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

Case No. 2024-40-5803
Regular Panel Decision
Sep 09, 2025

Reed, Kimberly v. Critical Nurse Staffing, LLC

In this interlocutory appeal, the Tennessee Workers' Compensation Appeals Board reviewed a trial court's order concerning an employee's work-related injuries. The employee, Kimberly Reed, reported a left arm/shoulder injury and later sought treatment for head/face/TMJ complaints. The trial court had ordered the employer, Critical Nurse Staffing, LLC, to provide a second opinion for shoulder surgery and a panel of otolaryngologists for the TMJ condition. The Appeals Board affirmed the order for a second opinion on shoulder surgery, finding the authorized physician's reports constituted a recommendation for surgery. However, the Board reversed the order for the otolaryngologist panel, concluding there was insufficient evidence at this stage to prove the TMJ condition was causally related to the work injury. The case was remanded for further proceedings.

Workers' Compensation AppealSecond Opinion Medical ReviewShoulder InjuryRotator Cuff TearTemporomandibular Joint DisorderCausation of InjuryMedical Treatment AuthorizationInterlocutory AppealEvidentiary StandardProcedural Compliance
References
10
Case No. ADJ6961963
Regular
Oct 07, 2009

ROSTHAM VARTANIAN vs. MIRACLE ROOTER PLUMBING, STATE COMPENSATION INSURANCE FUND

The Applicant's petition for reconsideration of the October 7, 2009 Order Approving Compromise and Release is dismissed for non-compliance with legal requirements. The WCAB suggests the applicant may seek review under Labor Code section 5803.

Compromise and ReleasePetition for ReconsiderationWCJLabor Code sections 59025903good causereopenrescindedalteredamended
References
7
Case No. LAO 0827308
Regular
Jul 30, 2007

David Phillips vs. ON LINE COMMUNICATIONS, STATE COMPENSATION INSURANCE FUND

This case involves an applicant who sought to reopen a workers' compensation settlement, alleging improper temporary disability payments. The Court of Appeal found "good cause" to reopen under Labor Code section 5803, even without evidence of fraud. Consequently, the Appeals Board granted reconsideration, rescinded the prior decision, and returned the matter to the trial level for further proceedings.

RemittiturPetition to ReopenSet Aside Compromise and ReleaseGood Cause to ReopenLabor Code Section 5803FraudTemporary Disability PaymentsCourt of Appeal OpinionAnnulled OrderRescinded Findings and Order
References
1
Case No. ADJ456440 (ANA 0402548) ADJ7979843
Regular
Feb 03, 2014

GLENN MORASH vs. C & B TOWING AND TRANSPORT, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed the applicant's Petition for Removal because the Order of Dismissal for Lack of Prosecution was a final order, making reconsideration, not removal, the appropriate remedy. The applicant's argument that the Board could set aside the dismissal under Labor Code section 5803 or equity powers under Code of Civil Procedure section 473 was rejected. The Board also admonished the applicant's attorney to file more coherent and specific petitions in the future.

Petition for RemovalOrder of DismissalLack of ProsecutionLabor Code section 5803inherent equity powerCode of Civil Procedure section 473Section 5900(a)aggrievedfinal orderreconsideration
References
0
Case No. ADJ7872785
Regular
Mar 14, 2014

CLAUDE TOLBERT vs. SUPERIOR TRANSPORT COMPANY, LLC, FIRST COMP

This case concerns a Petition for Reconsideration filed by Superior Transport Company, LLC. The Workers' Compensation Appeals Board dismissed the petition as untimely because it was filed more than 25 days after the December 11, 2013 award. Despite the dismissal, the matter is returned to the trial level. The WCJ will now determine whether the stipulations can be set aside under Code of Civil Procedure section 473 or reopened under Labor Code section 5803.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedUntimelyReport and RecommendationWCJLabor Code section 5903Code of Civil Procedure section 1013StipulationsSet Aside
References
0
Case No. OAK 0295936
Regular
May 20, 2008

ANGELA LOPEZ vs. ENVIRONMENT & LAND MANAGEMENT, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration, finding the WCJ's March 11, 2008 order was not a final determination. However, the Board granted the defendant's petition for removal to correct procedural confusion, rescinding the WCJ's order. The Board will return the case to the trial level for the WCJ to determine if good cause exists under Labor Code § 5803 to vacate the original May 12, 2006 dismissal, allowing the applicant to proceed with her existing claim number.

