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

Case No. ADJ8041070
Regular
Aug 20, 2014

JUANA MONROY vs. GATE GOURMET INC., TRAVELERS, XL SPECIALTY INSURANCE COMPANY

The Appeals Board denied Travelers' Petition for Removal, which sought to reverse an order taking the case off calendar. The Board found that placing the matter off calendar would not cause substantial prejudice to Travelers. However, due to a genuine issue regarding injury arising out of and occurring in the course of employment (AOE/COE), the Board ordered bifurcation of that issue. The case will be reset for a priority conference, and if the AOE/COE issue is not resolved, it will proceed to trial on that specific matter.

Petition for RemovalOff Calendar OrderAOE-COEBifurcationAgreed Medical EvaluatorWCJ Report and RecommendationSubstantial PrejudiceIrreparable HarmPriority Conference CalendarPretrial Conference Statement
References
Case No. ADJ6875445
Regular
Aug 02, 2010

JOSE RIVAS vs. NNC MANAGEMENT, LLC/ADP TOTAL SOURCE, SPECIALTY RISK SERVICES

Defendant NNC Management, LLC/ADP Total Source sought removal of a WCJ's order to proceed to trial on both AOE/COE and temporary disability. The applicant claimed an injury in January 2009, and the employer denied it based on a post-termination defense. The defendant argues they were denied due process by being forced to litigate temporary disability without prior notice, as the initial proceedings focused solely on AOE/COE. The Appeals Board granted the petition for removal, amending the order to limit the August 4, 2010 trial to the AOE/COE issue only.

Petition for RemovalPost-termination defenseAOE/COETemporary DisabilityDue ProcessDeclaration of Readiness to ProceedPriority ConferenceMandatory Settlement ConferenceDiscoverySubstitution of Attorneys
References
Case No. ADJ7104046
Regular
May 17, 2011

TOMMIE WRIGHT vs. SUPREME COURT OF CALIFORNIA, CORVEL CORPORATION, INC.

In this workers' compensation case, the defendant petitioned for removal, arguing the trial should not proceed due to issues with the Agreed Medical Evaluator's (AME) review and deposition scheduling, as well as the applicant's failure to raise the injury AOE/COE in her declaration of readiness. The Appeals Board granted the petition, finding the applicant's omission of AOE/COE from her DOR problematic. Consequently, the Board redesignated the scheduled trial as a mandatory settlement conference to allow for further resolution, especially after the AME provided a supplemental report.

Petition for RemovalAgreed Medical Evaluator (AME)Declaration of Readiness to Proceed (DOR)Mandatory Settlement Conference (MSC)Injury Arising Out of and Occurring in the Course of Employment (AOE/COE)Supplemental ReportDepositionPretrial Conference StatementWorkers' Compensation Administrative Law Judge (WCJ)Workers' Compensation Appeals Board (WCAB)
References
Case No. ADJ10575875
Regular
Jul 12, 2019

DANA BROUSSARD vs. STATE OF CALIFORNIA, LANCASTER STATE PRISON

This case concerns an office technician who developed transverse myelitis following a Hepatitis B vaccination series received as part of her employment. The applicant's physician, Dr. Chodakiewitz, concluded that it was medically probable the vaccination caused the injury, despite acknowledging other potential causes could not be definitively ruled out. The Workers' Compensation Appeals Board granted reconsideration and found substantial evidence supporting injury arising out of and occurring in the course of employment (AOE/COE). The Board affirmed the WCJ's finding of AOE/COE, reversing the prior decision to defer this issue.

Transverse MyelitisHepatitis B VaccinationNeurological InjuryMedical CausationAOE/COEPetition for ReconsiderationSubstantial EvidenceReasonable Medical ProbabilityQME OpinionOffice Technician
References
Case No. ADJ9174788
Regular
Jun 09, 2004

JEFFREY ROGERS vs. FRESH AND EASY NEIGHBORHOOD MARKET, LIBERTY MUTUAL INSURANCE COMPANY

Defendant Fresh and Easy Neighborhood Market sought removal of an order setting a Mandatory Settlement Conference (MSC) for April 1, 2014, alleging prejudice. However, the MSC proceeded as scheduled, and the defendant's petition for removal was not received by the Appeals Board until after the conference had concluded. Consequently, the petition was rendered moot. The Appeals Board dismissed the petition, noting the orderly progression of the case towards a trial set for June 17, 2014, which was limited to specific issues with discovery remaining open.

