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Case Law Database

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

Case No. ADJ552778 (LBO 0362055)

Regular

May 10, 2015

PROYLAND CAMARILLO HURTADO vs. APL LOGISTICS

The Workers' Compensation Appeals Board denied the applicant's petition for removal, which sought to continue the trial date. The applicant wished to undergo further surgery and reevaluations to assess his final disability after an industrial injury to his back and knee. The Board found that these issues could be addressed by the trial judge on the scheduled trial date, who has the discretion to continue the matter if further discovery is deemed necessary. Therefore, the applicant's request to remove the case from the trial calendar was denied.

Petition for RemovalAgreed Medical EvaluatorQualified Medical EvaluatorWCJoff calendarrevaluationsfinal disabilityindustrial injuryforklift operatordriver

References

Case No. ADJ8061042

Regular

Feb 27, 2013

GREGORY GROVER vs. COUNTY OF SACRAMENTO

This case involves a Petition for Removal filed by the County of Sacramento challenging a WCJ's order continuing a trial date. The defendant argued that discovery remained incomplete and questioned the substantiality of a QME's report. However, the parties subsequently agreed to continue the trial to a new date. Consequently, the Appeals Board dismissed the Petition for Removal as moot because the issues raised were rendered irrelevant by the new trial scheduling. The Board clarified that any discovery or evidentiary disputes should be addressed at the trial level.

Petition for RemovalWCJQMEorthopedic surgerysubstantial medical evidencemootdiscoveryDeclaration of Readiness to ProceedcontinuanceAppeals Board

References

Case No. ADJ4257489 (VNO 0545109) ADJ1819339 (VNO 0545111)

Regular

Apr 27, 2009

LUZ GALARZA vs. ADECCO EMPLOYMENT SERVICES, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA IN CARE OF BROADSPIRE SERVICES, INC.

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration and denied their Petition for Removal. The defendant sought these actions after the Administrative Law Judge (WCJ) continued the trial to await a Panel Qualified Medical Evaluator (Panel QME) chiropractic report. The defendant argued prejudice and due process violations regarding a psychiatric evaluation, but the Board found no final order was issued and no substantial prejudice warranted removal. The Board affirmed the WCJ's interlocutory procedural order allowing discovery to continue and found no error in the continuation of the trial.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPanel Qualified Medical EvaluatorChiropracticsPsychiatric EvaluationInterlocutory Procedural OrdersSubstantive Right or LiabilityExtraordinary RemedySubstantial Prejudice

References

Case No. ADJ736188 (GOL 0099658)

Regular

Sep 22, 2017

Deanna Power vs. St. John's Regional Medical Center, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns Deanna Power's claim for continued medical treatment, specifically prescription medications Xyrem and Lunesta, for a previous industrial injury. The employer denied authorization for these medications through Utilization Review (UR), and the applicant's subsequent Independent Medical Review (IMR) application was deemed untimely. The trial judge initially ordered continued treatment and directed the Administrative Director to process the IMR appeal, finding it timely. However, the Appeals Board granted reconsideration, finding the trial judge lacked jurisdiction to order treatment when a timely UR decision was issued and the applicant's sole recourse was the IMR process. The matter was returned to the trial level for a determination solely on the timeliness of the IMR appeal, not the medical necessity of the medications.

WCABPetition for ReconsiderationFindings of Fact and AwardXyremLunestaIndependent Medical ReviewIMRUtilization ReviewURprescription medications

References

Case No. ADJ7719607

Regular

Jul 27, 2012

STEVE WEDDLE vs. CITY OF PASADENA

The Appeals Board granted the defendant's Petition for Removal, rescinding the judge's order to take the case off calendar. The applicant's attorney declared readiness for trial and completed discovery, then unsuccessfully sought to continue the trial to develop the record. The Board found the judge abused discretion by ordering further discovery without trial or evidence submission. The case is returned for trial, with the judge retaining discretion to order record development post-trial if necessary.

