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

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
0
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
0
Case No. ADJ7624234
Regular
Jun 13, 2013

EMMA DEL ROSARIO vs. EAST VALLEY MEDICAL CENTER, CYPRESS INSURANCE, BERKSHIRE HATHAWAY

The defendant filed a Petition for Removal on May 3, 2013, requesting an amendment to a prior order continuing the case to trial. However, the defendant subsequently filed a notice withdrawing this petition on May 28, 2013. In accordance with WCAB Rule 10843(d), the Appeals Board dismissed the withdrawn Petition for Removal.

Petition for RemovalWithdrawal of PetitionAppeals BoardWCJDismissalContinued to TrialWorkers' CompensationAdministrative Law JudgeADJ7624234East Valley Medical Center
References
0
Case No. ADJ9938323
Regular
Aug 19, 2015

PIO HERNANDEZ VARGAS vs. LOS ARBOLES HARVESTING, INC., CALIFORNIA FARM MANAGEMENT, INTERCARE HOLDINGS INSURANCE SERVICES

This case involves a Petition for Removal that was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was based on the petition's failure to be verified, as required by WCAB Rules 10843(b) and 10450(e). The applicant was given notice of this defect but failed to cure it within a reasonable time. Even if it hadn't been dismissed for lack of verification, the petition would have been denied on its merits.

Petition for RemovalUnverified PetitionWCAB RulesWCJ ReportDismissalVerification DefectNotice of DefectCure DefectCompelling ReasonPrejudice
References
2
Case No. ADJ7972688, ADJ7972650
Regular
Jun 04, 2014

MARIA VENTURA vs. MIRACLE SPRINGS RESORT, PUBLIC SERVICE MUTUAL INSURANCE COMPANY c/o CORVEL

The Workers' Compensation Appeals Board dismissed Maria Ventura's Petition for Removal in case number ADJ7972688, ADJ7972650. The dismissal was based on the lack of a showing of significant prejudice or irreparable harm, as well as the Workers' Compensation Judge's prior April 17, 2014 Order. This order aligns with California Code of Regulations, title 8, section 10843.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ's OrderSignificant PrejudiceIrreparable HarmCal. Code Regs tit. 8 § 10843DismissalADJ7972688ADJ7972650Miracle Springs Resort
References
0
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
0
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
1
Case No. ADJ2862412 (LBO 0337338)
Regular
Jun 08, 2009

MICHAEL BRAJEVICH vs. TORRANCE UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal because it was unverified. The defendant sought to rescind a prior order continuing the matter to trial, arguing a previous award was clear and the lien claimant should have sought reconsideration. WCAB Rule 10843(b) mandates verification for petitions for removal and answers thereto. Because the petition lacked verification, it was summarily dismissed.

Petition for RemovalUnverified PetitionWCAB Rule 10843(b)Verified PleadingsRescind OrderOrder of ContinuationLien ClaimantIrreparable HarmVerified PetitionWorkers' Compensation Appeals Board
References
0
Case No. ADJ145973
Regular
Apr 28, 2011

Kimberly Orr vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) dismissed Applicant's Petition for Removal because it was not verified as required by WCAB Rule 10843(b). The petition sought to rescind a Notice of Intention to Dismiss for Failure to Appear, arguing Applicant's counsel did attend a mandatory settlement conference. The WCAB would have denied the petition on the merits, adopting the WCJ's report. Additionally, the WCAB admonished Applicant's attorney for impugning the WCJ's integrity.

Petition for RemovalVerified PetitionUnverified PetitionMandatory Settlement Conference (MSC)Failure to AppearDismissalWorkers' Compensation Appeals Board (WCAB)WCJContemptSanctions
References
1
Case No. ADJ6705462
Regular
Oct 24, 2018

DON ESQUEDA vs. PACIFIC COAST SHOTCRETE, INC., UEBTF LOS ANGELES

The Workers' Compensation Appeals Board denied Don Esqueda's Petition for Reconsideration based on the Administrative Law Judge's report. The Board also dismissed Esqueda's Petition for Removal, finding it was an improper procedural vehicle. Appeals Board Rule 10843 requires demonstration that reconsideration is inadequate to seek removal. An Order Dismissing Lien is considered a final order, making reconsideration the appropriate remedy, not removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJ ReportFinal OrderOrder Dismissing LienLien ClaimantSubstantive RightLiabilitySafeway Stores
References
2
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