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

Case No. ADJ7390790
Regular
Mar 18, 2013

PAUL MORENO vs. CALIFORNIA PAVEMENT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Paul Moreno's Petition for Removal. The Board found the petition moot because the underlying matter's hearing was continued on February 26, 2013, without discovery closure. Therefore, the removal of the January 2, 2013 decision is no longer relevant.

Petition for Removalmootcontinuedclosure of discoveryWorkers' Compensation Appeals BoarddismissaltrialhearingADJ7390790Pomona District Office
References
Case No. ADJ20858483, ADJ20601502
Regular
Oct 21, 2025

JORGE LUIS MARTINEZ vs. AUGUSTINE SPECIALTY FINISHING, OMAHA NATIONAL INSURANCE COMPANY

Applicant Jorje Luis Martinez filed a Petition for Removal to challenge a WCJ's decision to continue an expedited hearing. The defendants filed an Answer, and the WCJ recommended denying the petition. However, before the Board could rule, the parties reached an agreement for a joint continuance with a discovery plan, rendering the Petition for Removal moot. Consequently, the Workers' Compensation Appeals Board dismissed the petition, admonishing applicant's attorney, Susan Garrett, for failing to withdraw the moot petition and wasting judicial resources, while reserving the issue of sanctions for potential future misconduct.

Petition for Removalmootcontinuanceexpedited hearingregular trial datesanctionsbad faithfrivolous tacticsjudicial resourceswithdrawal of petition
References
Case No. ADJ 7941996
Regular
Apr 26, 2016

ROBERTO ALVAREZ vs. LINK STAFFING, INC., ARCH INSURANCE COMPANY

This case concerns a disputed lien dismissal where the lien claimant's representative allegedly falsified hearing minutes to obtain the rescission of a dismissal order. The Appeals Board dismissed the employer's petition for reconsideration because the rescission order was not a final decision. However, the Board granted removal due to serious allegations of misconduct, remanding the case to the WCJ for an evidentiary hearing on whether the representative appeared, tampered with records, or made false statements. The WCJ is also tasked with making findings and recommendations on potential sanctions under Labor Code section 5813.

Workers' Compensation Appeals BoardReconsiderationLien DismissalPetition for ReconsiderationPetition for RemovalMinutes of HearingFraudMisconductSanctionsLabor Code Section 5813
References
Case No. Misc. No. 254
Significant
Jan 20, 2012

vs. Daniel Escamilla

The Workers' Compensation Appeals Board (WCAB) dismisses a petition for change of venue, denies a request for a stay, but grants a petition for removal. The Board affirms the order relieving the petitioner's counsel, continues the hearing, and sets a new pre-hearing conference schedule to allow the petitioner a final opportunity to obtain new counsel and prepare his case.

Petition for RemovalPetition for Change of VenueWorkers' Compensation Appeals BoardWCJRelief of CounselDue ProcessQuasi-Criminal ProceedingDelegation of AuthorityOffer of ProofSuspension or Removal of Privilege
References
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. ADJ11235958
Regular
Jul 25, 2018

Scot Turknette vs. COUNTY OF SAN BERNARDINO

The Appeals Board granted removal of this workers' compensation case, rescinding the expedited hearing's cancellation. The applicant, a potential firefighter, sought an expedited hearing on entitlement to Labor Code section 4850 salary continuation benefits, which would provide full salary for up to one year, exceeding temporary and permanent disability payments. The Board found that denial of an expedited hearing for these benefits, which are paid in lieu of temporary disability, would cause significant prejudice and harm. The case is remanded for an expedited hearing on the applicant's section 4850 benefit claim.

Labor Code section 4850salary continuation benefitsfirefighter classificationexpedited hearingPetition for Removalsignificant prejudiceirreparable harmtemporary disability indemnityPresiding WCJMMI status
References
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. VNO 0509254
Regular
Apr 17, 2008

CAROL LEVENSON vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES, STATE COMPENSATION INSURANCE FUND

This case involves a claim for bilateral hearing loss and tinnitus allegedly caused by noise exposure during firearms training. The Appeals Board found the opinion of the Agreed Medical Evaluator, Dr. Grossan, to be substantial evidence, concluding that the applicant's conditions were not work-related. Consequently, the Board denied the applicant's claim for hearing loss and tinnitus, awarding only reimbursement for medical-legal liens.

Workers' Compensation Appeals BoardRemovalTemporary DisabilityFindings and AwardLicensing Program AnalystBilateral Hearing LossFirearms TrainingShooting RangeTinnitusQualified Medical Evaluator (QME)
References
Case No. ADJ2574910 (ANA 0328189)
Regular
Apr 12, 2017

MARIO MANRIQUEZ, JR. vs. JAMES LINEBACK M.D., STATE COMPENSATION INSURANCE FUND, and BREDFELDT, CORSON & ODUKOYA; ACCLAMATION INSURANCE MANAGEMENT SERVICES, FARMINGTON CASUALTY COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because the order at issue was not a final determination of substantive rights. However, the Board granted the applicant's petition for removal and rescinded the WCJ's order denying a continuance of an expedited hearing. This decision was based on the WCJ's own report recommending rescission. The Board also declined to sanction the defendant or order reassignment at this time.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalExpedited HearingContinuanceOrder Denying RequestRescinded OrderFinal OrderSubstantive RightLiability
References
Case No. ADJ11361823 ADJ11362378
Regular
Aug 02, 2019

ELLIE OLIVER-HORIST vs. WESCOM CREDIT UNION, FEDERAL INSURANCE COMPANY, CHUBB GROUP

The Appeals Board granted reconsideration and rescinded the WCJ's Findings and Order finding no injury AOE/COE. The applicant, who was unrepresented at the time of the original trial, claimed she missed it due to recovery from heart surgery and alleged her former attorney's misconduct. The Board determined that, based on the WCJ's statement that a continuance would have been granted if aware of the applicant's medical condition, a fair hearing was not afforded. The case is returned for further proceedings, allowing the applicant to present her case.

Petition for ReconsiderationJoint Findings and OrderWorkers' Compensation Appeals BoardAOE/COEcontinuancefiduciary dutiesdue processfair hearingheart surgerypro per
References
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