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The petition for removal is denied because the applicant did not demonstrate significant prejudice or irreparable harm. The petition is not dismissed despite applicant's failure to fully comply with Rule 10850.
This case concerns a petition for removal filed by the applicant's attorney, seeking to overturn an order denying their request to be relieved as counsel. The petition was dismissed because it was not served on the applicant, who is considered a necessary party in such proceedings. Failure to serve all parties, as required by WCAB Rule 10850, is grounds for dismissal. Therefore, the Appeals Board dismissed the petition for removal.
The Workers' Compensation Appeals Board dismissed Robert Krening's Petition for Reconsideration. The dismissal was based on two procedural defects: the petition was not verified as required by Labor Code section 5902, and it was not served on the defendant, violating Labor Code section 5905 and WCAB Rule 10850. Had these procedural issues been rectified, the Board would have denied the petition on its merits based on the administrative law judge's report.
This case involves applicant Jose Juan Esquivel's petition for reconsideration of a workers' compensation finding. The Workers' Compensation Appeals Board dismissed the petition because it was "skeletal" and failed to meet specific statutory and regulatory requirements. The petition did not detail the grounds for reconsideration, cite evidence, or clearly state contentions as mandated by Labor Code section 5902 and WCAB Rules 10842, 10846, and 10852. Additionally, the proof of service was defective under Rule 10850, providing a separate basis for dismissal.
The Workers' Compensation Appeals Board dismissed Mary Jochim's petition for reconsideration against MEE Memorial Hospital. The dismissal was based on two grounds: the petition was "skeletal," lacking sufficient detail, and it was not properly served on all adverse parties as required by law. This procedural deficiency led to the outright dismissal of the reconsideration request.
The Workers' Compensation Appeals Board (WCAB) dismissed Nylok LLC's petition for reconsideration in *Trujillo v. Nylok LLC*. This dismissal was based on the failure to properly serve the petition on the adverse party, applicant Maria Trujillo or her attorney. Labor Code section 5905 mandates such service, and its absence is grounds for dismissal under California Code of Regulations, title 8, section 10850. Had the merits been considered, the WCAB indicated it would have denied the petition based on established precedent regarding the date of ongoing treatment services.
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The petition was deficient as it was unsigned, unverified, and lacked proof of service on all parties. These defects violate Labor Code section 5902 and California Code of Regulations, title 8, section 10850. Even if the petition had been procedurally sound, the WCAB indicated it would have been denied on its merits.
The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.
This case involves a Petition for Removal filed by the defense in Lilian Martinez v. Golden State Seafood, Inc. The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal, adopting the reasoning of the administrative law judge. The WCAB also strongly admonished defense counsel for procedural violations, including failing to include her bar number and not serving all lien claimants. Further non-compliance with WCAB rules risks sanctions.
The Workers' Compensation Appeals Board dismissed Sandra Delao's petition for reconsideration because it was untimely filed. The petition was filed over 25 days after the WCJ's December 10, 2015 decision, exceeding the statutory filing deadline. Additionally, the petition was not verified and was not served on applicant's attorney or defendant's attorney, providing further grounds for dismissal. Therefore, the Board had no jurisdiction to consider the petition's merits.
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