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

Case No. ADJ7089639 ADJ7089641
Regular
Jun 13, 2013

Santos Quesada vs. Washmasters, Inc. dba California Fleet Services, Dikran Karek dba California Car Wash

Washmasters, Inc. seeks reconsideration of a workers' compensation award for applicant Santos Quesada, alleging denial of due process due to improper notice after changing its address. The Board denied reconsideration, finding Washmasters was properly served with the initial application and subsequent notices at its last known address. Washmasters' failure to notify the Board of its address change, as required by law, precluded it from later contesting the award based on lack of notice or the joinder of another entity. The Board also found Washmasters lacked standing to challenge the award against California Car Wash.

Workers' Compensation Appeals BoardUninsured Employers Benefits Trust FundStipulated AwardPermanent DisabilityLife PensionPetition for ReconsiderationDue ProcessService of ProcessApplication for Adjudication of ClaimSpecial Notice of Lawsuit
References
0
Case No. MISSING
Regular Panel Decision

World Trading Corp. v. Kolchin

The plaintiff sought to permanently enjoin the defendant from arbitrating disputes, arguing that the defendant union's change in affiliation from the American Federation of Labor to the Committee for Industrial Organization, along with a name change, altered its legal entity and invalidated their contract. The court disagreed, holding that a union's identity, structure, operation, constitution, by-laws, officers, and membership remain the same despite changes in affiliation and name. The court affirmed that such changes do not affect the union's rights or responsibilities under existing contracts. Therefore, the court found no basis to support the plaintiff's contention.

union affiliationarbitration disputeinjunctioncontract validityorganizational identitylabor lawname changelegal entitytrade unionsAmerican Federation of Labor
References
2
Case No. ADJ3388749 (VNO 0561016)
Regular
Nov 26, 2018

ROBERTA MOORE vs. CITY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration to address conflicting medical opinions from the Agreed Medical Examiner (AME) regarding the apportionment of applicant Roberta Moore's fibromyalgia disability. The AME's report initially apportioned 70% of the disability to the industrial injury, but later changed to 100% to the industrial component, citing remission of her non-industrial condition. The Board found this sudden change unexplained and is remanding the case for further clarification from the AME or a new medical examination. Additionally, the Board will allow parties to address permanent total disability findings in light of the *Fitzpatrick* decision.

Agreed Medical ExaminerFibromyalgiaCumulative TraumaApportionmentUndifferentiated Connective Tissue DiseasePermanent Total DisabilityVocational FeasibilityLabor MarketAgreed Medical Examiner (AME)Medical-Legal Expense
References
0
Case No. ADJ12088438
Regular
Dec 03, 2019

Sherice Bellamy vs. Ventura County Community College, Keen & Associates

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding the prior order denying a change of venue. The Board found that the presiding judge incorrectly applied Labor Code section 5501.5 and that Labor Code section 5501.6, which governs petitions for change of venue, was the relevant statute. Consequently, the case was returned to the presiding judge to address the applicant's petition for change of venue under the proper legal framework. A dissenting opinion argued against removal, stating the applicant did not demonstrate good cause or irreparable harm, and could refile a properly supported venue change petition.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueLabor Code Section 5501.5Labor Code Section 5501.6Principal Place of BusinessGood CauseSubstantial PrejudiceIrreparable HarmDissenting Opinion
References
2
Case No. MISSING
Regular Panel Decision

Claim of Difilippo v. Edison

A claimant, residing in New York City and injured in the Bronx, sought to change the venue of his workers' compensation hearings from Manhattan to White Plains, Westchester County, citing convenience. The Workers’ Compensation Law Judge and subsequently the Workers’ Compensation Board denied this request, finding that the claimant failed to provide sufficient justification or evidence for the change, as required by Board rules. Additionally, the Board assessed a $250 penalty against the claimant's attorney for seeking review without reasonable grounds under Workers’ Compensation Law § 114-a (3) (ii). The appellate court affirmed the Board's decision in its entirety, upholding both the denial of the venue change and the imposition of the attorney penalty.

