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

Case No. ADJ3040480
Regular
Feb 19, 2009

ERIC BROWN vs. JOHNSON CONTROLS WORLD SERVICES, INC, AIMS, SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) dismissed defendant Johnson Controls World Services, Inc.'s petition for removal. The petition sought to reverse an order taking the case off calendar, but it was filed forty days after service, exceeding the twenty-day limit. Furthermore, the petition lacked the required verification and proof of service. Even if considered on its merits, the WCAB would have denied the petition.

Workers' Compensation Appeals BoardPetition for RemovalOff CalendarAdministrative Law JudgeReopeningTimelinessWCAB Rule 10843(a)WCAB Rule 10843(b)WCAB Rule 10850Proof of Service
References
Case No. ADJ6467111
Regular
Apr 08, 2014

LUCIA TAPIA vs. VALLEY OAK LABOR SERVICE, ZENITH INSURANCE COMPANY

This case involves a workers' compensation claim where the applicant alleged new and further permanent disability after a prior stipulated award. The defendant sought removal to challenge the administrative law judge's decision to take the matter off calendar for further discovery and reevaluation, arguing insufficient proof of new permanent disability. The Appeals Board denied the petition for removal, adopting the WCJ's reasoning and finding the defendant failed to demonstrate significant prejudice or irreparable harm. The Board also noted the defendant's cited cases were not applicable to the applicant's specific claim of increased permanent disability.

Petition for RemovalPanel Qualified Medical EvaluatorCompromise and ReleasePetition to ReopenNew and Further Permanent DisabilityStipulated AwardDeclaration of Readiness to ProceedMandatory Settlement ConferenceWCJ Report and RecommendationWCAB Rule 10843(a)
References
Case No. ADJ6685001
Regular
Jun 07, 2011

RAQUEL CECENA vs. SEARS TOPANGA PLAZA, SEDGWICK CMS, INC.

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal because it was untimely, filed thirty days after the order when the deadline was twenty days. Additionally, the petition was not verified as required by WCAB rules. The Board further noted that even if considered on the merits, the petition would have been denied based on the WCJ's report. Therefore, the petition was dismissed for procedural deficiencies.

Petition for RemovalUnverified PetitionUntimely PetitionWCAB Rule 10843(a)WCAB Rule 10843(b)Due Process RightsPrematurely Closing DiscoveryMedical IssuesWorkers' Compensation Administrative Law JudgeReport and Recommendation on Removal
References
Case No. ADJ7690991 ADJ7694966
Regular
Apr 18, 2013

MABEL MARK vs. CHINATOWN SERVICE CENTER (NON PROFIT), BHHC/CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal because it was untimely filed. The defendant had notice of a lien hearing on October 30, 2012, but did not file the petition until February 22, 2013, exceeding the 20-day deadline. Even if timely, the petition would have been denied on its merits, as the WCAB has jurisdiction to schedule lien proceedings in any district office. Therefore, the petition for removal is dismissed.

Petition for RemovalTimely-FiledWCAB Rule 10843(a)Lien HearingOxnard District OfficeLabor Code Section 133Appeals Board JurisdictionCase-in-ChiefFlores v. United California BankDismissed
References
Case No. ADJ8237611, ADJ8237609
Regular
Jan 10, 2014

CLORIA ZACARIAS vs. TRUE LEAF FARMS, NATIONAL UNION FIRE INSURANCE COMPANY

This case involves an applicant, Gloria Zacarias, seeking workers' compensation. The defendants are True Leaf Farms and its insurer. The Workers' Compensation Appeals Board (WCAB) denied the defendants' Petition for Removal. The WCAB found that the petition did not demonstrate irreparable harm as required by WCAB Rule 10843.

Petition for RemovalIrreparable HarmWCAB Rule 10843Administrative Law Judge ReportWorkers' Compensation Appeals BoardTrue Leaf FarmsNational Union Fire Insurance CompanyAthens AdministratorsADJ8237611ADJ8237609
References
Case No. MON 329349 MON 329350 MON 329351
Regular
Feb 15, 2008

AGUSTIN PRECIADO vs. CHAMPION ENTERPRISES, INC./SILVERCREST; ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Removal. The petition was untimely filed under WCAB Rule 10843 and the petitioner failed to demonstrate significant prejudice or irreparable harm from the underlying Notice of Intention to Dismiss. Consequently, the WCAB ordered the dismissal of the Petition for Removal.

Petition for RemovalWCJ ReportTimelinessWCAB Rule 10843Significant PrejudiceIrreparable HarmNotice of IntentionDismissalWorkers' Compensation Appeals BoardAgustin Preciado
References
Case No. ADJ9012109
Regular
Jun 12, 2014

ROSALIO NAVA vs. JOSEPH GALLO CATTLE COMPANY, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal in the case of *Rosalio Nava v. Joseph Gallo Cattle Company; Seabright Insurance Company*. The WCAB adopted the Administrative Law Judge's report, finding that the petitioner failed to demonstrate substantial prejudice or irreparable harm as required by WCAB Rule 10843. Consequently, the petition for removal was denied.

Petition for RemovalWCAB Rule 10843Substantial PrejudiceIrreparable HarmSupplemental PetitionDenying RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportApplicantDefendant
References
Case No. ADJ2931695 (VNO 0522520) ADJ1823406 (VNO 0546227)
Regular
Jul 16, 2012

SANDY CASTLE vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal because it was untimely and unverified, violating WCAB Rules 10843(a) and 10844. The petition sought to rescind an order that took the case off calendar without ruling on the applicant's issues regarding an agreed medical evaluator's payment and a benefit printout. The Board adopted the judge's report and recommendation, finding the petition procedurally deficient. One commissioner dissented, arguing the judge should have ordered the benefit printout and payment of the AME's bill.

Petition for RemovalWorkers' Compensation Appeals BoardWCJDeclaration of Readiness to ProceedAgreed Medical EvaluatorAMEBenefit PrintoutWCAB Rule 10843(a)WCAB Rule 10844Untimely Petition
References
Case No. ADJ6743571, ADJ7493283
Regular
Jun 14, 2013

STEPHEN CARBONARO vs. EAST BAY MUNICIPAL UTILITY, DISTRICT, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the consolidation of two cases concerning toxic exposure claims. The Board found that the defendant failed to demonstrate significant prejudice or irreparable harm from the consolidation, as required by WCAB Rule 10843. Although the defendant argued it lacked an opportunity to respond to the initial consolidation order, the Board noted their Petition for Removal served as this response. The Board adopted the WCJ's reasoning that consolidation was appropriate due to common issues of fact regarding toxic exposure and would promote judicial efficiency.

Petition for RemovalPetition for ConsolidationWCAB Rule 10843WCAB Rule 10589irreparable harmsignificant prejudiceabuse of discretioncommon issues of factStatute of Limitationstoxic chemical exposure
References
Case No. ADJ8383910
Regular
Feb 14, 2013

ALVARO ORTEGA vs. VALLEYCREST LANDSCAPE, ESIS

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal. The dismissal was based on the petition's failure to be verified as required by WCAB Rule 10843(b). Furthermore, the Board would have denied the petition on its merits even if it had been properly verified. The Board also admonished defense counsel for failing to fairly state all material evidence as required by WCAB Rule 10842(a).

Petition for RemovalWCAB Rule 10843(b)WCAB Rule 10842(a)DiscoveryDue DiligenceAOE/COEPanel QMEMedical RecordsCausationSanctions
References
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