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

Case No. ADJ2041648 (SDO 0319858) ADJ2762432 (SDO 0319859) ADJ772603 (SDO 0319860)
Regular

STACIE L. NELDAUGHTER vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied the County of San Diego's petition for removal. The County sought to rescind a six-month continuance granted for the applicant, alleging prejudice and discovery abuses, but failed to demonstrate significant harm. The Board found the County's arguments insufficient to justify removal and returned the cases to the trial level. The PWCJ is to schedule a status conference after January 26, 2010, to determine if further continuance is warranted based on a "clear showing of good cause."

Petition for RemovalOrder Granting ContinuancePrejudiceIrreparable HarmADA AccommodationDisability CoordinatorContinued HearingStatus ConferenceMandatory Settlement ConferenceDiscovery Abuses
References
Case No. ADJ11706407
Regular
Apr 15, 2025

Matthew Hatchette vs. Oakland Raiders, TIG/Fairmont Premier Insurance Company, Jacksonville Jaguars, ACE American Insurance Company, New York Jets, USF&G, Chubb, Pacific Employers Insurance

This case concerns Matthew Hatchette, a former professional football player, and his claims of continuous trauma injuries against multiple NFL teams and their insurers. Defendant Jacksonville Jaguars filed a Petition for Reconsideration challenging the Workers' Compensation Administrative Law Judge's (WCJ) findings regarding jurisdiction and the applicability of res judicata. The Workers' Compensation Appeals Board (WCAB) granted the petition to conduct a thorough review of the factual and legal issues, thereby deferring a final decision on the merits. The Board's decision also addressed the timeliness of the petition under the recently amended Labor Code section 5909.

Workers' Compensation Appeals BoardMatthew HatchetteOakland RaidersJacksonville JaguarsNew York JetsTIG/Fairmont Premier Insurance CompanyChubbUSF&GGallagher Bassett ServicesZenith Insurance Company
References
Case No. ADJ2073136 (LAO 0859208)
Regular
Dec 27, 2017

J ACQUELINE STELLY vs. VERIZON COMMUNICATIONS, AMERICAN HOME ASSURANCE, administered by SEDGWICK CLAIMS SERVICES, INC.

The applicant, Jacqueline Stelly, filed a Petition for Removal and an objection to a trial setting. Subsequently, at the scheduled hearing, both parties jointly requested and were granted a continuance. As a result of this continuance, the applicant's Petition for Removal became moot. Therefore, the Workers' Compensation Appeals Board dismissed the Petition for Removal.

Petition for RemovalDismissedMootContinuanceObjection to Trial SettingWorkers' Compensation Appeals BoardADJ2073136LAO 0859208Pomona District OfficeVerizon Communications
References
Case No. GRO 0029923
Regular
Jun 23, 2008

MYCAH DILBECK vs. DAIRY CREEK GOLF COURSE RESTAURANT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied an applicant's petitions for disqualification and removal of the assigned judge. The applicant sought a new judge and a continuance, but the Board found the disqualification petition untimely and lacked evidence of bias. The Board also denied the removal petition, citing no prior request for continuance and sufficient time for the applicant to review case files.

WCABdisqualificationremovalpetitioncontinuancetimelyWCJmandatory settlement conferencepretrial conference statementLabor Code section 5502(e)(3)
References
Case No. SFO 0492030
Regular
Jul 05, 2007

PATRICIA MIRANDA vs. EQUITY OFFICE PROPERTIES TRUST, AMERICAN HOME ASSURANCE CO., GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied a petition for removal filed by Equity Office Properties Trust. The defendant sought to rescind an order continuing the case and allowing applicant discovery, arguing irreparable harm from further costs and delays. The Board found no substantial prejudice or irreparable harm to the defendant, adopting the WCJ's reasoning for the continuance to obtain a qualified medical evaluator report.