Petition for RemovalOff Calendar OrderMandatory Settlement ConferenceDeclaration of Readiness to ProceedDiscovery ClosureMedical Record DevelopmentAgreed Medical EvaluatorMcDuffie v. Los Angeles Metropolitan Transit AuthorityWCJ DiscretionTrial Readiness

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. ADJ6762403

Regular

Jan 07, 2013

THEODORE PERLL vs. CARDINALE AUTOMOTIVE GROUP, ULICO CASUALTY COMPANY

The Appeals Board denied the applicant's Petition for Removal, upholding the WCJ's order to continue the case to trial. The applicant sought to rescind the trial date, arguing that an MRI of his knee, ordered by his treating physician, might reveal the need for further surgery and that proceeding to trial would prevent him from presenting current medical information. The Board found that by the trial date, the applicant would have the MRI results and any resulting surgical recommendations, allowing the trial judge to assess whether to proceed. The applicant failed to demonstrate substantial prejudice or irreparable harm, making reconsideration an adequate remedy.

Petition for RemovalWorkers' Compensation Appeals BoardQualified Medical EvaluatorDeclaration of Readiness to ProceedMandatory Settlement ConferenceTemporary Disability BenefitsPermanent and StationaryFurther SurgeryIndustrial InjuryWCJ

References

Case No. ADJ7348039

Regular

Apr 16, 2013

VIRGINIA DE LA ROSA vs. WARNER BROTHERS ENTERTAINMENT, INC.

In this workers' compensation case, the defendant filed a Petition for Removal seeking to rescind a notice requiring a claims examiner to appear at trial with a complete file. However, the trial date of March 5, 2013, has passed, and the trial was continued to April 8, 2013, with the outcome of that proceeding unknown. Therefore, the Appeals Board found the petition moot as it pertains to the now-past trial date. Consequently, the Petition for Removal was dismissed.

Petition for RemovalAppeals BoardRescind Notice to AppealClaims ExaminerMariam LevarioTrial DateMootDismissedVan Nuys District OfficeWorkers' Compensation Appeals Board

References

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Updated Daily

Case Law Database

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

Case No. ADJ552778 (LBO 0362055)

Regular

May 10, 2015

PROYLAND CAMARILLO HURTADO vs. APL LOGISTICS

Petition for RemovalAgreed Medical EvaluatorQualified Medical EvaluatorWCJoff calendarrevaluationsfinal disabilityindustrial injuryforklift operatordriver

References

Case No. ADJ8061042

Regular

Feb 27, 2013

GREGORY GROVER vs. COUNTY OF SACRAMENTO

Petition for RemovalWCJQMEorthopedic surgerysubstantial medical evidencemootdiscoveryDeclaration of Readiness to ProceedcontinuanceAppeals Board

References

Case No. ADJ4257489 (VNO 0545109) ADJ1819339 (VNO 0545111)

Regular

Apr 27, 2009

LUZ GALARZA vs. ADECCO EMPLOYMENT SERVICES, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA IN CARE OF BROADSPIRE SERVICES, INC.

References

Case No. ADJ736188 (GOL 0099658)

Regular

Sep 22, 2017

Deanna Power vs. St. John's Regional Medical Center, SEDGWICK CLAIMS MANAGEMENT SERVICES

WCABPetition for ReconsiderationFindings of Fact and AwardXyremLunestaIndependent Medical ReviewIMRUtilization ReviewURprescription medications

References

Case No. ADJ7719607

Regular

Jul 27, 2012

STEVE WEDDLE vs. CITY OF PASADENA

References

Case No. ADJ9614666, ADJ9614653

Regular

Jan 27, 2016

MARK JERUE vs. TEKSYSTEMS, ACE AMERICAN INSURANCE

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

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

Petition for RemovalSubstitution of AttorneyLien ConferenceContinuanceWCJ OrderFindings and AwardIndustrial InjuryPermanent DisabilityAdelson Testan Brundo JimenezLaughlin Falbo Levy Moresi

References

Case No. ADJ6762403

Regular

Jan 07, 2013

THEODORE PERLL vs. CARDINALE AUTOMOTIVE GROUP, ULICO CASUALTY COMPANY

References

Case No. ADJ7348039

Regular

Apr 16, 2013

VIRGINIA DE LA ROSA vs. WARNER BROTHERS ENTERTAINMENT, INC.

Petition for RemovalAppeals BoardRescind Notice to AppealClaims ExaminerMariam LevarioTrial DateMootDismissedVan Nuys District OfficeWorkers' Compensation Appeals Board

References

Showing 1-10 of 4,334 results

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