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

Case No. ADJ4055531 (OXN 0137643) ADJ1549173 (OXN 0131530) ADJ2511069 (OXN 0139174)
Regular
May 09, 2012

DAWN MESSI vs. STEPHEN MITNICK, STATE FARM FIRE & CASUALTY, CUNNINGHAM & LANDSEN, STATE COMPENSATION INSURANCE FUND, VAN SICKLE & ROWLEY, EMPLOYERS COMPENSATION INSURANCE COMPANY

Attorney M. Francesca Hannan petitioned for the disqualification of WCJ Morgan, alleging a conspiracy among Oxnard District Office WCJs to dismiss her clients' liens and sanction her due to her medical issues. The Appeals Board denied the petition, finding it untimely and unsupported by sufficient factual evidence. Hannan failed to provide timely declarations from alleged witnesses to substantiate her claims of bias and conspiracy. Therefore, the case is returned to the trial level without the disqualification of WCJ Morgan.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeBiasSanctionsLiensCompromise and ReleaseReconsiderationADA accommodationTimeliness
References
Case No. ADJ1988796 (OXN 0126081) ADJ4225705 (OXN 0126083)
Regular
May 09, 2012

JULIE ANN CABEZA vs. MARY HEALTH OF THE SICK, REDLAND INSURANCE

Attorney Hannan petitioned to disqualify WCJ Glass based on allegations of a conspiracy with other WCJs to penalize her and her clients. The Appeals Board denied the petition, finding insufficient specific facts and evidence to support the claims of bias. Hannan failed to provide required witness declarations and her allegations largely repeated prior contentions. The Board concluded the petition was untimely and lacked the necessary evidentiary support for disqualification.

Petition for disqualificationWCJ biasconspiracy allegationslien claimantattorney misconducttimely filingevidencejudicial impartialityADA accommodationwitness declarations
References
Case No. ADJ6929350, ADJ7133107, ADJ8881791
Regular
Aug 16, 2019

TIMOTHY RODRIGUEZ vs. DEPARTMENT OF CORRECTIONS, CALIFORNIA MEN'S COLONY, STATE COMPENSATION INSURANCE FUND

The Appeals Board rescinded the WCJ's decision, finding legal error in requiring proof of conspiracy for workers' compensation claims. The WCJ incorrectly applied the burden of proof and failed to adequately consider medical opinions regarding applicant's claims of physical and psychiatric injuries. The case is remanded for further proceedings and a new decision, requiring the WCJ to analyze each claimed injury and body part separately under the correct burden of proof and to further develop the medical record as necessary.

AOE-COEAgreed Medical Evaluatorhostile work environmentconspiracy theoryburden of proofpreponderance of the evidencespecific injurycumulative traumapsychiatric injurygood faith personnel action
References
Case No. ADJ2036536 (LAO 0869899) ADJ3609983 (LAO 0869895) ADJ6580743
Regular
May 09, 2012

JULY SUESUE vs. CITY OF LONG BEACH

Attorney Hannan petitioned to disqualify WCJ Glass, alleging he and other judges conspired to dismiss her clients' liens and impose sanctions due to her medical issues. This petition was one of several similar claims made by Hannan. The Board denied the petition, finding Hannan failed to provide specific factual evidence supporting her allegations of bias. The case is returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeWCJBiasConspiracySanctionsLiensContinuanceDisability Accommodation
References
Case No. ADJ485759 (VNO 0432097), ADJ1649980 (VNO 0418744), ADJ4677394 (VNO 0489134), ADJ2693882 (VNO 0489135)
Regular
May 09, 2012

WALTER CRABTREE vs. M.R. AUTOMOTIVE, CIGA, Administered by INTERCARE INSURANCE SERVICES, INC., for HIH AMERICA COMPENSATION in Liquidation

This case involves a petition for disqualification of a Workers' Compensation Judge (WCJ) filed by attorney M. Francesca Hannan. Hannan alleged that WCJ Edelberg, along with two other WCJs, conspired to penalize her for delays caused by her medical condition. The Appeals Board denied the petition, finding Hannan's allegations lacked specific facts and were untimely filed. Hannan failed to provide sufficient evidence, including required witness declarations, to support her claims of bias.

