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

Case No. ADJ9172410, ADJ9172422
Regular
Apr 22, 2015

DAVID MEANY vs. WALNUT CREEK FORD, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for ULLICO CASUALTY in Liquidation, Administered By PATRIOT RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration to correct a clerical error in the original award. The Board rescinded an amended award issued without proper jurisdiction and clarified that temporary disability indemnity in ADJ9172422 is payable less sums received from all sources, including EDD. Case ADJ9172410 was taken off calendar as there were no disputed issues. The original award in ADJ9172422, as amended to reflect these clarifications, was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardTemporary Disability IndemnityWage-Loss BasisEmployment Development DepartmentAdministrative Law JudgeOff CalendarClerical ErrorJudicial Function
References
Case No. ADJ10020893
Regular
Aug 21, 2017

TZITZIRI BOLANOS ZACARIAS vs. MARZ FARMS, ZENITH INSURANCE COMPANY

This case involves Zenith Insurance Company's petition for reconsideration of a $250 sanction order. The sanction was imposed because Zenith and its attorneys failed to appear at a status conference due to an alleged calendaring error. Zenith argued this was an inadvertent mistake, not bad faith, and requested relief under WCAB Rule 10561. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report that found no reasonable excuse for the failure to appear. One commissioner dissented, believing the sanctions were unjust given the isolated, inadvertent nature of the calendaring error and Zenith's prompt resolution of the underlying issue.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsStatus ConferenceNotice of Intention to SanctionReasonable ExcuseCalendaring ErrorWCAB Rule 10561Labor Code section 5813Bad Faith
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. ADJ8186610
Regular
Apr 11, 2014

MARIA RODRIGUEZ vs. VALLARTA FOOD ENTERPRISES, INC., dba VALLARTA SUPERMARKETS, SEDGWICK CLAIMS MANAGEMENT SERVICES

Lien claimant North Valley Diagnostics' Petition for Reconsideration was granted after its lien was dismissed for failure to appear at a lien conference. The Appeals Board found sufficient cause, primarily an inadvertent calendaring error supported by prior diligent actions like paying fees and appearing at an earlier conference, to set aside the dismissal. The matter was returned to the trial level for further proceedings and a new decision by the WCJ. Commissioner Lowe dissented, agreeing with the WCJ that the calendaring error did not constitute good cause for non-appearance.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ConferenceLien ClaimantNotice of Intention to DismissCompromise and ReleaseIndustrial InjuryDeli AttendantCalendaring Error
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. ADJ8890143
Regular
Sep 19, 2014

Vanessa White vs. San Diego Gas Electric, Liberty Mutual Insurance Company

In this workers' compensation case, the Appeals Board granted a joint petition for removal to correct a misidentification of the employer on case documents. Although the parties characterized this as a clerical error, the Board clarified it was an attorney error. Despite the lack of stated prejudice, the Board rescinded the prior denial of a petition to amend the order approving the compromise and release. The case is returned to the trial level for the judge to make necessary corrections to court documents and EAMS.

Petition for RemovalOrder Denying PetitionAmendment of Order Approving Compromise and ReleaseEmployer Identification ErrorClerical ErrorAttorney ErrorSubstantial PrejudiceIrreparable HarmWCAB Rule 10843Labor Code Section 5813
References
Case No. SFO 0470429
Regular
Aug 31, 2007

ABDO M. ALKORIN vs. ONE SOURCE and AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was filed over 10 months late. The WCAB clarified that a prior order incorrectly included one case number in a dismissal and properly corrected this clerical error, finding the applicant was not aggrieved by the correction. Since an order taking the matter off calendar is not a final order and no prejudice was shown, removal was also denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalRemovalAdministrative Law JudgeClerical ErrorOff CalendarDeclaration of Readiness to ProceedNotice of Intention to DismissMandatory Settlement Conference
References
Case No. ADJ820875 (MON 0251000) ADJ4467494 (MON 0156338) ADJ1266959 (LAO 0791769) ADJ1310086 (MON 0252336) ADJ2298144 (MON 0252337) ADJ4041333 (MON 0252338)
Regular
Mar 04, 2020

FEREZ, Gabriel vs. DILLINGHAM/ SADELMI; AIG INSURANCE; VALVERDE CONSTRUCTION; CIGA; MARMELLOTTO; VALLEY CEST; ACE INSURANCE, administered by ESIS

This case involves a lien claimant, Elena Konstat Ph.D., whose request to proceed with a lien on multiple workers' compensation claims was taken off calendar by the Administrative Law Judge (ALJ). The Workers' Compensation Appeals Board (WCAB) granted removal because the ALJ's order erroneously stated the lien claimant lacked standing without a proper adjudication. While affirming the order to take the matter off calendar, the WCAB amended the order to remove the problematic language regarding standing, clarifying that the lien claimant's claim has not been decided on its merits. The matter was removed from the calendar to allow proper service and procedural steps for another lien claimant, Precision Pharmacy, before any further lien conferences or trials.

Workers' Compensation Appeals BoardPetition for RemovalLien ClaimantWCJOff CalendarStandingLabor Code §4903.8(d)Joint Compromise and ReleaseSettlement AgreementDeclaration of Readiness to Proceed
References
Case No. ADJ7588409
Regular
Jan 09, 2015

Armando De La Mora vs. Hanson Building Materials, Liberty Mutual Insurance

The Workers' Compensation Appeals Board denied reconsideration of a dismissal order for lien claimant Industrial Health Care. The lien was dismissed due to the claimant's failure to appear at a scheduled lien trial on August 28, 2014. Although the claimant admitted to a calendaring error and argued improper notice, the Board found their petition lacked material evidence and overlooked prior errors. Furthermore, the claimant's objection to the dismissal notice was filed two days late, contributing to the denial.

Lien ClaimantPetition for ReconsiderationOrder Dismissing LienFailure to AppearLien TrialNotice of Intention to DismissAppeals Board Rule 10562ObjectionsMis-calendaring ErrorTimely Service
References
Case No. ADJ7904578
Regular
Oct 12, 2012

Victor Mora vs. Blizzard Printing, Inc., PSM Insurance Company

Lien claimants failed to appear at a July 2, 2012 lien conference, prompting the WCJ to issue Notices of Intention to Dismiss their liens. They sought reconsideration, claiming a calendaring error caused their absence. However, the Appeals Board dismissed their petition, ruling that a Notice of Intention is not a final order from which reconsideration can be sought. The Board found the petition frivolous, wasting judicial resources, but declined to impose sanctions for this first offense.

Lien ClaimantsPetition for ReconsiderationNotice of Intention to DismissLien ConferenceCompromise and ReleaseMachine OperatorIndustrial InjuryCalendaring ErrorInadvertent MistakeExcusable Neglect
References
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