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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ367503 (ANA 0407530)
Regular
Jun 27, 2013

MANUEL GONZALEZ AGUINIGA vs. WEBCOR BUILDERS, ZURICH NORTH AMERICA

The Appeals Board granted the applicant's Petition for Removal, rescinding the prior order compelling a release for a Social Security number ending in 2221. While acknowledging a significant identity dispute raised by the employer, the Board found no basis to compel this specific record release as irrelevant to the employer's payroll records for the applicant's known Social Security number. The Board suggested the WCJ address the applicant's identity, as it impacts the case's proceedings. The employer had doubts about the applicant's identity, particularly regarding earnings and discrepancies in Social Security numbers.

Petition for RemovalSocial Security ReleaseFifth Amendment RightsIdentity of ApplicantWCJ OrderAgreed Medical EvaluatorPretrial Conference StatementMandatory Settlement ConferenceWorkers' Compensation Appeals BoardApplicant Identity Dispute
References
Case No. ADJ7934571
Regular
Dec 03, 2014

NANCY GREYSON vs. TUCALOTA SPRINGS RV PARK, CARL WARREN & COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board adopted the Administrative Law Judge's report, finding the applicant sustained a continuous trauma injury AOE/COE. The defendant's arguments regarding continuous trauma versus specific injury and the AME's findings were rejected. Additionally, the Board ordered defense counsel to comply with WCAB Rule 10550 regarding proper identification of parties, as the defendant's identity was unclear throughout the proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCAB Rule 10550Defense CounselSubstitution of CounselMinutes of HearingApplicant IdentityDefendant IdentityAdministrative Law JudgeInjury AOE/COE
References
Case No. ADJ2875706 (STK 0185271)
Regular
Mar 02, 2020

APRIL PREMO WILLIAMS vs. THE HOME DEPOT

The Workers' Compensation Appeals Board denied April Williams' petition for reconsideration of a decision finding she sustained an industrial injury. Williams sought to disqualify defense counsel, Ray Stanek, alleging he represented adverse clients and failed to object to court violations of her rights. The Board found no evidence Stanek represented adverse clients, as Williams had never been his client. Furthermore, Stanek had no affirmative duty to act on Williams' behalf regarding alleged court misconduct. Consequently, the Board found no basis for disqualification and denied the petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAward and OpiniondisqualificationRay StanekAlbert & MackenzieHelmsman Management ServicesADAdue process
References
Case No. ADJ8067615
Regular
Apr 15, 2015

Latonia Bowman vs. SARA LEE CORPORATION, ACE AMERICAN INSURANCE COMPANY

This case involves an attorney's request to be relieved due to irreconcilable differences with his client. The applicant had accused the attorney of misconduct and collusion with the insurance company. Although the applicant later expressed remorse and a desire to be a better client, the Appeals Board found the attorney-client relationship had irrevocably deteriorated. Consequently, the Board granted the attorney's petition and relieved his firm as counsel for the applicant.

Petition for RemovalDismissal of AttorneyIrreconcilable DifferencesAttorney-Client PrivilegeMisconductFraudCollusionBreakdown of RelationshipWorkers' Compensation Appeals BoardWCJ
References
Case No. ADJ10509688
Regular
May 02, 2018

FRANCISCO HERNANDEZ vs. KVS TRUCKING, Uninsured, UNINSURED EMPLOYERS BENEFIT TRUST FUND, SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY

State National Insurance Company (SNIC) sought removal of a WCJ's order scheduling a Mandatory Settlement Conference to determine the identity of the applicant's employer and SNIC's policy coverage. SNIC argued this would cause prejudice and irreparable harm. The WCAB denied the petition, finding that removal is an extraordinary remedy requiring a showing of significant harm, which SNIC failed to demonstrate. The WCAB affirmed the WCJ's decision, allowing the parties to proceed with resolving the employer identity issue.

Uninsured employerUninsured Employers Benefit Trust FundIdentity of employerPetition for RemovalMandatory Settlement ConferenceIndustrial injuryTruck driverCoverage determinationPrejudiceIrreparable harm
References
Case No. ADJ6921160
Regular
Oct 20, 2011

ERWIN HOESE vs. UKIAH VALLEY LUMBER, FIRST COMP OMAHA

The Workers' Compensation Appeals Board denied a petition to disqualify Judge George R. Ferris. The applicant's attorney alleged bias due to an incident on September 1, 2011, claiming it would prejudice his clients. The Judge stated in his report that decisions are based solely on evidence and he would ensure all parties have their "day in Court." The Board found no reason to doubt the Judge's impartiality and therefore denied the disqualification petition.

Petition for DisqualificationWorkers' Compensation Appeals BoardAdministrative Law Judgeenmitybiasprejudicemandatory settlement conferencesReport and Recommendationevidencelitigants
References
Case No. ADJ15820808
Regular
Oct 28, 2025

Carlos Enrique Vicente vs. Samuel Hale, LLC / TWS Facility Services, Inc.; Cannon Cochran Management Services, Inc. on behalf of Clear Spring Property & Casualty Company

The Workers' Compensation Appeals Board denied defendant's petition for removal of a trial setting order, asserting that removal is an extraordinary remedy and the defendant failed to demonstrate substantial prejudice or irreparable harm. The Board clarified that motions for summary judgment are impermissible in workers' compensation cases, emphasizing the need for decisions based on an adequate record with due process. Furthermore, the Board critically addressed defendant's counsel for non-compliance with mandatory rules regarding party identification and disclosure of liable entities, citing conflicting information in various filings. Counsel was advised to resolve these identification issues promptly, with a warning of potential sanctions and unenforceability of awards if not rectified.

RemovalPetition for RemovalOrder of DismissalSummary JudgmentWCJDue ProcessWCAB Rule 10390WCAB Rule 10400Third-Party AdministratorLiability Disclosure
References
Case No. ADJ8621679
Regular
Mar 24, 2014

Jon Arends vs. URS Federal Support Services, Inc., National Union Fire Insurance Company, administered by Sedgwick Claims Management Services

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding a prior order that denied his motion to disqualify defense counsel. The Board found that the applicant's former employer's attorneys, Seyfarth Shaw, previously represented him in a related civil matter. This prior representation created a conflict of interest under professional conduct rules, as Seyfarth likely obtained confidential information material to the current workers' compensation case. Therefore, Seyfarth Shaw and its attorneys are disqualified from representing the defendant in this matter.

Workers Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationMotion to DisqualifyConflict of InterestRule 3-310(E)Joint Defense AgreementAttorney-Client PrivilegeConfidential InformationSubstantial Relationship Test
References
Case No. ADJ2528253 [VNO 0109315] ADJ4079159 [VNO 0110903] ADJ1557998 [VNO 0100061] ADJ1727207 [VNO 0120684]
Regular
Sep 19, 2008

GORDON BERGELSON vs. SPORTSCOACH CORPORATION OF AMERICA, RSKCO

The Appeals Board dismissed the applicant’s petition for reconsideration of the WCJ’s July 15, 2008 order relieving applicant’s counsel. The order relieving counsel is not a final order subject to reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Granting Petition to Be Relieved as CounselWorkers' Compensation Administrative Law JudgeInterlocutory Procedural OrdersFinal OrderSubstantive RightLiability of PartiesAttorney-Client RelationshipSignificant Prejudice
References
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