Workers' Compensation LawVenue ChangeAttorney SanctionAppellate ReviewAdministrative DecisionBurden of ProofProcedural RulesSufficiency of EvidenceNew York Labor LawJudicial Authority
References
2
Case No. ADJ7056249
Regular
Jun 29, 2012

OSVALDO GONZALEZ vs. FLOOR PLANS, STATE COMPENSATION INSURANCE FUND

The WCAB dismissed the defendant's petition for reconsideration as premature. However, the Board granted the defendant's petition for removal, rescinded the prior order changing venue, and returned the matter for a hearing. The original Order Granting Change of Venue lacked sufficient factual basis showing good cause for the transfer. The WCAB requires a hearing to properly address the defendant's opposition and for the WCJ to articulate specific good cause for any venue change.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueGood CauseWCJLabor Code section 5501.6Order Granting Change of VenueRescindedDecision After Removal
References
0
Case No. ADJ7301029
Regular
Nov 22, 2016

ANGEL BARRAGAN vs. PARKER HANNIFIN CORPORATION

The Workers' Compensation Appeals Board granted the defendant's petition for removal to review an order changing the venue of the case. The Board found that the applicant failed to demonstrate good cause for the venue change under Labor Code section 5501.6. Specifically, the applicant's petition did not adequately identify witnesses, their addresses, or the substance of their testimony as required by statute. The Board rescinded the order changing venue and returned the matter for further proceedings to determine if good cause exists.

Petition for RemovalOrder Changing VenueLabor Code section 5501.6Workers' Compensation Appeals BoardVenueConvenience of WitnessesGood CausePetition VerificationOffer of ProofIndustrial Injury
References
0
Case No. ADJ8785965
Regular
Oct 16, 2013

BRIANA LATIGUE vs. VALLEY COMFORT, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding the denial of their request to change venue. The applicant filed the claim in Marina Del Rey, despite residing and being employed in Modesto. The defendant failed to demonstrate substantial prejudice or irreparable harm, which is required for removal, and their initial petition for venue change lacked sufficient specificity regarding witness addresses and testimony. Therefore, the venue denial was proper, though the defendant can seek a venue change later.

Petition for RemovalPetition for Change of VenueWorkers' Compensation Appeals BoardLabor Code section 5501.5(a)(3)extraordinary remedysubstantial prejudiceirreparable harmsection 5501.6(b)convenience of witnesseswitness addresses
References
3
Case No. ADJ8796312
Regular
Aug 09, 2013

GEORGE WALKER vs. CEDARS SINAI MEDICAL CENTER, TRISTER SAN DIEGO

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was not taken from a final order, as it concerned an interlocutory decision denying a change of venue. The Board also denied the defendant's request for removal, adopting the judge's reasoning that no substantial prejudice or irreparable harm was shown. The defendant's initial petition for change of venue was denied for failing to meet statutory requirements by not disclosing witness names, addresses, and testimony substance. Consequently, the Board upheld the prior order denying the venue change.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityVenueChange of VenueLabor Code Section 5501.6Prejudice
References
6
Case No. ADJ4379045 (ANA 0389616)
Regular
Mar 19, 2012

FEDERICO MARTINEZ vs. ROBERTSON'S READY MIX, INC.

Defendant Robertson's Ready Mix sought to reopen a stipulated award of 81% permanent disability for Federico Martinez based on a change in law regarding life pension calculations. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as untimely, as it was filed significantly beyond the statutory 20-day limit. However, the WCAB returned the petition to the trial level to be considered solely as a petition to reopen based on the alleged change in law. This decision allows the parties to address the legal change at the trial judge level.

Workers' Compensation Appeals BoardPetition to ReopenPetition for ReconsiderationStipulated Findings and AwardIndustrial InjuryPermanent DisabilityLife PensionLabor Code Section 4659(c)Baker v. Workers' Comp. Appeals Bd.Untimely Filing
References
5
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