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

Case No. ADJ796326 SBR 0335473
Regular
Jan 25, 2012

REVIN DELONEY vs. ANGELICA LINENS, GALLAGHER BASSETT

The applicant, Revin Deloney, filed a Petition for Removal with the Workers' Compensation Appeals Board (WCAB). The WCAB reviewed the petition and the report of the workers' compensation administrative law judge (WCJ). Based on the record and adopting the WCJ's reasoning, the WCAB has denied the Petition for Removal.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportdenial of removalAdministrative Law JudgeAngelica LinensGallagher BassettDeloneySan Bernardino District Officeremoval petition
References
0
Case No. ADJ526691, ADJ3636578
Regular
Mar 28, 2013

Jitka Van Dyne vs. United Airlines, Gallagher Bassett Services, Inc.

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal. The WCAB adopted the Judge's report, stating removal is an extraordinary remedy not warranted here. The applicant failed to object to the declaration of readiness and has an adequate remedy at trial for evidentiary disputes. Therefore, the petition was denied.

Petition for RemovalWorkers' Compensation Appeals BoardIrreparable HarmSignificant PrejudiceDeclaration of ReadinessAdmissibility of EvidenceDue DiligenceAneurysmIndustrial InjuryLay Opinion
References
3
Case No. ADJ9447099
Regular
Nov 09, 2015

ROGELIO MARTINEZ vs. SYSCO VENTURA INC, GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) dismissed Rogelio Martinez's Petition for Reconsideration against Sysco Ventura Inc. and Gallagher Bassett. The dismissal was based on the petition being untimely filed. California law requires petitions for reconsideration to be filed within 25 days of service, and proof of mailing is insufficient; the document must be received by the WCAB within that period. The WCAB found the petition, filed on 09/10/2015, was significantly past the deadline following the WCJ's 07/16/2015 decision.

Petition for ReconsiderationUntimelyDismissedJurisdictionalWCABWCJLabor CodeCalifornia Code of RegulationsAdministrative Law JudgeAppeals Board
References
4
Case No. ADJ6513976
Regular
Aug 12, 2010

MARIA EMPEDRADO vs. DENNY'S, GALLAGHER BASSETT

This case involves Maria Empedrado's workers' compensation claim against Denny's and its third-party administrator, Gallagher Bassett. The Workers' Compensation Appeals Board (WCAB) has denied Empedrado's petition for reconsideration of an earlier decision. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) and gave great weight to the WCJ's credibility determinations.

WORKERS' COMPENSATION APPEALS BOARDORDER DENYING RECONSIDERATIONWCJ reportcredibility findingGarza v. Workmen's Comp. Appeals Bd.Petition for Reconsiderationadministrative law judgeADJ6513976MARIA EMPEDRADODENNY'S
References
1
Case No. ADJ3841918 (SAL 0117589), ADJ2554517 (SAL 0113325), ADJ3083210 (SAL 0113326)
Regular
May 21, 2012

ALBERTA AQUINO vs. HYATT CORPORATION, GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a March 5, 2012 decision concerning Alberta Aquino's claims against Hyatt Corporation and Gallagher Bassett. This grant is due to the need for further study of the factual and legal issues to ensure a just and reasoned decision. All future filings related to these cases must be submitted in writing to the WCAB Commissioners' office and not electronically or to any district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting ReconsiderationHyatt CorporationGallagher BassettStatutory Time ConstraintsFactual and Legal IssuesDecision After ReconsiderationElectronic Adjudication Management SystemSalinas District Office
References
0
Case No. ADJ10588461
Regular
Dec 21, 2018

MICHAEL BAISCH vs. BALFOUR BEATTY; GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by Balfour Beatty and Gallagher Bassett. This dismissal was based on the applicant's attorney's failure to provide proof of service demonstrating compliance with Appeals Board Rule 10778. Rule 10778 requires an attorney seeking an increase in fees to notify the applicant of the adverse interest and the applicant's right to independent counsel. The WCAB accepted the applicant's attorney's request to file supplemental pleadings but ultimately found the petition grounds for dismissal due to this procedural deficiency.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportAppeals Board Rule 10848supplemental pleadingProof of ServiceAppeals Board Rule 10778attorney's feeadverse interestindependent counsel
References
2
Case No. SBR 0239874
Regular
Sep 20, 2007

JOHN BASSETTE vs. MORENO VALLEY UNIFIED SCHOOL DISTRICT

This case involves John Bassette's repeated attempts to seek reconsideration from the Workers' Compensation Appeals Board (WCAB) regarding a prior denial of his petitions. The WCAB is denying his current petition for reconsideration, incorporating prior reasoning and warning the applicant of potential sanctions for filing frivolous and repetitious claims. The Board finds his arguments lack merit and have already been decided.

Workers' Compensation Appeals BoardIn pro perPetition for reconsiderationOrder Dismissing PetitionDenying ReconsiderationLabor Code Section 5814Irreparable harmSignificant prejudicePetition for removalVexatious litigant
References
1
Case No. ADJ11422338
Regular
Sep 25, 2018

MARY KUEBLER vs. AMERICAN GREETINGS CORPORATION, GALLAGHER BASSETT

This case involves a Petition for Removal by American Greetings Corporation and Gallagher Bassett (defendants) in the matter of Mary Kuebler. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding that the defendants failed to demonstrate substantial prejudice or irreparable harm would result from denial. The WCAB also determined that reconsideration would be an adequate remedy if an adverse decision is ultimately rendered. The applicant can address discovery requests with the trial judge.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationDiscoveryAdministrative Law JudgeApplicantDefendantCase Number
References
2
Case No. ADJ9046738
Regular
Oct 03, 2025

Arnoldo Galvan vs. Donaghy Sales, LLC., Sentinel Insurance Company, Ltd, Gallagher Bassett

The applicant, Arnoldo Galvan, sustained a cumulative trauma during his employment. The defendant, Donaghy Sales, LLC, along with its insurer Sentinel Insurance Company, Ltd., and administrator Gallagher Bassett, failed to provide the correct fax number for Request for Authorization (RFA) forms to utilization review for treating physician Dr. William Foxley. The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration of the June 30, 2025 Findings of Fact, Award, and Orders. The WCAB found that the record was not sufficiently developed regarding the timeliness of UR determinations and the application of the Medical Treatment Utilization Schedule (MTUS). Consequently, a final decision after reconsideration has been deferred for further review of the factual and legal issues.

Request for AuthorizationUtilization ReviewClaims AdministratorFindings of FactPetition for ReconsiderationRemovalMedical TreatmentWCJSanctionsMedical Necessity
References
16
Case No. ADJ6918399
Regular
Feb 27, 2013

MARIA SANCHEZ vs. AUTOZONE, INC./USF&G, Administered By GALLAGHER BASSETT/NUFIC Administered By GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) granted the lien claimant's petition for reconsideration regarding the dismissal of its lien. Despite the lien claimant's assertion of lack of notice, the record indicates their representative appeared and signed in for the trial. The WCAB found the petition frivolous, citing the claimant's failure to object to a Notice of Intention to Dismiss and misrepresentation of facts. Consequently, the WCAB intends to impose sanctions up to $1,200.00 against the lien claimant and its representative for abuse of process.

Petition for ReconsiderationOrder of Dismissal of LienLien ClaimantNotice of Intention to DismissDue ProcessHearingWCJBoard Rule 10562Labor Code section 5813Sanctions
References
5
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