Petition for ReconsiderationPetition for RemovalMinute OrderDismissal with PrejudiceReopen ClaimLabor Code § 5803Rescind OrderVacate DismissalPetition to ReopenDeclaration of Readiness
References
4
Case No. ADJ9134227
Regular
Dec 18, 2015

VICTOR DIAZ vs. EXXEL OUTDOORS, INC.; THE HARTFORD

The applicant sought reconsideration of a dismissal order, arguing the judge failed to issue a proper notice of intent to dismiss. The Board denied the petition, finding the judge correctly amended an initial dismissal order to correct an error specifying dismissal "with prejudice" instead of "without prejudice" as initially noticed. This amendment was authorized by WCAB Rule 10859 and Labor Code 5803 to rectify a mistake and conform the order to the notice, which the applicant had not objected to. Therefore, no due process violation occurred, and the applicant received the relief sought.

WCABPetition for ReconsiderationAmended Order Dismissing CaseNotice of Intention to DismissDismissal without prejudiceDismissal with prejudiceWCJWCAB Rule 10582WCAB Rule 10780WCAB Rule 10859
References
3
Case No. ADJ7785865
Regular

FABIOLA MARTINEZ vs. PRIORITY BUSINESS SERVICES, INC., TRAVELERS

The defendant sought removal of the WCJ's order rescinding a Compromise and Release (C&R), arguing the applicant's petition to set aside was untimely. The Appeals Board dismissed the defendant's petition due to improper service. However, the Board granted removal on its own motion, rescinded the WCJ's order, and returned the matter for a hearing on the applicant's petition to set aside the C&R. This decision acknowledges the applicant's petition was indeed untimely, but asserts the Board's authority to review the C&R for good cause under Labor Code section 5803.

Workers' Compensation Appeals BoardPetition for RemovalOrder Approving Compromise and ReleasePetition to Set Asideuntimely petitionPro Per ApplicantWCJremoval on Appeals Board motionGood CauseLabor Code Section 5803
References
5
Case No. ADJ2231165 (MON 0343387) ADJ4329424 (MON 0343386)
Regular
Jan 25, 2017

GLADYS RAMOS vs. TROY CSL LIGHTING, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) affirmed two orders rescinding prior dismissals of applicant Gladys Ramos's cases. The dismissals were rescinded because SCIF failed to properly serve Ramos with notice of dismissal proceedings, violating due process and WCAB rules. SCIF's arguments regarding lack of jurisdiction and time limitations were rejected, as the orders rescinding dismissal were not final and SCIF's service failures constituted good cause for rescission under Labor Code section 5803. Consequently, SCIF's petitions for reconsideration and removal were denied.

WCABReconsiderationRemovalOrder Rescinding DismissalLack of ProsecutionImproper ServiceDue ProcessWCAB Rule 10582Labor Code Section 5803Labor Code Section 5804
References
0
Case No. ADJ1982707, ADJ6743542, ADJ2488929
Regular
Jan 30, 2014

BENNIE MARZETT vs. PACIFIC GAS & ELECTRIC COMPANY

In this workers' compensation case, the Appeals Board denied Pacific Gas & Electric's petition for reconsideration of an order imposing sanctions. The defendant argued the WCJ lacked jurisdiction due to the time elapsed since the injury and that due process required a hearing. The Board affirmed the sanctions, clarifying that the Appeals Board's continuing jurisdiction under Labor Code section 5803 to impose sanctions is separate from an applicant's ability to reopen a case for new and further disability. Furthermore, the Board found that due process was satisfied as the defendant failed to respond to the Notice of Intention to Impose Sanctions, negating the need for an oral hearing.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsLabor Code section 5410Continuing JurisdictionLabor Code section 5803Labor Code section 5804Labor Code section 5813Due ProcessNotice of Intention to Impose Sanctions
References
5
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