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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ6916816
Regular
Feb 05, 2013

SARAH HOAGLAND vs. COUNTY OF YUBA

This case concerns a workers' compensation applicant, Sarah Hoagland, who was ordered to produce business records and tax returns. The Appeals Board granted her Petition for Removal, ruling that her tax returns are privileged and cannot be compelled. However, Hoagland must produce her business records, though she may seek protective orders for third-party privacy concerns or request in-camera review. Charity records were deemed outside the subpoena's scope and require a more specific demand.

Petition for RemovalSubpoena Duces TecumTax Records PrivilegeRevenue and Taxation Code Section 19282Webb v. Standard Oil Co.Schnabel v. Superior CourtPublic Policy ExceptionConfidential Financial InformationThird-Party Privacy RightsProtective Order
References
Case No. ADJ10939613, ADJ11371215
Regular
Jan 22, 2019

BRIAN COLLINS vs. CITY OF VACAVILLE, INNOVATIVE CLAIMS SOLUTIONS, INC.

The Workers' Compensation Appeals Board granted removal, rescinding an order that quashed subpoenas for an applicant's former employer personnel and medical records. The Board found that Evidence Code sections 1043-1046, which govern discovery of police personnel records, are not applicable to routine workers' compensation discovery. Filing a workers' compensation claim places the applicant's medical condition at issue, making these records essential for the defense. Therefore, requiring strict adherence to the *Pitchess* procedure would be an absurd procedural hurdle in this context.

Workers' CompensationPetition for RemovalQuashed SubpoenasPolice Officer Personnel RecordsEvidence Code Sections 1043-1046Penal Code Sections 832.7-832.8Pitchess MotionRoutine DiscoveryMedical RecordsPersonnel Records
References
Case No. ADJ7665162, ADJ7647930, ADJ7644904
Regular
Apr 11, 2014

MARTINA MONTANO vs. WEST COAST PLASTICS, INC., ZENITH INSURANCE CO., CYPRESS INSURANCE CO., INSURANCE CO. OF THE WEST

The Appeals Board granted reconsideration, rescinded dismissal orders for lien claimants LYG Professional Medical Group and Southern California Sports Rehabilitation, and returned the matter to the trial level. This was because the dismissal orders were not properly served on the lien claimants' agent of record, MBS Systems. Additionally, the record was unclear as to whether MBS Systems' representative appeared at the lien conference. Consequently, the Board found further proceedings necessary to determine the status of the liens.

Lien ClaimantsPetition for ReconsiderationSelf-Executing OrderLien ConferenceDismissal with PrejudiceRule 10500(b)Designated ServiceAgent of RecordRule 10510Proof of Service
References
Case No. ADJ18454068
Regular
Nov 06, 2025

JOHN COCHRAN JR. vs. THE WALT DISNEY COMPANY, KEYSTONE PAYING AGENT, INC., AMERICAN BROADCASTING COMPANIES, CHUBB INSURANCE

Applicant John Cochran Jr. filed a petition for removal challenging an order that took his case off calendar without a developed record. The Workers' Compensation Appeals Board found the order to violate due process and cause irreparable harm. Consequently, the Board granted the petition, rescinded the August 13, 2025 order, and returned the matter to the trial level to create a proper record. The Board emphasized that decisions must be based on admitted evidence and supported by substantial evidence.

Petition for RemovalOrder Taking Matter Off CalendarRescind OrderCreate RecordDue Process ViolationIrreparable HarmSubstantial PrejudiceSubstantial EvidenceComplete RecordAdmitted Evidence
References
Case No. ADJ18504272
Regular
Sep 19, 2025

MIRELLA VELIZ vs. PACIFIC AVIATION CORPORATION, STARR INDEMNITY AND LIABILITY, administered by SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied Mirella Veliz's petition for removal from an order setting the matter for trial. Veliz argued that discovery was incomplete and the defendant's readiness for trial declaration was defective. The WCAB found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board noted that parties can address discovery issues and present all evidence and arguments at trial.

Petition for RemovalWCJ OrderDiscovery CompletionDeclaration of ReadinessSubstantial PrejudiceIrreparable HarmReconsiderationAdmitted EvidenceSubstantial EvidenceComplete Record
References
Case No. ADJ11160722, ADJ11383679, ADJ11398700
Regular
Feb 27, 2020

GREG EISERT vs. CITY OF VACAVILLE, INNOVATIVE CLAIMS SOLUTIONS, INC.

The Workers' Compensation Appeals Board granted removal, rescinding an order that quashed subpoenas for an applicant police officer's personnel records. The Board ruled that Evidence Code sections 1043-1046 do not apply to routine discovery of medical and injury-related records in workers' compensation cases when an applicant puts their health at issue. However, the request for "POST" documents was returned to the trial level for further determination as their nature and relevance to routine discovery were unclear. The Board aims for substantial justice, emphasizing that procedural technicalities should not impede necessary discovery in such claims.

Petition for RemovalEvidence Code 1043Penal Code 832.7Personnel RecordsPeace OfficerRoutine DiscoveryMedical RecordsInjury-Related RecordsPOST DocumentsSubpoena Duces Tecum
References
Case No. ADJ9652696
Regular
Jul 11, 2016

JAVIER GARCIA vs. YIRAE FASHION, INC., EMPLOYERS' COMPENSATION INSURANCE COMPANY

The Appeals Board granted the applicant's petition for removal due to a May 24, 2016 Minute Order from the WCJ. The order's ambiguity regarding trial issues of "reopening the record" or "clarification" would cause the applicant irreparable harm. The Board found the WCJ's order lacked clarity on issues, stipulations, and admitted evidence, violating the duty to create a complete and comprehensible record. Consequently, the Minute Order was rescinded, and the case was returned to the trial level to properly clarify issues and establish the record.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMinute OrderReopen RecordClarification of RecordSignificant PrejudiceIrreparable HarmQualified Medical ExaminationPQME
References
Case No. ADJ8765078 ADJ8765068 ADJ8841406
Regular
Dec 03, 2018

WILLIAM MCBURNEY vs. ALL THAT GLITTERS, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the WCJ's Findings and Award due to an inadequate record. Specifically, the Board noted discrepancies in physician references and confusion regarding the scope of a prior award for medical treatment for psychological injury. The matter was returned to the trial level for further proceedings to ensure a complete and accurate record for a new decision by the WCJ. The Board also questioned the WCJ's failure to specify penalty amounts.

ReconsiderationFindings and AwardLabor Code sections 58145814.5Psychiatric medical treatmentIndustrial cumulative traumaFuture medical careUtilization reviewWCJPenalties
References
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