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

Case No. ADJ7405264
Regular
Jun 19, 2012

IVORY PHILLIPS vs. IRWIN INDUSTRIES, INC., ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board sanctioned claims adjuster Richard Bailey $250 for failing to appear at an arbitration hearing. Despite Bailey's contentions about lack of written notice and fear of the arbitrator, the Board found he had actual notice of the verbal order. While the underlying issue was resolved, Bailey should have sought permission for his non-appearance, and his disregard for the arbitrator's order undermined the system's integrity.

Workers' Compensation Appeals BoardSanctionsClaims AdjusterArbitrationWritten ObjectionGood CauseArbitratorVerbal OrderLabor Code Section 5701Independent Medical Examination
References
Case No. ADJ5806281
Regular
Jul 03, 2012

DEBBIE SCHLATER vs. NORTH COAST DRIVERS, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's petition to reopen for new and further disability after an initial award became final. The Workers' Compensation Appeals Board (WCAB) granted removal to review an administrative law judge's denial of a voluntary arbitration request. The WCAB clarified that while arbitration is generally prohibited after testimony is taken, it is permissible for issues not decided in a final award. Therefore, the WCAB rescinded the denial, allowing the parties to arbitrate the new and further disability claim.

Petition for RemovalVoluntary ArbitrationWCAB Rule 10997Labor Code section 5275(b)Court Administrator Rule 10296(a)Findings and AwardNew and Further DisabilityReopen CaseDisability Evaluator TestimonyFinal Award
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8075845
Regular
Jun 10, 2014

LARRY HARDY vs. NEW ORLEANS SAINTS, TRAVELERS INDEMNITY COMPANY AND ITS PROPERTY CASUALTY AFFILIATES AND SUBSIDIARIES

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration because the challenged order compelling mandatory arbitration was not a final decision. The Board granted removal, rescinded the arbitration order, and returned the case for further proceedings. This was because the applicant's claimed injury dates (1978-1986) fell outside the statutory period for mandatory arbitration under Labor Code section 5275, which applies only to injuries occurring on or after January 1, 1990 (and later clarified to January 1, 1994).

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalMandatory ArbitrationLabor Code Section 5275Interlocutory OrdersFinal OrderArising Out of and in the Course of Employment (AOE/COE)JurisdictionStatute of Limitations
References
Case No. ADJ2141542 (SJO 0200213)
Regular
Jul 03, 2012

CELESTINO MORALES vs. MAINTENANCE MATCH INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION on behalf of SUPERIOR PACIFIC INSURANCE COMPANY

The Workers' Compensation Appeals Board denied CIGA's Petition for Removal because CIGA stipulated to the order it sought to remove, and no party is yet aggrieved by the ongoing arbitration proceedings. The Board found CIGA's petition frivolous, noting that it failed to demonstrate how it was harmed by the arbitrator's procedural order. Additionally, the Board clarified a prior order, emphasizing that the operative decision rescinded the arbitrator's July 20, 2010 decision. The Board also warned CIGA that sanctions could be imposed on remand for this seemingly bad-faith action.

CIGAPetition for RemovalStipulation and AwardOrderArbitratorLachesAggrieved PartyReconsiderationGood CauseLabor Code Section 5813
References
Case No. ADJ8050106 ADJ9468937 ADJ9154032
Regular
Nov 03, 2018

ANTONIO VAZQUEZ vs. CARSON TRAILERS, AMTRUST NORTH AMERICA

The Appeals Board dismissed the petition for reconsideration because it was taken from an interlocutory procedural order, not a final decision. The Board also denied the petition for removal, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision issues. The order pertains to multiple cases involving Antonio Vazquez and Carson Trailers. The WCJ's order directing the use of a specific bill reviewer was deemed an evidentiary/procedural matter.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderEvidentiary OrderProcedural OrderSubstantive RightThreshold IssueExtraordinary Remedy
References
Case No. ADJ9843293
Regular
Mar 16, 2017

MIRNA MEDINA vs. ROSE & SHORE COMPANY dba RITE-WAY MEAT PACKERS, INC., INSURANCE COMPANY OF THE WEST FROUP

The Appeals Board dismissed the Defendant's Petition for Reconsideration and denied their Petition for Removal. The Board found that removal is an extraordinary remedy and the Defendant failed to demonstrate substantial prejudice. Furthermore, the WCJ's order to take the matter off-calendar was not a final order, thus precluding reconsideration. The Board upheld the WCJ's procedural decision, allowing for arbitration of the coverage dispute.

WCABPetition for ReconsiderationPetition for RemovalOff-calendar orderArbitrationCoverage disputeExtraordinary remedySubstantial prejudiceIrreparable harmFinal order
References
Case No. ADJ1051150 (OAK 0324388) ADJ2365304 (OAK 0343863)
Regular
Aug 18, 2010

GUSTAVIA PERKINS vs. ALBERTSONS, JC PENNEY, SPECIALTY RISK SERVICES, SAVEMART SUPERMARKETS, PEGASUS RISK MANAGEMENT

The Workers' Compensation Appeals Board dismissed Albertsons' petition for reconsideration as the order compelling arbitration was not a final decision. The Board granted Albertsons' alternative petition for removal to correct an inadvertent omission. Specifically, the Order compelling arbitration, which was initially issued only in case ADJ1051150, was amended to include case ADJ2365304 as well.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalLabor Code Section 5271Labor Code Section 5900Interlocutory OrderPetition for ContributionMandatory ArbitrationCompromise and ReleaseCumulative Injury
References
Case No. ADJ9274305
Regular
Dec 15, 2014

SALVADOR REYES vs. AVP&H A CALIFORNIA CORPORATION, MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board dismissed Salvador Reyes's Petition for Reconsideration because it was filed against an interlocutory order, not a final decision. The Petition for Removal was dismissed as moot, as the underlying issue regarding a specific Qualified Medical Examiner appeared to be resolved. Both petitions were denied as they did not address substantive rights or liabilities. The order reflects standard practice for non-final and moot petitions.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityMootnessQMEOrder to CompelMeet and Confer
References
Case No. LBO 0384614
Regular
Jan 23, 2008

CAROLINA SALES vs. ROSS STORES, INC. and XL SPECIALTY INSURANCE, MJO STAFFING and AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order vacating a Compromise and Release (C&R). The Board then granted reconsideration on its own motion to rescind the original C&R approval. This action affirmed the WCJ's decision to vacate the C&R, effectively returning the parties to their pre-settlement status, due to the applicant's expressed confusion and potential lack of full understanding of the agreement's terms.

Compromise and ReleasePetition for ReconsiderationOrder VacatingFinal OrderLabor Code Section 5900Good CauseUnverified PetitionIndustrial InjuryApplicant's UnderstandingWCJ Discretion
References
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