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

Case No. ADJ9398564
Regular
Jun 12, 2018

JEROME POLAND vs. COUNTY OF SAN BERNARDINO

The applicant, Jerome Poland, filed a Petition for Reconsideration without his attorney in response to a notice of intention to disallow his claim. The Workers' Compensation Judge (WCJ) subsequently issued an "Order Vacating Submission" in response to this petition. Citing WCAB Rule 10859, which allows a WCJ to amend or rescind a decision within fifteen days of a reconsideration petition, the Board dismissed the applicant's petition. This dismissal was based on the WCJ's action in vacating submission within the allowable timeframe.

Workers' Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to DisallowWorkers' Compensation Administrative Law JudgeOrder Vacating SubmissionWCAB Rule 10859Amend or ModifyRescindFurther ProceedingsDismissed Petition
References
1
Case No. ADJ312652 (STK 0204453)
Regular
Nov 14, 2008

AMADOR CISNEROS vs. CBC FRAMING and VIRGINIA SURETY, adjusted by CAMBRIDGE INTEGRATED RESOURCES

This case involves a dispute over a Workers' Compensation Appeals Board (WCAB) decision to set aside a prior order and require the defendant to produce the claims adjuster for testimony. The WCAB denied the defendant's petition for removal, finding no abuse of discretion by the judge who properly used WCAB Rule § 10859 to rescind the prior order and allow for further proceedings. The defendant's arguments regarding the applicant's failure to produce the adjuster at trial were deemed premature as no order compelling appearance had been issued.

WCABPetition for RemovalOrder Setting Aside FindingsWCJ DiscretionWCAB Rule 10859Claims AdjusterMandatory Settlement ConferencePetition for ReconsiderationWCAB Rule 10843(b)AOE/COE
References
1
Case No. ADJ9120917, ADJ6899995
Regular
Sep 16, 2016

RICK STEIN vs. CITY OF HUNTINGTON BEACH

The WCAB dismissed the defendant's petition for reconsideration because the WCJ's order vacating a prior order approving a compromise and release was not a final order. The Board granted the defendant's petition for removal to amend the vacating order, specifying the matter should be set for a status conference. This action was taken under WCAB Rule 10859, allowing the WCJ to rescind an order and conduct further proceedings within 30 days. The case is returned to the WCJ to determine if good cause exists to set aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseOrder Approving Compromise and ReleaseOrder Vacating Order Approving Compromise and ReleaseWCJLabor Code Section 132(a)Cumulative Trauma InjuryLeft Knee Injury
References
6
Case No. ADJ9202952
Regular
Nov 05, 2018

MARIA LOPEZ vs. KELLERMEYER BERGENSON SERVICES, LLC, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The WCAB dismissed the defendant's Petition for Reconsideration of an Order Vacating, finding the order was not a final decision. However, it granted the defendant's Petition for Removal of that same Order Vacating, deeming it untimely under WCAB Rule 10859. Consequently, the WCAB vacated the Order Vacating, restoring the original July 5, 2018 Findings of Fact. The WCAB also dismissed the lien claimant's Petition for Removal, affirming the July 5, 2018 Findings of Fact which held the lien claimant bound by prior causation findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder VacatingFindings of FactAdministrative Law JudgeLien ClaimantSubstantial PrejudiceIrreparable HarmFinal Order
References
0
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. ADJ8149506
Regular
Jul 19, 2017

MARTHA BELTRAN vs. KIMCO STAFFING/KIMSTAFF HR, SEDGWICK CMS

Here's a concise summary for a lawyer: A Petition for Reconsideration was filed by a lien claimant on June 9, 2017, challenging Findings and Orders issued on May 15, 2017. The Workers' Compensation Judge (WCJ) issued an order rescinding those Findings and Orders on June 26, 2017. However, this rescission occurred 16 days after the petition, exceeding the 15-day limit under Rule 10859, rendering the rescission order void. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to affirm the WCJ's intent, validating the rescinded Findings and Orders.

WCABPetition for ReconsiderationOrder RescindingFindings and OrdersAdministrative Law JudgeLien ClaimantVoid OrderAffirm OrderKimco StaffingSedgwick CMS
References
0
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