Updated Daily

Case Law Database

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

Case No. ADJ13220428; ADJ11736712

Regular

Sep 24, 2025

MATTHEW BAILEY vs. HOTLINE ELECTRICAL CONTRACTOR INC.

The Workers' Compensation Appeals Board (WCAB) denied Matthew Bailey's petition to disqualify the administrative law judge (WCJ). The petition alleged the WCJ was considering sanctions for the applicant's attorney's trial absence due to a calendar conflict and had advised accepting a settlement. The WCAB found the allegations lacked specific facts and did not demonstrate bias or an unqualified opinion on the merits, consistent with legal standards for disqualification. The applicant's attorney was admonished for failing to provide adequate facts and for not promptly notifying the court of calendar conflicts.

Petition for DisqualificationWCJCalendar ConflictSettlement OfferLabor Code Section 5311Code of Civil Procedure Section 641BiasEnmityAffidavitDeclaration

References

Case No. AHM 0109985

Regular

Aug 04, 2008

JOSE PERDOMO vs. ABC SUPPLY COMPANY, INC., ESIS

This case involves a dispute over a deposition scheduled by applicant's counsel, which defense counsel claims was erroneously set and misrepresented. The defendant sought removal of an order that took the case off calendar, alleging prejudice from applicant's counsel's representations. The Appeals Board granted removal, rescinded the off-calendar order, and returned the matter to the trial level to determine the conflicting factual claims regarding the deposition.

Petition for RemovalOrder Taking Off CalendarAppirionWCJDepositionApplicant CounselDefense CounselVerified AnswerReport and RecommendationTrial Level

References

Case No. ADJ4398425 (LAO 0875977) ADJ1647933 (LAO 0867627)

Regular

Jul 21, 2010

PHYLLIS MOSS vs. PriceWaterhouseCoopers, LLP, Chubb Services Corporation

This case involves a dispute over a mandatory settlement conference (MSC) where both parties claim the other was absent or improperly handled the proceedings. The Appeals Board granted removal due to conflicting records and confusing circumstances surrounding the MSC and a subsequent trial setting. The Board found the WCJ erred by setting the matter for trial after issuing an order taking it off calendar, despite conflicting accounts of attorney appearances. Consequently, the scheduled trial was converted to a status conference for further proceedings.

Petition for removalMandatory settlement conferenceOrder off calendarMinutes of HearingPre-Trial Conference StatementAgreed Medical Evaluator (AME)Status conferenceRemandedWCJWCAB

References

Case No. ADJ364166 (LAO 0879384) ADJ3925942 (LAO 0881103)

Regular

Dec 29, 2015

CLIBORIO MAYORGA vs. DEXTER AXLE CHASSIS GROUP, AIG, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied defendant Dexter Axle's Petition for Removal of an Order Taking Off Calendar (OTOC). The OTOC allowed the applicant to conduct further discovery regarding a change in his permanent disability. Defendant argued this conflicted with a prior Appeals Board decision limiting discovery to apportionment. The Board found no substantial prejudice or irreparable harm to the defendant if removal was denied, and that reconsideration would be an adequate remedy. Therefore, removal was not granted.

Petition for RemovalOrder Taking Off CalendarWCJPermanent DisabilityApportionmentDiscoverySubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary Remedy

References

Case No. ADJ11422067, ADJ11422915

Regular

Nov 30, 2018

ESTHER BARRIENTOS (DIAZ) vs. STATE OF CALIFORNIA - IHSS

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal regarding a Protective Order that excused the applicant and her attorney from a deposition due to a claimed calendar conflict. The Board rescinded the Protective Order, agreeing with the WCJ's report that the matter should be returned for further proceedings. This decision was based on the WCJ's subsequent realization of a lack of full knowledge of prior dealings between the parties. The Board emphasized that expressions of opinion by a judge are not evidence of bias, and erroneous rulings do not necessitate disqualification.

