney for filing a petition challenging a clearly non-final order. Therefore, the petition for reconsideration was dismissed, and removal was denied.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrderEvidentiary DecisionsRemovalSubstantial PrejudiceIrreparable HarmWCJ Report and Recommendation
References
11
Case No. ADJ7233959 ADJ7233792
Regular
Mar 28, 2011

SALVADOR LANDIN vs. STAFFMARK INVESTMENT, CHARTIS SAN DIEGO

This case involves an attorney's petition for reconsideration after an administrative law judge (WCJ) ordered them to pay defendant costs and a $\$500$ sanction. The applicant's attorney argued they did not have adequate notice and an opportunity to be heard regarding the sanctions. The Appeals Board granted reconsideration, rescinded the WCJ's orders, and returned the matter for further proceedings because the orders were issued without proper notice and opportunity to present a defense, violating due process. The Board emphasized that sanctions require proper procedure, including a notice of intent and a hearing.

WORKERS' COMPENSATION APPEALS BOARDSALVADOR LANDINSTAFFMARK INVESTMENTCHARTIS SAN DIEGOPETITION FOR RECONSIDERATIONWCJSANCTIONCOSTSLABOR CODE §5813DUE PROCESS
References
0
Case No. ADJ7356529
Regular
Apr 12, 2013

Gonzalo Garcia vs. STAFFMARK INVESTMENT, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board (WCAB) dismissed Long Beach Medical Center's (LBMC) petition for reconsideration of a lien dismissal as skeletal. The WCAB also granted removal on its own motion to issue a notice of intention to impose sanctions of up to $1,200.00 on LBMC and/or Jeanne Tieu. This action is due to LBMC's failure to present specific legal arguments or factual support for their petition, constituting bad-faith tactics. The WCAB found the petition frivolous and intended to cause unnecessary delay.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LiensLien ClaimantSkeletal PetitionLabor Code Section 5813SanctionsBad Faith ActionsJeanne TieuRemoval
References
0
Case No. ADJ6734350
Regular
Apr 29, 2014

MARTHA FRANCO vs. STAFFMARK TEMPORARY AGENCY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Workers' Compensation Appeals Board granted CIGA's Petition for Removal, rescinding the prior denial of CIGA's petition to join Travelers. CIGA sought to join Travelers, arguing it may have a right to reimbursement from them as a potential special employer. The WCJ incorrectly applied a statute barring contribution claims for cumulative injuries, when this was a specific injury. The Board returned the matter to the trial level for consideration of the joinder petition, ordering CIGA to properly serve Travelers.

Workers' Compensation Appeals BoardCIGAPetition for RemovalPetition for JoinderTravelers Property Casualty Company of Americareimbursementspecial employerToys R UsInsurance Code section 1063.1(c)(9)Miceli v. Jacuzzi
References
1
Case No. ADJ7319072
Regular
Nov 13, 2013

MARIO FABELA vs. STAFFMARK INVESTMENT, LLC, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board denied Mario Fabela's petition for reconsideration of a decision that found he did not sustain an injury arising out of and in the course of employment. The Board adopted the judge's report, which found Fabela's testimony lacked credibility, particularly in light of surveillance video showing him performing various physical activities with little difficulty two months after the alleged fall. Medical evidence also questioned the extent of his reported symptoms, noting negative diagnostic tests. Therefore, the Board concluded the evidence did not justify the applicant's claim for an industrial injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJGarza v. Workmen's Comp. Appeals Bd.Staffmark InvestmentLLCCannon CochranFabelaDate of Injury
References
1
Case No. ADJ10474797
Regular
Nov 13, 2017

Hernan Fuentes vs. STAFFMARK INVESTMENT, LLC, ACE AMERICAN INSURANCE COMPANY, CANNON COCHRAN

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior Findings and Order, and returned the case for further medical record development. The Board found the Qualified Medical Evaluator's (QME) report lacked substantial evidence due to the physician's apparent misunderstanding of workers' compensation principles and conflicting dates of maximum medical improvement. The applicant's primary treating physician's reports were also insufficient as they did not address a significant MRI finding of a re-tear. Therefore, a new medical evaluation from an Agreed Medical Examiner or a WCJ-selected physician is required to determine the applicant's entitlement to temporary disability indemnity.

Workers' Compensation Appeals BoardHernan FuentesStaffmark Investment LLCACE AMERICAN INSURANCE COMPANYCannon CochranADJ10474797San BernardinoPetition for ReconsiderationTemporary Disability IndemnityPrimary Treating Physician
References
0
Case No. POM 283452
Regular
Aug 07, 2007

GUADALUPE OLAGE vs. STAFFMARK, AMERICAN HOME INSURANCE, Adjusted By AIG/AMERICAN INTERNATIONAL CLAIMS

The Workers' Compensation Appeals Board granted reconsideration of a prior award, rescinding it due to insufficient evidence regarding the applicant's average weekly earnings. The Board found the applicant's irregular work hours necessitated a calculation based on earning capacity, but the record lacked evidence to accurately predict this capacity. The case is remanded to the trial level for further proceedings to determine the applicant's average weekly earnings.

Workers' Compensation Appeals BoardGuadalupe OlageStaffmarkAmerican Home InsuranceAIG/American International ClaimsCase No. POM 283452Opinion and Order Granting ReconsiderationDecision after ReconsiderationFindings and AwardIndustrial Injury
References
2
Case No. ADJ4609386 (AHM 0124161)
Regular
Jun 29, 2011

FRANCISCO CERVANTES vs. STAFFMARK INVESTMENTS, AIG CLAIM SERVICES, INC., as administered by CHARTIS CLAIMS, INC.

This case involves a defendant's Petition for Removal challenging a WCJ's order to proceed to trial. The defendant argued the matter was not ready due to insufficient medical evidence, but failed to object to the applicant's declaration of readiness to proceed. Furthermore, the defendant did not demonstrate efforts to supplement the existing medical reports. The Appeals Board denied removal, finding the defendant failed to show substantial prejudice or irreparable harm, and that further medical record development is possible post-submission.

Petition for RemovalWorkers' Compensation Appeals BoardIndustrial InjuryMandatory Settlement ConferenceDeclaration of ReadinessPrimary Treating PhysicianMedical EvidenceWCJ OrderSubstantial PrejudiceIrreparable Harm
References
3
Case No. ADJ1197547
Regular
Apr 02, 2013

RAMON LARIOS vs. STAFFMARK INC. WEST, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR ATLANTIC INSURANCE COMPANY in liquidation

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing N-Care's lien claim. N-Care failed to pay the required $100 lien activation fee before their lien conference, and a stipulation was entered acknowledging this failure. While N-Care paid the fee shortly after the order of dismissal was issued, the Board found this was not timely compliance with the regulation requiring payment prior to the lien conference or at its commencement. The Board adopted the judge's reasoning that payment "at" the hearing meant at the time the hearing commenced, not at some later point during the same day.

Lien activation feeDWC emergency regulation 10208(a)Labor Code section 4903(b)Petition for ReconsiderationOrder Dismissing LienDeclaration of Readiness to Proceedlien conferenceworkers' compensation administrative law judgeEAMS systemdisposition
References
0
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