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Case Law Database

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

Case No. ADJ7103630
Regular
May 21, 2012

DENISE SANCHES vs. COUNTY OF SACRAMENTO

This case involves Denise Sanches' workers' compensation claim against the County of Sacramento. The Workers' Compensation Appeals Board dismissed Sanches' Petition for Removal as untimely. The dismissal was based on the petition being filed on March 8, 2012, which was more than the allowed 25 days after the February 13, 2012, decision. This delay violated the time limits prescribed by 8 Cal. Code Regs. § 10843 and Code of Civil Procedure § 1013.

Petition for RemovalUntimelyDecision DateFiling Date25 Days20 Days8 Cal. Code Regs. 10843Code of Civil Procedure § 1013Served by MailDismissed
References
0
Case No. ADJ7535016, ADJ7536297, ADJ8099855
Regular
Sep 05, 2013

DAVID MURILLO-RAMOS vs. NATIONAL RETAIL TRANSPORTATION, TRAVELERS INSURANCE

This Workers' Compensation Appeals Board order dismisses the Applicant's Petition for Reconsideration. The dismissal is based on two procedural defects: the petition was not verified as required by Labor Code section 5902, and there was no proof of proper service under Cal. Code Regs., tit. 8, § 10565(d). The Board cites prior case law supporting dismissal for these types of violations. Consequently, the Petition for Reconsideration filed by David Murillo-Ramos against National Retail Transportation and Travelers Insurance is formally rejected.

Petition for ReconsiderationDismissalVerificationLabor Code section 5902Proof of ServiceCal. Code Regs.tit. 8§ 10565(d)WCJ ReportWorkers' Compensation Appeals Board
References
2
Case No. ADJ3218661 (OAK 0339889)
Regular
Feb 07, 2011

CHANCE ROLLINS vs. JOHN MARTIN STABLES, INC.; AMERICAN HOME ASSURANCE administered by AIG, CLAIMS SERVICES

The Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petition for reconsideration, finding the WCJ's ruling was not a final order. However, the Board granted removal, rescinded the WCJ's order, and denied the applicant's request for a neurology consultation under Labor Code §4601(a). The matter was returned to the trial level with instructions to issue an order for a new QME panel in neurology, as Dr. Jamasbi's request for a consultative neurological evaluation constituted good cause for a new panel under 8 Cal. Code Regs. §31.7. Attorney fees for the ex parte communication were upheld.

WCABPetition for ReconsiderationPetition for RemovalLabor Code 4601(a)Labor Code 4062.3QMEAgreed Medical EvaluatorNeurological ConsultMedical DirectorSpecialty Panel
References
0
Case No. ADJ4539662 (LBO 0266945)
Regular
Feb 07, 2011

RAUL ANAYA vs. MCDONNELL DOUGLAS; CIGA c/o CAMBRIDGE INTEGRATED SERVICES for FREMONT INDEMNITY in liquidation

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of a venue change order. However, treating the petition as a request for removal, the WCAB granted removal and rescinded the order. The WCAB found that the defendant improperly sought a venue change to consolidate cases, as consolidation requires following specific procedures outlined in Cal. Code Regs., tit. 8, § 10260(b).

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueLabor Code Section 5501.5(c)Cal. Code Regs. tit. 8 § 10410Adjudication Case NumberPWCJStipulated AwardContribution Proceeding
References
14
Case No. ADJ7048367
Regular
May 24, 2016

BLANCA CANTU vs. NATIONAL STEEL & SHIPBUILDING COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification against the defendant, National Steel & Shipbuilding Company. This dismissal was based on the petition being untimely filed, as it was not submitted until February 24, 2016, after multiple continuances of the trial date since March 2015. The Board adopted the WCJ's report and recommendations, which found the petition untimely under Cal. Code Regs., tit. 8, § 10452. Even if the petition had not been untimely, the Board indicated it would have been denied on its merits.

