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

Case No. ADJ9591968
Regular
Aug 21, 2018

ISMAEL RODRIGUEZ vs. CJR RESTAURANT, AMTRUST

This case involves a lien claim by Mesa Pharmacy, Inc. which was previously subjected to a stay by a WCJ. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address Mesa's petition. The WCAB rescinded the prior order and returned the case to the trial level for a judge to determine if it should be excluded from a master consolidation of over 19,000 cases concerning Mesa Pharmacy's liens. This consolidation aims to address complex factual and legal issues regarding Mesa's operations and potential violations of Labor Code section 4615.

Mesa PharmacyLabor Code section 4615lien claimantconsolidationWCAB Rule 10589common issues of fact and lawownership and controlJohn Garbinocriminal proceedingsjudicial resources
References
Case No. ADJ8492547
Regular
Oct 18, 2019

HECTOR ACEVEDO vs. SUN HO CORPORATION dba TREIU CHAU RESTAURANT, FARMERS TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board rescinded the prior findings that National Script Pharmacy's lien was stayed under Labor Code section 4615. This case, along with others involving National Script Pharmacy, has been consolidated into a master file to address common factual and legal issues regarding the applicability of section 4615. The matter is returned to the trial level for further proceedings consistent with the consolidation order, allowing all parties to be heard. This decision ensures consistent rulings and judicial economy given the complex ownership and criminal proceeding issues surrounding the lien claimant.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantLabor Code Section 4615ConsolidationMaster FileNational Script PharmacyBahar Danesh GharibCriminal ProceedingsJudicial Economy
References
Case No. ADJ7167874
Regular
Jan 21, 2011

IOWN FIELDS vs. LOS ANGELES COUNTY OFFICE OF EDUCATION

The Workers' Compensation Appeals Board granted the Los Angeles County Office of Education's (LACOE) Petition for Removal to rescind an Order of Consolidation. LACOE argued they lacked notice and proper service for the consolidation. The Board found the "Order of Consolidation" was not truly signed or intended by the judge, but rather improperly written in the minutes by a party. Therefore, the Board rescinded the problematic consolidation order out of an abundance of caution.

Petition for RemovalOrder of ConsolidationMandatory Settlement ConferenceNoticeServiceWCJMinutes of HearingRescindWorkers' Compensation Appeals BoardLACOE
References
Case No. ADJ15400555
Regular
Oct 10, 2025

MA LUISA OLIVARES vs. WINDSOR PALMS CARE CENTER, STARSTONE NATIONAL INSURANCE COMPANY, CANNON COCHRAN MANAGEMENT SERVICES, INC.

Defendant filed a petition for removal against a workers' compensation administrative law judge's (WCJ) orders from May 9, 2024, which took the matter off calendar and appeared to consolidate cases. The Appeals Board determined that the WCJ's orders, issued without creating a proper record or providing adequate notice for consolidation, constituted irreparable harm and violated the parties' right to due process. Consequently, the Board granted the petition for removal and rescinded the May 9, 2024 Minute Orders. The case was then returned to the trial level for further proceedings, emphasizing the necessity of creating a proper record to support any future orders.

Petition for RemovalOrder Taking Matter Off CalendarConsolidationDiscoveryDue Process ViolationIrreparable HarmSubstantial EvidenceRecord DevelopmentNotice and Opportunity to be HeardOrder of Consolidation
References
Case No. ADJ8944738, ADJ8028796, ADJ8030015
Regular
Jan 21, 2014

MANUEL GODOY vs. CARGILL BEEF PACKERS, SEDGWICK CLAIMS MANAGEMENT SERVICES, Zenith Insurance Company, Lamanuzzi and Pantaleo

The Appeals Board granted petitions for removal by defendants Cargill Beef Packers and Zenith Insurance Company, rescinding a prior order consolidating three workers' compensation cases. Consolidation was deemed premature due to significant prejudice and potential trial delay, particularly concerning Zenith's pending statute of limitations and post-termination defenses. The Board ordered the January 30, 2014 priority hearing in Zenith's case to proceed as scheduled. Future consolidation considerations will require notice to all parties.