Workers' Compensation Appeals BoardPetition for RemovalProtective OrderDepositionDue ProcessCalendar ConflictPetition to QuashWCJ Report and RecommendationSubstantial JusticeDisqualification of WCJ

References

Case No. ADJ9282921

Regular

Sep 14, 2015

AFIGENIO ALVAREZ vs. GRILL CONCEPTS, INC., STARR INDEMNITY & LIABILITY INSURANCE COMPANY

This case involved an applicant whose workers' compensation claim was dismissed for failure to appear at trial. The applicant's counsel argued a calendar conflict and a mistaken belief about the trial time, while the applicant himself also mistakenly believed the trial was scheduled later. Crucially, the record did not show proper service of the trial notice on either the applicant or his attorney. Therefore, the Appeals Board granted reconsideration, rescinded the dismissal order, and returned the case for further proceedings due to the lack of due process.

Petition for ReconsiderationOrder Dismissing CaseFailure to AppearAttorney Calendar ConflictMistaken BeliefCumulative InjuryJanitorHead InjuryNeck InjuryBack Injury

References

Case No. ADJ7473205

Regular

Apr 10, 2012

CARMEN DEVORA vs. KOOSHAREM CORPORATION dba SELECT PERSONNEL SERVICES

The Workers' Compensation Appeals Board granted reconsideration, rescinded the judge's decision, and returned the case for further proceedings. The Board affirmed the $500.00 sanction against defense counsel for failing to appear at trial, deeming his calendar conflict insufficient justification given prior continuances. However, the Board deferred the issues of applicant's injury and the award of costs to the trial level for further development and determination. The Board also noted potential issues regarding a post-termination claim that require clarification.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAwardOrderLabor Code Section 5813SanctionsCostsDue ProcessAdministrative Law Judge

References

Case No. ADJ4706204 (LAO 0826187)

Regular

Nov 30, 2015

KENNETH WEBB vs. AMERICAN PLUMBING, STATE COMPENSATION INSURANCE FUND

This case involves a lien claimant's petition for reconsideration after its $12,772.99 lien was dismissed by the WCJ for failing to appear at a trial. The lien claimant argued the non-appearance was due to a calendaring conflict, though the WCJ initially found no objection was filed. The Appeals Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level. This was based on the WCJ's protracted delay in dismissing the lien, the failure to address the lien claimant's objection to the dismissal notice, and the defendant's procedural defect in seeking dismissal for lack of prosecution.

Del Carmen Medical CenterPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissAppeals Board Rule 10562Order Approving Compromise and ReleaseWCJlien trialNotice of HearingDeclaration of Readiness to Proceed

References

Case No. LBO 322722 LBO 322723 LBO 322724 LBO 322725 LBO 322726 LBO 322727

Regular

Dec 18, 2007

MARTIN HINDS vs. LOS ANGELES COUNTY FIRE DEPARTMENT, INTERCARE INSURANCE SERVICES

This case involves a Petition for Removal filed by applicant Martin Hinds against the Los Angeles County Fire Department. Hinds sought removal of the issues of permanent disability and apportionment, which had been taken off calendar by the WCJ for judicial economy pending a WCAB decision on the Wilkinson doctrine. The Appeals Board denied removal, adopting the WCJ's report and citing the en banc decision in Benson v. Kaiser Medical Group, which addressed the Wilkinson doctrine's applicability post-SB 899. The Board found no present need to postpone trial given Benson is binding and there's no multiplicity of conflicting appellate court opinions.

RemovalPetition for RemovalWCABBenson v. Kaiser Medical GroupWilkinson doctrineSB 899apportionmentcausation statutesLab. Code $\S \S 4663$4664(a)

References

Case No. ADJ10459640

Regular

Dec 01, 2019

Antonio Venegas vs. Baron HR Staffing, Kruse and Sons, Inc.

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding an order that had taken the case off calendar. The applicant argued the removal order deprived him of due process, as joining additional parties was not necessary for trial. The Board found that while joining parties might be necessary, taking the case off calendar hindered the system's purpose of prompt benefit payment. The matter is returned to the trial level for placement back on calendar, with a status conference suggested if delays are needed for joinder.

