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

Case No. ADJ1273904 (MON 0236591) ADJ164684 (MON 0236590)
Regular
Feb 05, 2020

BETTY BAUER vs. RIP GRIFFIN, CIGA on behalf of HOME INSURANCE COMPANY, in liquidation

This Workers' Compensation Appeals Board (WCAB) decision dismisses a lien claimant's Petition for Removal. The petition was filed after the administrative law judge (WCJ) scheduled trial and denied a continuance request. However, the WCJ subsequently issued an order continuing the matter, rendering the Petition for Removal automatically dismissed. Consequently, the WCAB will not consider the lien claimant's supplemental pleading request.

Petition for RemovalWCJlien claimantautomatically dismissedsupplemental pleadingWorkers' Compensation Appeals BoardCIGAliquidationadministrative law judgetrial
References
Case No. ADJ2656335 (VNO 0467107)
Regular
Jul 31, 2014

WENDY ADAMSON vs. DESIGNING HEALTH INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION/AMERICAN COMMERCIAL

In this workers' compensation case, the defendant sought to remove an order requiring the applicant to undergo a medical-legal examination by Dr. Levine regarding chronic pain versus fibromyalgia. The defendant argued the Administrative Law Judge (ALJ) exceeded her authority under Labor Code section 5701. The Appeals Board denied the petition, finding the examination was properly ordered under section 4062(a) and not section 5701. The Board emphasized the matter's advanced age (thirteen years post-injury) and instructed that no further continuances would be permitted after the examination and potential rebuttal.

Petition for RemovalMedical-legal examinationLabor Code section 5701Labor Code section 4062(a)Agreed Medical EvaluatorChronic painFibromyalgiaIndustrial injuryWCJAppeals Board
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. 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. ADJ3875296 (SRO 0140946)
Regular
Sep 28, 2009

Corey Murphy vs. BLUE MOUNTAIN AIR, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns whether employer salary continuation payments count towards the two-year temporary disability cap under Labor Code section 4656(c). The Appeals Board granted reconsideration because the record was incomplete regarding the nature of the salary continuation. Specifically, the Board requires further development of evidence to determine if these payments were made under a collective bargaining agreement or formal company policy. The matter is returned to the trial level for these determinations and a new decision.

Temporary DisabilityLabor Code section 4656(c)Salary ContinuationPetition for ReconsiderationFindings and AwardIndustrial InjuryStaph InfectionRight Lower ExtremityCollective Bargaining AgreementFormal Company Policy
References
Case No. ADJ3214364 (LBO 0326787)
Regular
Jun 04, 2014

PERNANDO VILLEGAS vs. WOODS EQUIPMENT COMPANY, ST. PAUL INSURANCE CO., FREMONT INDEMNITY CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

In this workers' compensation case, lien claimant David S. Nicol, D.C. petitioned for removal, challenging a WCJ's order to continue the matter to a lien conference and appear personally. However, the parties subsequently filed a Pretrial Conference Statement and the case was continued to a lien trial, with Nicol failing to appear. As Nicol did not object to venue or the order for his appearance at the time, his petition for removal is now moot. The Appeals Board dismissed the petition as moot because the issues raised had been resolved or waived.

Petition for RemovalLien claimantWorkers' Compensation Appeals BoardWCJLien conferenceLien trialVenueMootDismissedPretrial Conference Statement
References
Case No. ADJ2292703 (LAO 0888546)
Regular
Jan 18, 2011

JOHNNY McLAURIN vs. SOUTHERN CALIFORNIA EDISON, PERMISSIBLY SELF-INSURED

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior Findings and Award, and returned the case to the trial level for further proceedings. The Board found that the WCJ erred by relying on the treating physician's report without ensuring it was based on substantial evidence, as it did not review all relevant records. Additionally, the Board found that the issue of temporary disability and attorney's fees was improperly awarded without considering the applicant's wage continuation payments. The matter is remanded for the treating physician to review all evidence and for further proceedings regarding compensability and potential credit for wage continuation.

Cumulative traumaAOE/COEFindings and AwardPetition for ReconsiderationLabor Code sections 4060(c)4062.2substantial medical evidencetemporary total disabilityattorney's feeswage loss
References
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. ADJ9411508
Regular
Dec 02, 2018

JUAN FRANCO SANDOVAL vs. TUTTLE FAMILY ENTERPRISES dba PEERLESS BUILDING, TRAVELERS PROPERTY CASUALTY COMPANY

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration. The Board found that the lien claimant's failure to appear at trial and its inadequate attempts to secure a continuance were due to excusable neglect stemming from the hospitalization of its CEO. Consequently, the prior order disallowing the lien was rescinded. The matter has been returned to the trial level for further proceedings.

Lien ClaimantPetition for ReconsiderationFindings and OrderWorkers' Compensation Appeals BoardAdministrative Law JudgeContinuanceExcusable NeglectMedical EmergencyE-filing ProceduresSanctions
References
Case No. ADJ3097538 (SFO 0446365) ADJ2535723 (SFO 0482694)
Regular
Oct 13, 2009

YOLANDA ORTIZ vs. UCSF STANFORD HEALTH CARE, CIGA, RELIANCE NATIONAL INSURANCE, INTERCARE HOLDINGS INSURANCE SERVICES INC.

The WCAB affirmed the WCJ's decision, amending it to clarify that VRMA continues until applicant meets with a QRR. The court addressed the effect of the repeal of Labor Code section 139.5 on applicant's vocational rehabilitation benefits.

CIGAVocational Rehabilitation Maintenance AllowanceRehabilitation UnitVesting of RightsLabor Code Section 139.5Timeliness of AppealFinal DeterminationQualified Rehabilitation RepresentativeInchoate RightsStatutory Repeal
References
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