WCABPetition for disqualificationWCJLien claimantM.R. AutomotiveCIGAHannanWestlake SpineImperial Lien SolutionsDisqualification of judge
References
Case No. VNO 0405768
Regular
Oct 04, 2007

HEATH OLTMAN vs. RIALTO CONCRETE PRODUCTS, INC., FREMONT INDEMNITY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address delays in applicant Heath Oltman's serious and willful misconduct (S&W) petition. At a Commissioners' Conference, parties agreed the S&W claim could proceed independently of the employer's efforts to set aside an earlier Compromise and Release (C&R). The WCAB affirmed the S&W trial's progression while rescinding the denial of the employer's petition to set aside the C&R, deferring that issue until after the S&W trial is concluded.

Serious and Willful misconductCompromise and ReleasePetition to set asideStandingDue processCommissioners' ConferenceWCJ rulingReconsiderationLabor Code section 5313Conspiracy
References
Case No. ADJ9332041
Regular
Mar 08, 2019

ANA VILLANUEVA vs. TEVA FOODS, TRAVELERS INSURANCE COMPANY

This case concerns whether lien claimant Firstline Health, Inc.'s lien should be subject to a stay under Labor Code section 4615 due to alleged control by criminally charged providers. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the applicant's due process rights were violated. The WCAB rescinded the previous order and returned the case for further proceedings, specifically to allow Firstline an opportunity to rebut evidence of Dr. Uwaydah's de facto control. This decision emphasizes the need for fair hearing and timely notice before imposing a stay on a lien claimant's claim.

Workers' Compensation Appeals BoardLabor Code section 4615Labor Code section 139.21criminally charged providerslien claimantde facto ownershipde facto controlfraudulent documentsconspiracyinsurance fraud
References
Case No. ADJ4301180
Regular
Sep 16, 2019

DELINDA WINFIELD vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration. The WCAB found that once a lien is stayed under Labor Code section 4615, jurisdiction to suspend the lien claimant and adjudicate the lien shifts to the Administrative Director (AD), not the WCAB. Therefore, the WCAB correctly declined to rule on the lien claimant's contention regarding the connection to criminal activity. Any adjudication of the lien's validity, if not arising from criminal conduct, will occur through special lien proceedings overseen by the AD.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantLabor Code section 4615Administrative DirectorDepartment of Industrial RelationsJurisdictionSpecial lien proceedingsCriminal indictmentConspiracy
References
Case No. ADJ7278186
Regular
Sep 21, 2016

STANLEY WELDON vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board dismissed the County of Los Angeles's two petitions for reconsideration as moot. The WCJ's July 28, 2016 order, issued after both petitions were filed, rescinded the original orders challenged by the defendant. This action rendered the defendant's requests for reconsideration irrelevant. Furthermore, even if interpreted as removal requests, they would be denied due to no significant prejudice or irreparable harm.

ReconsiderationLien ClaimantStay of ProceedingsRescinded OrderMootAdministrative Law JudgeAppeals Board RulesCriminal ConspiracyKickbacksPatient Referrals
References
Case No. ADJ4673385 (OXN 0124206)
Regular
May 09, 2012

JESUS CERVANTES vs. GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY in Liquidation

This case involved attorney Hannan's petition to disqualify Judge Morgan, alleging a conspiracy among Oxnard WCJs to penalize her for disability-related delays. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding it untimely and unsupported by sufficient evidence. Hannan failed to provide timely or credible witness declarations substantiating her claims of bias. The WCAB emphasized that allegations of bias require detailed factual support, which was lacking here.

WCABDisqualification PetitionAdministrative Law JudgeLien ConferenceSanctionsContinuanceADA accommodationBiasTimelinessBurden of Proof
References
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