Petition for RemovalDecision After RemovalJoint and Several LiabilityGeneral and Special EmploymentDue ProcessExpedited HearingPriority ConferenceLabor Code Section 3602(d)Insurance Code Section 11663Off Calendar

References

Showing 1-10 of 588 results

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Updated Daily

Case Law Database

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

Case No. ADJ13220428; ADJ11736712

Regular

Sep 24, 2025

MATTHEW BAILEY vs. HOTLINE ELECTRICAL CONTRACTOR INC.

Petition for DisqualificationWCJCalendar ConflictSettlement OfferLabor Code Section 5311Code of Civil Procedure Section 641BiasEnmityAffidavitDeclaration

References

Case No. AHM 0109985

Regular

Aug 04, 2008

JOSE PERDOMO vs. ABC SUPPLY COMPANY, INC., ESIS

Petition for RemovalOrder Taking Off CalendarAppirionWCJDepositionApplicant CounselDefense CounselVerified AnswerReport and RecommendationTrial Level

References

Case No. ADJ4398425 (LAO 0875977) ADJ1647933 (LAO 0867627)

Regular

Jul 21, 2010

PHYLLIS MOSS vs. PriceWaterhouseCoopers, LLP, Chubb Services Corporation

Petition for removalMandatory settlement conferenceOrder off calendarMinutes of HearingPre-Trial Conference StatementAgreed Medical Evaluator (AME)Status conferenceRemandedWCJWCAB

References

Case No. ADJ364166 (LAO 0879384) ADJ3925942 (LAO 0881103)

Regular

Dec 29, 2015

CLIBORIO MAYORGA vs. DEXTER AXLE CHASSIS GROUP, AIG, GALLAGHER BASSETT SERVICES, INC.

Petition for RemovalOrder Taking Off CalendarWCJPermanent DisabilityApportionmentDiscoverySubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary Remedy

References

Case No. ADJ11422067, ADJ11422915

Regular

Nov 30, 2018

ESTHER BARRIENTOS (DIAZ) vs. STATE OF CALIFORNIA - IHSS

Workers' Compensation Appeals BoardPetition for RemovalProtective OrderDepositionDue ProcessCalendar ConflictPetition to QuashWCJ Report and RecommendationSubstantial JusticeDisqualification of WCJ

References

Case No. ADJ9282921

Regular

Sep 14, 2015

AFIGENIO ALVAREZ vs. GRILL CONCEPTS, INC., STARR INDEMNITY & LIABILITY INSURANCE COMPANY

Petition for ReconsiderationOrder Dismissing CaseFailure to AppearAttorney Calendar ConflictMistaken BeliefCumulative InjuryJanitorHead InjuryNeck InjuryBack Injury

References

Case No. ADJ7473205

Regular

Apr 10, 2012

CARMEN DEVORA vs. KOOSHAREM CORPORATION dba SELECT PERSONNEL SERVICES

Workers' Compensation Appeals BoardReconsiderationFindings of FactAwardOrderLabor Code Section 5813SanctionsCostsDue ProcessAdministrative Law Judge

References

Case No. ADJ4706204 (LAO 0826187)

Regular

Nov 30, 2015

KENNETH WEBB vs. AMERICAN PLUMBING, STATE COMPENSATION INSURANCE FUND

References

Case No. LBO 322722 LBO 322723 LBO 322724 LBO 322725 LBO 322726 LBO 322727

Regular

Dec 18, 2007

MARTIN HINDS vs. LOS ANGELES COUNTY FIRE DEPARTMENT, INTERCARE INSURANCE SERVICES

RemovalPetition for RemovalWCABBenson v. Kaiser Medical GroupWilkinson doctrineSB 899apportionmentcausation statutesLab. Code $\S \S 4663$4664(a)

References

Case No. ADJ10459640

Regular

Dec 01, 2019

Antonio Venegas vs. Baron HR Staffing, Kruse and Sons, Inc.

References

Showing 1-10 of 588 results

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