Updated Daily

Case Law Database

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

Case No. ADJ8039055

Regular

Dec 02, 2013

JAMIE WOODS vs. CITY OF SANTA ROSA POLICE DEPARTMENT

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. The Board adopted the WCJ's report and rationale for the denial. Applicant's counsel was admonished for citing medical reports not in evidence and for improperly raising issues regarding defendant's post-award conduct.

WCABPetition for ReconsiderationDeniedWCJ reportApplicant's counselSanctionsAdmonishCiting medical reportsNot in evidenceWCAB Rule 10842(a)

References

Case No. ADJ6658842

Regular

Dec 16, 2014

RAMIRO CERVANTEZ vs. STAFFMARK TRANSPORTATION, AIG

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was not filed from a "final" order, which must determine substantive rights or liabilities. The WCAB treated the petition as one for removal and denied it, finding no showing of substantial prejudice or irreparable harm. The WCAB admonished the applicant's attorney for filing a petition challenging a clearly non-final order. Therefore, the petition for reconsideration was dismissed, and removal was denied.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrderEvidentiary DecisionsRemovalSubstantial PrejudiceIrreparable HarmWCJ Report and Recommendation

References

Case No. ADJ6677398

Regular

Apr 04, 2013

ROSA SILLAS vs. QUICK CREATIONS USA, GALLAGHER BASSETT

This case involves a Petition for Reconsideration filed by Prime Medical Resources on behalf of certain lien claimants concerning Rosa Sillas' workers' compensation claim. The Board denied the petition, adopting the WCJ's report which found that Prime Medical Resources lacked standing as they were not the attorneys or representatives of record for the lien claimants. Furthermore, the petition was improperly filed and included extraneous documents, violating Board rules. Prime Medical Resources was admonished for these procedural missteps.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJBoard Rule 10550Rule 10842(c)Lien ClaimantCompromise & ReleasePetition for dismissalAdmonishEAMS

References

Case No. ADJ3669487

Regular

Jul 21, 2015

JAMES WILLIAMS vs. BARKER MANAGEMENT, ARGONAUT INSURANCE COMPANY

The applicant, James Williams, sought reconsideration of an order disapproving a compromise and release agreement he unilaterally submitted for approval. The agreement, purportedly for $17,835,417.18, was only signed by the applicant and did not reflect the agreement of the defendants, including the Subsequent Injuries Benefits Trust Fund (SIBTF) who offered to settle for $6,000. The Appeals Board dismissed the petition, adopting the WCJ's report, because a valid compromise and release requires mutual assent and signatures from all parties. The Board also admonished the applicant for his misleading submission, citing potential sanctions under Labor Code Section 5813.

Order Disapproving Compromise and ReleasePetition for ReconsiderationWCJCompromise and ReleaseUncontestedSubsequent Injuries Benefits Trust FundLabor Code Section 5813(a)SanctionsBad-faith actionsFrivolous

References

Case No. ADJ7329415

Regular

Jan 14, 2014

DAVID ACUNA vs. AADLEN BROTHERS AUTO WRECKING, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was filed from a non-final interlocutory order, not a substantive award or decision. The Board also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. The defendant was admonished against filing such impermissible petitions in the future.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrderProcedural DecisionEvidentiary DecisionRemovalSubstantial PrejudiceIrreparable Harm

References

Case No. ADJ292306 (SJO 0140094) ADJ1470334 (SFO 0139424) ADJ7101503

Regular

Feb 10, 2011

DONALD DAVIS vs. ALMADEN MAZDA, TIG SPECIALTY INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT, LIMITED

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in the case of Donald Davis. This denial was based on the WCJ's report, which the Board adopted. The defendant's counsel was admonished for violating WCAB Rule 10842 by inappropriately attaching previously admitted exhibits to the petition. Further violations of this rule may result in sanctions.

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONWCJ reportWCAB Rule 10842recycled exhibitsadmonishedLab. Code § 5813sanctionsALMADEN MAZDATIG SPECIALTY INSURANCE COMPANY

References

Case No. ADJ8129979

Regular

Sep 28, 2012

DONALD DALBY vs. SIERRA PACIFIC INDUSTRIES

The Workers' Compensation Appeals Board (WCAB) dismissed Sierra Pacific Industries' Petition for Removal. The dismissal was based on the petition containing numerous documents attached in violation of WCAB Rule 10842, which prohibits such attachments. The WCAB adopted the administrative law judge's report and admonished the defendant to follow Board Rules in the future.

Petition for RemovalWCAB Rule 10842DismissalSelf-InsuredAdministrative Law Judge ReportViolation of RulesDiscarded DocumentsAdmonishmentOfficial Address RecordHanna Brophy

References

Case No. ADJ7574832

Regular

Aug 14, 2012

KATKI MOLLOY vs. COMMUNITY SOLUTIONS FOR CHILDREN, FAMILIES, AND INDIVIDUALS, MANUFACTURERS ALLIANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Katki Molloy's Petition for Removal and dismissed her Petition for Disqualification. The Board adopted the Workers' Compensation Judge's (WCJ) report, which detailed the grounds for denial and dismissal. The WCAB also admonished the applicant's attorney for violating the Board's Rules in their petition. No grounds for disqualification were stated, leading to its dismissal.