Petition for RemovalMandatory Settlement ConferenceElectronic Adjudication Management SystemAOE/COE conferenceWCJmootQualified Medical EvaluatorReport and RecommendationCumulative TraumaIndustrial Injury
References
Case No. ADJ9905068
Regular
Jan 27, 2017

ASUNCION HERNANDEZ vs. MASON HILL, INC. and EMPLOYERS PREFERRED INSURANCE COMPANY; ELLA LANE, INC. and ZURICH AMERICAN INSURANCE COMPANY by GALLAGHER BASSETT SERVICES, INC./EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Applicant's Petition for Removal. The Board found that the Workers' Compensation Judge (WCJ) denied Applicant due process by issuing orders for trial and sanctions without Applicant's attorney present to identify issues. The Board rescinded the WCJ's orders and scheduled a Mandatory Settlement Conference. The matter is returned to the WCJ for further proceedings.

Petition for RemovalDue ProcessAOE/COEPriority ConferenceFailure to AppearSanctionsMandatory Settlement ConferencePre-Trial Conference StatementRescinded OrderSubstantial Prejudice
References
Case No. ADJ398757 (LBO 0393631)
Regular
Dec 24, 2010

GARY E. MORGAN vs. REYNOLDS BUICK, GMC & PONTIAC, ICW GROUP

The applicant sought removal, arguing that proceeding to trial on injury arising out of and occurring in the course of employment (AOE/COE) without a Qualified Medical Evaluator (QME) opinion would be prejudicial. The defendants asserted factual defenses and their due process rights. The Appeals Board granted removal, finding that the applicant carries the burden of proof for AOE/COE. Therefore, the Board amended the trial order to exclude AOE/COE, allowing only the issue of travel expenses for a QME evaluation to be tried.

Petition for RemovalAOE/COEQualified Medical EvaluatorPQMECompensabilityTravel ExpensesLabor Code Section 4060Burden of ProofIndustrial InjuryMedical-Legal Evaluation
References
Case No. ADJ10297312
Regular
Aug 10, 2016

ARACELI SAENZ DIAZ vs. MICHAEL'S STORES, SAFETY NATIONAL CASUALTY, GALLAGHER BASSETT SERVICES, INC.

The defendant sought removal of an order setting a Priority Conference, arguing it denied due process and would cause prejudice. The defendant contended the conference was premature as they had denied the claim and were awaiting a QME evaluation. However, the Workers' Compensation Appeals Board (WCAB) discovered the Priority Conference had already occurred and a trial date was set. Consequently, the WCAB dismissed the defendant's Petition for Removal as moot.

Petition for RemovalPriority ConferenceAOE/COEQME panelLabor Code section 4060due processdiscoverymootWorkers' Compensation Appeals BoardWCJ
References
Case No. ADJ7885937
Regular
Apr 16, 2013

TARA MILLER vs. MACY'S WEST/MACY'S CORPORATE SERVICES

This case involves Tara Miller's workers' compensation claim against Macy's West for a slip and fall injury. Macy's petitioned for reconsideration of the Workers' Compensation Appeals Board's (WCAB) decision finding injury AOE/COE to the applicant's left wrist and back. The WCAB denied reconsideration, adopting the WCJ's report which found the applicant credible and the evidence supported the injury finding. Additionally, the petition was denied as it was not properly verified as required by Labor Code section 5902.

AOE/COEPetition for ReconsiderationWorkers' Compensation Appeals BoardPermissibly Self-InsuredWCJ credibilityLabor Code section 5902improperly verifiedinjury AOE/COEtemporary disabilityDefense Exhibit E
References
Case No. ADJ11242649, ADJ10707082
Regular
Apr 03, 2020

MARIA LOPEZ vs. TREEHOUSE PRIVATE BRANDS/ CONAGRA BRANDS, INC., and TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA administered by TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board rescinded the previous findings and deferred the issue of injury arising out of and occurring in the course of employment (AOE/COE) in both cases. The Board found that the Qualified Medical Examiner's reports lacked substantial evidence, particularly regarding the analysis of MRI results and the explanation for dismissing applicant's claims. The matter is returned to the WCJ to allow the parties to develop the record, potentially by appointing a "regular physician" for further evaluation. The Board also rejected the defendant's due process claim as moot.

AOE/COEPetition for ReconsiderationFindings of FactOrder Vacating Submissionorthopedic qualified medical examiner (QME)substantial evidencedevelop the recordregular physiciancumulative injuryspecific injury
References
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