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

Case No. ADJ1191428 (LBO 0310118)
Regular
Aug 09, 2010

RUBEN GOMEZ-SOTO vs. NMI, INC.

Here's a summary of the case for a lawyer in four sentences: The Appeals Board granted removal, modifying the WCJ's order to require the defendant to produce *all* medical reports in its possession to the lien claimant, not just those intended for reliance, pursuant to CCR $\S 10608$. The Board struck the WCJ's provision requiring the lien claimant to prove market rate for interpreters, finding the issue was not properly before the judge. While the lien claimant alleged WCJ bias, the Board found no sufficient evidence of enmity or prejudice based on the record. The case was returned to the trial level for further proceedings consistent with the Appeals Board's decision.

RemovalLien ClaimantWCJ OrderMedical ReportsMarket RateInterpreter FeesBiasDisqualification8 Cal. Code Reg. 10608Labor Code 5710
References
16
Case No. ADJ1746651 (LBO 0396330)
Regular
Aug 10, 2010

NORMA RAMIREZ vs. GIANT DOLLAR, FIRST COMP OMAHA

The Appeals Board granted removal and amended the WCJ's order, requiring the defendant to produce *all* medical reports in their possession, not just those they intend to rely upon, per CCR title 8, section 10608. The Board struck the provision requiring the lien claimant to prove market rates for interpreters, finding it was not properly before the WCJ and the law already outlines this burden. The Board denied the lien claimant's request to disqualify the WCJ, finding no evidence of bias despite the lien claimant's disagreement with the WCJ's rulings and actions. The case was returned to the trial level for further proceedings consistent with this decision.

Workers' Compensation Appeals BoardRemovalLien claimantMedical reportsMarket rateInterpreter servicesBiasDisqualificationWCJCode of Regulations
References
15
Case No. ADJ9505962; ADJ9289403
Regular
May 13, 2015

JAMILENE KANE vs. RALEYS, ATHENS ADMINISTRATORS

In this workers' compensation case, the Appeals Board granted a Petition for Removal filed by lien claimant UFCW & Employers Benefit Trust. The Board reversed a prior order that denied UFCW's request for service of medical reports. The Board found that UFCW, as a physician lien claimant defined by relevant Labor Code sections and WCAB Rule 10608(a)(5), is entitled to service of medical reports upon request under Rule 10608(b) without needing to become a formal party to the action. Therefore, the defendant and other parties were ordered to serve UFCW with all requested medical reports.

Petition for RemovalPhysician Lien ClaimantMedical Information ServiceWCAB Rule 10608(b)Due ProcessTaft-Hartley Health and Welfare FundLabor Code sections 4903.05(c)(7)Labor Code sections 4903.06(b)Medical-Legal ReportsDeclaration of Readiness to Proceed
References
5
Case No. MISSING
Regular Panel Decision

Center for Constitutional Rights v. Department of Defense

The Center for Constitutional Rights (CCR) initiated this Freedom of Information Act (FOIA) lawsuit against the Department of Defense (DOD), FBI, and CIA, seeking the release of images and videos of detainee Mohammed al-Qahtani from Guantánamo Bay. While the DOD and FBI acknowledged possessing such records but withheld them, the CIA issued a Glomar response, neither confirming nor denying their existence. The Court ultimately denied CCR's motion for partial summary judgment and granted the Government's cross-motion for summary judgment. The decision cited national security concerns, including potential harm to military personnel, extremist recruitment, compromised intelligence efforts, and adverse impacts on international relations, as valid reasons for withholding the records and for the CIA's Glomar response under FOIA Exemption 1.