Petition for RemovalPetition for DisqualificationWCABWorkers' Compensation Administrative Law JudgeWCJ ReportAdmonishmentViolation of RulesDismissalDenialSan Jose District Office

References

Case No. ADJ200334 (AHM 0135288) ADJ3702208 (AHM 0135291)

Regular

Dec 21, 2012

TERESA MORALES vs. GRIFFIN PARTNERS MANAGEMENT, ZENITH INSURANCE COMPANY, STRATUS REAL COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of an order disallowing a lien and imposing sanctions. The lien claimant, Orthogear, LLC, failed to appear at two scheduled lien trial dates, and the Appeals Board found no excusable neglect. The Board also admonished the petitioner's representative for violating court rules regarding font size in their petition.

Petition for ReconsiderationLien ClaimantExcusable NeglectSanctionsLabor Code §5813Joint Petition for ReconsiderationFailure to AppearWCJ ReportWorkers' Compensation Appeals BoardAdmonished

References

Case No. ADJ10172950

Regular

Dec 07, 2018

ROBERT SAMSOE (DECEASED) vs. ALLERGAN, USA, INC.; THE HARTFORD

The Appeals Board dismissed the Petition for Reconsideration because the WCJ's order was procedural and not a final determination of substantive rights or liability. Removal was denied as the petitioner failed to demonstrate substantial prejudice or irreparable harm from denial. The Board also admonished the defense counsel for filing a petition from a non-final order. Therefore, both the Petition for Reconsideration and Removal were dismissed and denied, respectively.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionSubstantive RightLiabilityThreshold IssueExtraordinary RemedySubstantial Prejudice

References

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Updated Daily

Case Law Database

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

Case No. ADJ8039055

Regular

Dec 02, 2013

JAMIE WOODS vs. CITY OF SANTA ROSA POLICE DEPARTMENT

WCABPetition for ReconsiderationDeniedWCJ reportApplicant's counselSanctionsAdmonishCiting medical reportsNot in evidenceWCAB Rule 10842(a)

References

Case No. ADJ6658842

Regular

Dec 16, 2014

RAMIRO CERVANTEZ vs. STAFFMARK TRANSPORTATION, AIG

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrderEvidentiary DecisionsRemovalSubstantial PrejudiceIrreparable HarmWCJ Report and Recommendation

References

Case No. ADJ6677398

Regular

Apr 04, 2013

ROSA SILLAS vs. QUICK CREATIONS USA, GALLAGHER BASSETT

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJBoard Rule 10550Rule 10842(c)Lien ClaimantCompromise & ReleasePetition for dismissalAdmonishEAMS

References

Case No. ADJ3669487

Regular

Jul 21, 2015

JAMES WILLIAMS vs. BARKER MANAGEMENT, ARGONAUT INSURANCE COMPANY

References

Case No. ADJ7329415

Regular

Jan 14, 2014

DAVID ACUNA vs. AADLEN BROTHERS AUTO WRECKING, STAR INSURANCE COMPANY

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrderProcedural DecisionEvidentiary DecisionRemovalSubstantial PrejudiceIrreparable Harm

References

Case No. ADJ292306 (SJO 0140094) ADJ1470334 (SFO 0139424) ADJ7101503

Regular

Feb 10, 2011

DONALD DAVIS vs. ALMADEN MAZDA, TIG SPECIALTY INSURANCE COMPANY, RISK ENTERPRISE MANAGEMENT, LIMITED

WORKERS' COMPENSATION APPEALS BOARDDENYING RECONSIDERATIONWCJ reportWCAB Rule 10842recycled exhibitsadmonishedLab. Code § 5813sanctionsALMADEN MAZDATIG SPECIALTY INSURANCE COMPANY

References

Case No. ADJ8129979

Regular

Sep 28, 2012

DONALD DALBY vs. SIERRA PACIFIC INDUSTRIES

Petition for RemovalWCAB Rule 10842DismissalSelf-InsuredAdministrative Law Judge ReportViolation of RulesDiscarded DocumentsAdmonishmentOfficial Address RecordHanna Brophy

References

Case No. ADJ7574832

Regular

Aug 14, 2012

KATKI MOLLOY vs. COMMUNITY SOLUTIONS FOR CHILDREN, FAMILIES, AND INDIVIDUALS, MANUFACTURERS ALLIANCE INSURANCE COMPANY

Petition for RemovalPetition for DisqualificationWCABWorkers' Compensation Administrative Law JudgeWCJ ReportAdmonishmentViolation of RulesDismissalDenialSan Jose District Office

References

Case No. ADJ200334 (AHM 0135288) ADJ3702208 (AHM 0135291)

Regular

Dec 21, 2012

TERESA MORALES vs. GRIFFIN PARTNERS MANAGEMENT, ZENITH INSURANCE COMPANY, STRATUS REAL COMPANY, STATE COMPENSATION INSURANCE FUND

Petition for ReconsiderationLien ClaimantExcusable NeglectSanctionsLabor Code §5813Joint Petition for ReconsiderationFailure to AppearWCJ ReportWorkers' Compensation Appeals BoardAdmonished

References

Case No. ADJ10172950

Regular

Dec 07, 2018

ROBERT SAMSOE (DECEASED) vs. ALLERGAN, USA, INC.; THE HARTFORD

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionSubstantive RightLiabilityThreshold IssueExtraordinary RemedySubstantial Prejudice

References

Showing 1-10 of 404 results

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