Petition for DisqualificationWCJtimelinessuntimelinessMandatory Settlement Conferencecontinuancesupplemental petitionCal. Code Regs.tit. 8§ 10848
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. ADJ9170309
Regular
Nov 03, 2025

Miguel Mosqueda vs. City of Clearlake

Applicant Miguel Mosqueda sought reconsideration of a July 25, 2025 decision which found his injuries were not caused by the employer's serious and willful misconduct or violation of safety orders. Mosqueda, a maintenance worker, suffered catastrophic injuries, including paraplegia, after falling from a ladder while trimming a tree for the City of Clearlake. He contended that the employer violated several Cal. Code Regs., tit. 8 sections related to safety, training, and equipment. The Workers' Compensation Appeals Board, adopting the WCJ's report, denied the petition for reconsideration, concluding that the employer's actions did not constitute serious and willful misconduct and that no alleged safety violation was the proximate cause of the accident.

Serious and willful misconductPetition for reconsiderationFindings and OrderViolation of statuteViolation of safety orderCal. Code Regs. tit. 8 § 3203Cal. Code Regs. tit. 8 § 3276(d)(1)Cal. Code Regs. tit. 8 § 3276(e)(15)Cal. Code Regs. tit. 8 § 3421(b)Cal. Code Regs. tit. 8 § 3421(d)
References
1
Case No. ADJ4140574 (VNO 0417628) ADJ3588068 (VNO 0472981)
Regular
Jun 03, 2013

KEVIN THOMPSON vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board awarded applicant Kevin Thompson an additional attorney's fee of $1,500 under Labor Code section 5801. This fee is for services rendered by his attorney in successfully defending against the defendant's petition for writ of review to the Court of Appeal. The Board disallowed the requested clerical fees as section 5801 applies only to attorney services. Additionally, the request for costs under Labor Code section 5811 was denied due to the lack of required itemization and supporting documentation.

Labor Code § 5801Attorney's feePetition for Writ of ReviewAppeals BoardSupplemental awardReasonable attorney's feeAppellate levelPenaltyClerical servicesLabor Code § 5811
References
12
Case No. ADJ3765992 (SRO 0132531)
Regular
Apr 06, 2011

LORRAINE O'KEEFE vs. SURGICAL STAFF NORTH, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE SERVICES for CAL COMP, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration on Community Hospital of Monterey Peninsula's (CHOMP) petition regarding a penalty assessed for delayed payment to CIGA. The WCAB amended the prior order, ruling that CHOMP is not liable for a Labor Code section 5814 penalty because this section applies only to delays in payments to injured workers, not to reimbursements between defendants. However, the WCAB affirmed the prior finding that CHOMP engaged in bad-faith litigation tactics, upholding sanctions under Labor Code section 5813. The final order also clarified the amount owed to CIGA and affirmed the attorney's fees awarded to the applicant's counsel.

Workers Compensation Appeals BoardSurgical Staff NorthCalifornia Insurance Guarantee AssociationCommunity Hospital of Monterey PeninsulaUnreasonable DelayBad Faith LitigationLabor Code Section 5814Labor Code Section 5813Labor Code Section 4064(c)Permanent Disability
References
2
Case No. VNO 0467089
Regular
Jun 20, 2008

LUIS ARAGON vs. THE CHEESECAKE FACTORY, U.S. FIDELITY AND GUARANTY, GALLAGHER BASSETT SERVICES

This case concerns a medical provider's lien claim after the applicant's workers' compensation claim was settled. The lien was initially disallowed because the provider had received payment from Medi-Cal and had not yet reimbursed the program. The Appeals Board granted reconsideration, amending the award to allow the provider to pursue its lien claim, but only after proving full reimbursement to Medi-Cal as required by Welfare and Institutions Code section 14124.791. Jurisdiction is reserved for further proceedings at the trial level.

Workers' Compensation Appeals BoardLien claimantMedi-Cal reimbursementWelfare and Institutions Code § 14124.791Industrial injuryBelow the knee amputationCompromise and releasePetition for reconsiderationReport and RecommendationFindings and Award
References
3
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