Freedom of Information Act (FOIA)National SecurityClassified InformationGuantánamo BayDetaineeMohammed al-QahtaniSummary JudgmentFOIA ExemptionsGlomar ResponseIntelligence Collection
References
26
Case No. ADJ1601260 (VNO 0434802)
Regular
Dec 15, 2008

SIMON GARCIA, JR. vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration to allow attorney fees on the applicant's life pension award. While affirming the original award, the Board deferred the issue of attorney fees pending an investigation into whether counsel adequately notified the applicant of his right to independent counsel and counsel's adverse interest per CCR §10778. The WCJ will determine compliance with this notice requirement upon remand.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityAttorney FeeLife PensionReopening ClaimLien ClaimantWCJAdverse Interest
References
0
Case No. ADJ4595703 (LBO 0379028)
Regular
Jun 08, 2012

Carlos Penaloza vs. TMP SERVICES, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted reconsideration to find defendant liable for sanctions due to its repeated failure to serve medical reports on the lien claimant as required by WCAB Rule 10608. This failure, despite multiple requests and two judicial orders, constituted sanctionable conduct for causing unnecessary delay and was not excused by inadvertence. The case is remanded to the trial level for determination of the lien claimant's reasonable expenses and any additional sanction up to $2,500.

WCAB Rule 10608Lien claimantSanctionsFrivolous litigationBad faithMedical reportsService of documentsDiscovery orderMotion to compelCompel production
References
0
Case No. ADJ4234897 (LBO 0374956)
Regular
Aug 09, 2010

GREGORIO LAMAS vs. ARTISTIC MAINTENANCE, INSURANCE COMPANY OF THE WEST

The Appeals Board granted removal to address the lien claimant's petition regarding the WCJ's order. The Board modified the WCJ's order to require the defendant to produce *all* medical reports in its possession, not just those it intends to rely on, pursuant to regulation 10608. The Board also struck the requirement for the lien claimant to prove market rate for interpreters as it was not properly before the WCJ and found no evidence of judicial bias. The case was returned to the trial level for further proceedings consistent with this decision.

RemovalLien ClaimantWCJ OrderMedical ReportsMarket RateInterpreter FeesCertified InterpreterBiasDisqualificationLabor Code
References
16
Case No. ADJ1862937 (VNO 0503723)
Regular
May 07, 2012

TRAVIS GRANT vs. SIERRACIN CORPORATION (PPG INDUSTRIES), administered by AVIZENT RISK

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to revive a December 9, 2008 dismissal order, arguing it was valid under Appeals Board Rule 10852. However, the Board found this dismissal order void *ab initio* because it was issued without the required notice of intention to dismiss and opportunity to be heard, as mandated by CCR Title 8, Section 10582. Therefore, the prior finding that the applicant's claim had not been dismissed was upheld.

Workers' Compensation Appeals BoardPetition for ReconsiderationFinding of FactOrder of DismissalRule 10852Rule 10582Lack of ProsecutionNotice of Intention to DismissVoid Ab InitioAdministrative Law Judge
References
0
Case No. ADJ1805160
Regular
Aug 10, 2010

RAUL GARCIA vs. BRISTOLITE SKYLIGHTS, ZURICH INSURANCE COMPANY

The Appeals Board granted removal to clarify the WCJ's order regarding the production of medical reports. The Board amended the order to require defendants to provide all medical reports in their possession, not just those they intended to rely upon, per 8 Cal. Code Reg. § 10608. The Board also struck the provision requiring the lien claimant to prove interpreter market rates, as this issue was not properly before the WCJ. Finally, the Board found no evidence of bias by the WCJ despite the lien claimant's assertions.

Workers' Compensation Appeals BoardRemovalDecision After RemovalLien ClaimantMedical ReportsInterpreter FeesMarket RateBiasJudicial NoticeWCJ
References
16
Case No. ADJ1677684
Regular
Feb 04, 2011

RENEE HOLLOWAY, vs. ROSS STORES; SEDGWICK CMS,

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration. The claimant's attorney, Jerry Jacobson, sought to increase his awarded attorney fees from $4,800 to $6,000, alleging the original order conflicted with the compromise agreement. However, the Board found the petition non-compliant with CCR §10778 for failing to provide proof of service on the applicant regarding the attorney's adverse interest and the applicant's right to independent counsel. Consequently, the petition was dismissed on this procedural ground.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationCompromise and ReleaseAttorney FeesAdverse InterestIndependent CounselProof of ServicePetition for ReconsiderationDismissal
References
0
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