Petition for RemovalWorkers' Compensation Appeals BoardQualified Medical EvaluatorDeclaration of Readiness to ProceedMandatory Settlement ConferenceContinuanceDiscoveryIrreparable HarmWCAB Rule 10416WCJ Report and Recommendation
References
Case No. ADJ9614666, ADJ9614653
Regular
Jan 27, 2016

MARK JERUE vs. TEKSYSTEMS, ACE AMERICAN INSURANCE

The Appeals Board affirmed the WCJ's finding of industrial injury for the applicant's left forearm, knees, and back, as well as the award of temporary disability. The Board dismissed the defendant's petition for removal and rejected claims of error regarding industrial causation and the denial of a trial continuance. The Board found the defendant failed to demonstrate good cause for excluding evidence or continuing the trial, and also admonished the defendant's attorney for procedural missteps.

AOE/COEtemporary disabilityindustrial causationsubstantial evidencedue processmandatory settlement conferencediscovery closuregood causecontinuanceremoval
References
Case No. ADJ7537695
Regular
Aug 21, 2013

NANCY MORIN vs. CITY OF STOCKTON, CORVEL CORPORATION

In this workers' compensation case, the employer (Defendant) petitioned for removal to challenge a continuance granted by the WCJ. The WCJ continued the trial because the applicant disclosed a pending industrial disability retirement application with PERS. The Appeals Board denied the petition, finding the employer failed to demonstrate substantial prejudice or irreparable harm. While the Board encouraged an earlier trial if possible, the pending PERS application alone was not considered sufficient good cause for removal.

Petition for RemovalPERSIndustrial Disability RetirementWCJContinuanceGood CauseExpedient ProceedingsSubstantial PrejudiceIrreparable HarmPolice Officer
References
Case No. ADJ4502386 (ANA 0329574)
Regular
Jul 02, 2012

MARTINA GONZALEZ vs. ST. JOHN KNITS, INC., ARGONAUT INSURANCE COMPANY

The WCAB denied a petition for removal seeking to overturn an order denying a continuance of a lien conference. The defendant's new counsel requested the continuance due to the pending substitution of attorneys, but the WCJ denied it, citing the importance of court-set calendars. While the majority found no significant prejudice given the extended discovery period and flexibility at trial, a dissenting opinion argued the defendant was prejudiced by being denied a meaningful lien conference to resolve issues before trial.

Petition for RemovalSubstitution of AttorneyLien ConferenceContinuanceWCJ OrderFindings and AwardIndustrial InjuryPermanent DisabilityAdelson Testan Brundo JimenezLaughlin Falbo Levy Moresi
References
Case No. ADJ3778927 (SFO 0460851) ADJ334222 (OAK0285716) ADJ2101319 (SFO0437718) ADJ4065670 (OAK0285715)
Regular
Dec 21, 2010

Kimberly Roberts vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board dismissed Kimberly Roberts' petition for reconsideration because the order she appealed was a pre-trial order continuing a status conference, not a final decision. The Board also denied her petition for removal, adopting the administrative law judge's reasoning. Roberts' claims of manipulation, defamation, and misconduct were not addressed due to the procedural defect of appealing a non-final order. The appeals board upheld the judge's decision to continue the status conference.

WCABPetition for ReconsiderationPetition for RemovalAdministrative Law Judge Pro TemContinuanceStatus ConferenceTrial SettingLabor Code Section 132(a)Permanent Disability AdvancesMileage Reimbursement
References
Case No. ADJ9260071
Regular
Sep 24, 2015

ADISORN VIHONGSKUL vs. ARCTIC SLOPE REGIONAL CORPORATION, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The defendant sought to undo an order granting the applicant a continuance for a chiropractic QME evaluation and setting a status conference. The Board found the WCJ acted within his authority by granting a brief, six-week continuance to ensure proper record development. The Board concluded the defendant failed to demonstrate substantial prejudice or irreparable harm, making removal an unwarranted, extraordinary remedy.

Petition for RemovalWorkers' Compensation Appeals BoardContinuanceStatus ConferencePriority ConferenceDiscoveryIrreparable HarmSubstantial PrejudiceAdministrative Law JudgeQualified Medical Evaluation
References
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