Petition for RemovalConsolidation OrderPrejudiceTrial DelayCumulative TraumaSpecific InjuryAgreed Medical ExaminersAOE/COE TrialStatute of Limitations DefensePost-Termination Defense
References
Case No. SAU8813471
Regular
Feb 07, 2023

KIMBERLY KENNEY vs. SEGUOYAH, INC., FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board denied a lien claimant's petition for removal of an order consolidating liens and imposing a temporary stay. The consolidation aims to resolve a common legal issue regarding whether the lien claimant is controlled by a criminally charged physician, which would trigger an automatic stay under Labor Code section 4615. The Board found no due process violation, as the order only stays other lien issues pending the common issue's adjudication. Furthermore, the consolidation serves judicial efficiency by avoiding duplicate rulings on this critical threshold matter.

WCABPetition for RemovalOrder of Consolidation and StayLien ClaimantLabor Code section 4615Due ProcessIssue PreclusionConsolidation OrderWCJFarmers Insurance Exchange
References
Case No. ADJ4539662 (LBO 0266945)
Regular
Feb 07, 2011

RAUL ANAYA vs. MCDONNELL DOUGLAS; CIGA c/o CAMBRIDGE INTEGRATED SERVICES for FREMONT INDEMNITY in liquidation

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of a venue change order. However, treating the petition as a request for removal, the WCAB granted removal and rescinded the order. The WCAB found that the defendant improperly sought a venue change to consolidate cases, as consolidation requires following specific procedures outlined in Cal. Code Regs., tit. 8, § 10260(b).

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueLabor Code Section 5501.5(c)Cal. Code Regs. tit. 8 § 10410Adjudication Case NumberPWCJStipulated AwardContribution Proceeding
References
Case No. ADJ8861723
Regular
Aug 27, 2018

ARACELI FLORES vs. VALLARTA SUPERMARKETS/SANTA ISABEL ENTERPRISES, CLAREDON INSURANCE

Lien claimant Mesa Pharmacy sought removal of a WCJ's order that deferred the critical issue of whether its lien was stayed under Labor Code § 4615. Mesa argued this denial of due process and prejudicially delayed adjudication of its lien. The Appeals Board granted removal, rescinded the WCJ's findings, and returned the matter for proceedings consistent with a prior consolidation order. This consolidation addressed common issues regarding Mesa Pharmacy's liens and potential stays under § 4615 due to criminal proceedings against related parties.

Petition for RemovalLien ClaimantLabor Code Section 4615Stayed LienCriminally Charged ProviderDue ProcessConsolidated CasesMaster FileWCJOrder of Consolidation
References
Case No. ADJ9261053
Regular
Sep 28, 2018

SETHER MORALES DE GARCIA vs. CLARCOR AIR FILTRATION PRODUCTS, TRAVELERS INSURANCE

This case involves a Petition for Removal filed by Mesa Pharmacy concerning a lien claim for compounded medications. The Workers' Compensation Appeals Board (WCAB) denied removal because the petitioner failed to demonstrate substantial prejudice or irreparable harm, as required for this extraordinary remedy. The WCAB upheld the Workers' Compensation Judge's decision to vacate submission, aligning with a prior consolidation order from another judge for all Mesa Pharmacy liens. Petitioner's rights are protected by the consolidated proceedings, making reconsideration an adequate remedy.

Petition for RemovalWorkers' Compensation Appeals BoardWCJsubstantial prejudiceirreparable harmreconsiderationOrder Approving Compromise and Releaselien claimantcompounded medicationsNotice Flagging Lien Claimants
References
Case No. ADJ11509125, ADJ11509591, ADJ13194436
Regular
Dec 15, 2020

ALEX MEJIA vs. LINEAGE LOGISTICS, CORVEL

The Appeals Board granted Lineage Logistics' petition for removal, rescinding an order that changed venue for claim ADJ13194436 to Long Beach. The Board found the record procedurally confused, noting conflicting actions by different district offices and an order that incorrectly stated parties jointly agreed to the venue change despite an objection. The matter is returned to the trial level to address consolidation and proper venue for all three applicant claims.

Petition for RemovalChange of VenueConsolidation of ClaimsProcedural ConfusionAdjudication NumbersDistrict OfficeWorkers' Compensation Appeals BoardCumulative TraumaPetition to ConsolidateNotice of Intention to Change Venue
References
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