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

Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ295143 (WCK 0071523) ADJ591167 (OAK 0323098) ADJ2362492 (WCK 0071521)
Regular
Feb 21, 2012

KEVIN HOLLINS vs. CUSTOM DRYWALL, INC., ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding applicant 100% permanently totally disabled. The Board affirmed the 100% disability finding based on a stipulation of the parties, finding no substantial evidence to support apportionment despite defendant's arguments. The Board also corrected a clerical error to reflect that the applicant did not sustain industrial injury to his groin and head. Consequently, the prior award for permanent disability benefits was affirmed with this amendment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award OrderIndustrial InjuryCompensable ConsequenceCCP 998Credit RightsEmployer NegligenceMedically Permanent and StationaryPermanently Totally Disabled
References
Case No. ADJ7503681
Regular
Jul 24, 2012

WAYNE RADLOFF vs. ATLANTA FALCONS

Defendant National Union petitioned for the Workers' Compensation Judge's disqualification based on unspecified grounds, requesting reassignment. The Workers' Compensation Appeals Board dismissed the petition because it lacked the required affidavit or declaration detailing facts for disqualification. Furthermore, the petition was not verified, violating WCAB Rule 10842(b). Consequently, the Board denied the request for disqualification and reassignment.

WORKERS' COMPENSATION APPEALS BOARDWayne RadloffAtlanta FalconsADJ7503681Petition for DisqualificationCCP § 641(f)CCP § 641(g)Labor Code section 5311WCAB Rule 10452affidavit
References
Case No. LBO 0365278, LBO 0381401, LBO 0373147
Regular
Aug 12, 2008

JANIE LEWINGS vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, HAZELRIGG RISK MANAGEMENT SERVICES, INC.

The Workers' Compensation Appeals Board granted RS Medical's Petition for Reconsideration, rescinding a previous Order of Dismissal. The WCJ acknowledged overlooking the applicant's Declaration of Readiness to Proceed, which rendered the dismissal improper as it was issued before proper objection time under CCP 1013. The case is now returned to the trial level for further proceedings and a new decision.

RS MedicalPetition for ReconsiderationOrder of DismissalWCJmedical-legal costsCCP 1013Declaration of Readiness to Proceedrescindedreturned to trial level
References
Case No. ADJ2041939 (SBR 0340035)
Regular
Dec 14, 2016

Carlos Garcia vs. Department of Transportation, State Compensation Insurance Fund

This case concerns petitions for reconsideration of three dismissed medical liens filed by Pinnacle Lien Services (PLS) on behalf of three doctors. PLS failed to appear at a lien conference and did not respond to Notices of Intent to Dismiss. The WCAB denied reconsideration, finding PLS provided insufficient justification for its failures to appear and respond, and that relief under CCP § 473 was not warranted due to lack of proper documentation and communication breakdowns. The Board emphasized the need for a substantial explanation for non-appearance and failure to respond to dismissal notices.

Workers' Compensation Appeals BoardOrders Dismissing LiensPetitions for ReconsiderationLien ConferenceNotices of Intent to DismissFailure to AppearExcusable NeglectCCP § 473Fox v. Workers' Comp. Appeals Bd.Discretionary Relief
References
Case No. ADJ1571027 (LAO 0858249) ADJ2009911 (LAO 0858250)
Regular
Nov 02, 2011

STEPHANIE NEAL vs. LOWE'S, SEDGWICK 14450 LONG BEACH

This case concerns a lien claimant, Dr. Burstein, who sought reconsideration after his lien was dismissed by the Workers' Compensation Judge. The dismissal was based on Dr. Burstein's repeated failure to appear at multiple scheduled hearings, despite receiving a Notice of Intent to Dismiss. While Dr. Burstein argued for relief under CCP § 473 and WCAB Rule 10866, citing clerical error and inadvertence, the Appeals Board found his explanations unconvincing. The Board concluded that Dr. Burstein failed to provide good cause for his multiple no-shows and denied his petition for reconsideration.

Lien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intent to DismissFailure to AppearGood Faith ObjectionClerical ErrorWCAB Rule 10866CCP 473Compromise and Release
References
Case No. ADJ3025610 (LAO 0804371) ADJ2399189 (LAO 0833561) ADJ616704 (LAO 0833554) ADJ2590395 (LAO 0833562)
Regular
Jun 18, 2019

ROSA RENTERIA, vs. LOS ANGELES UNIFIED SCHOOL DISTRICT,

This case involves a lien claimant seeking reconsideration of their lien dismissal for failing to appear at a noticed lien conference. The lien claimant argued human error constituted excusable neglect under CCP 473(b). The WCJ found no good cause for the non-appearance and dismissed the lien. The Appeals Board denied reconsideration, affirming the dismissal because the explanation of "human error" was skeletal and did not adequately explain the failure to appear or demonstrate good cause.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing Lien ClaimWCJRule 10562CCP 473(b)Excusable NeglectGood CauseFox v. Workers' Comp. Appeals Bd.
References
Case No. ADJ7300335
Regular
Jun 04, 2019

LINDA PAUL vs. ALICE’S PRESCHOOL, NATIONAL LIABILITY & FIRE INSURANCE COMPANY administered by AMERICAN COMMERCIAL

The Workers' Compensation Appeals Board affirmed a judge's order dismissing lien claimant Western Imaging's lien. Western Imaging failed to appear at a lien conference, which the judge dismissed under WCAB Rule 10562. The Appeals Board found that a calendaring error, as claimed by Western Imaging, did not constitute good cause for relief under CCP 473(b), especially given that the representative was present when the hearing was continued. Therefore, the dismissal of the lien claim was upheld.

Lien ClaimantReconsiderationWCJDismissing Lien ClaimWCAB Rule 10562CCP 473(b)Human ErrorCalendaring ErrorGood CauseFox v. Workers' Comp. Appeals Bd.
References
Case No. ADJ3475275 (ANA 0386298) ADJ1639465 (ANA 0386296)
Regular
Jun 15, 2016

MARIO NARVAEZ vs. WALDEN STRUCTURES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a dismissal order against lien claimant Juan Carlos Vazquez. The dismissal was due to his representative's failure to appear at a lien trial, citing excusable neglect based on a sworn declaration of a calendaring error. However, the Board noted that this relief does not preclude potential sanctions against the lien claimant and representative for their non-appearance. The case is returned to the trial level for further proceedings, including potential sanctions and attorney's fees.

Lien ClaimsNon-AppearanceLien ConferenceLien TrialPetition for ReconsiderationRescind OrderReturn to Trial LevelSanctionsAttorney's FeesCosts
References
Case No. ADJ8373439
Regular
Feb 18, 2014

JORGE PINEDA vs. DCH AUTO GROUP, GALLAGHER BASSETT

This case involves a Petition for Reconsideration filed by lien claimant Boniface Onubah, M.D. The Workers' Compensation Appeals Board denied the petition because the lien claimant failed to appear at a scheduled lien conference. The Board found no excusable negligence for the non-appearance, attributing it to the claimant's own negligence or management. Therefore, the lien claimant's petition was denied, and their lien was dismissed with prejudice.

WORKERS' COMPENSATION APPEALS BOARDDCH AUTO GROUPGALLAGHER BASSETTADJ8373439Petition for ReconsiderationDENIEDBoniface OnubahM.D.Comprehensive Healthcare Partnerslien conference
References
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