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

Case No. ADJ8565377; ADJ8565379 ADJ8550223
Regular
May 25, 2016

MELANI LOPEZ vs. EMPIRE TRANSPORTATION, INC., NATIONAL INTERSTATE INSURANCE

In this workers' compensation case, the defendant sought removal of a trial setting order due to the applicant's defective Declaration of Readiness to Proceed. The defendant argued the DOR failed to detail good faith dispute resolution efforts and improperly claimed all discovery was complete while raising discovery as an issue. The Appeals Board granted removal to limit the trial scope. Consequently, the trial is now exclusively focused on whether the applicant sustained a work-related injury, deferring all other issues.

Petition for RemovalDeclaration of Readiness to Proceed (DOR)defective DORgood faith effortsdiscoveryscope of trialinjury arising out of and occurring in the course of employmentdeferred issuestrial levelWCJ Report and Recommendation
References
Case No. ADJ7756785
Regular
Nov 02, 2013

MAHIN BARAB vs. MACY'S LOGISTICS AND OPERATIONS

This case involves Macy's seeking removal of a trial setting order due to a defective Declaration of Readiness (DOR). Macy's argued the DOR was improperly served and failed to provide for a medical evaluation under Labor Code section 4061(i). The Workers' Compensation Appeals Board (WCAB) granted the removal petition, rescinded the trial setting, and returned the case to the trial level. The WCAB adopted the WCJ's report, which agreed with Macy's contentions regarding the defective DOR and lack of proper service.

Petition for RemovalDeclaration of Readinessdefective DORLabor Code section 4061(i)service requirementsMinute Orderrescindedtrial levelWorkers' Compensation Appeals BoardWCJ
References
Case No. ADJ1003498
Regular
Dec 14, 2010

NURIA MONTEPEQUE vs. HOLLYWOOD RENAISSANCE HOTEL, MARRIOTT HOT SPRINGS

The Appeals Board dismissed the defendant's Petition for Disqualification as it failed to meet statutory requirements. However, the Board granted the defendant's Petition for Removal, rescinding the WCJ's order taking the case off calendar. This decision was based on the defendant's DOR being adequate in context and the lengthy procedural history without a clear interest in settlement from either party. The case is returned to the trial level for a trial setting.

Petition for RemovalPetition for DisqualificationWCJDeclaration of Readiness to ProceedDORMandatory Settlement ConferenceMSCPretrial Conference StatementPermanent and Stationary reportRebuttal report
References
Case No. ADJ9913035
Regular
Sep 20, 2019

CLAUDIA KNIGHT vs. TRIDENT USA HEALTH SERVICES, AMERICAN CASUALTY COMPANY OF READING, PA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to award applicant's attorney a 15% fee on a lump sum temporary disability (TD) payment. The WCAB found that the employer's carrier received notice of the attorney's request to withhold fees from the TD payment, despite a dispute over fax receipt. By failing to withhold the requested fees, the defendant became liable for an additional attorney's fee of $4,835.88. This decision overturns the prior administrative law judge's denial of the fee.

Workers' Compensation Appeals BoardReconsiderationAttorney's FeesTemporary DisabilityLump Sum PaymentQualified Medical Examiner (PQME)Declaration of Readiness (DOR)Objection to DORFaxNotice of Lien
References
Case No. ADJ2753128 (VNO 0558451)
Regular
Sep 01, 2012

FARAMARZ MORVARI vs. SECURITAS SECURITY SERVICES, BROADSPIRE SERVICES

This case involves a defendant's request for removal concerning an order setting a trial after a mandatory settlement conference. The defendant argues the trial should not have been set because the applicant's participation in settlement negotiations and his Declaration of Readiness to Proceed (DOR) were not in good faith, hindering essential discovery. The Appeals Board granted removal, finding the applicant's DOR was legally defective for failing to specify good faith settlement efforts. Consequently, the trial order was rescinded, and the case was taken off calendar.

Petition for RemovalDeclaration of Readiness to Proceed (DOR)Mandatory Settlement Conference (MSC)Workers' Compensation Appeals Board (WCAB)Panel Qualified Medical Examiner (QME)Jens DimmickM.D.Good Faith EffortDiscoveryOff Calendar
References
Case No. ADJ7604114; ADJ7607366
Regular
Nov 01, 2013

JOSE REYES VARGAS vs. CRUNCH METALS; HARTFORD

The Appeals Board granted applicant's Petition for Removal, rescinding the WCJ's order continuing the matters to trial. The Board found the defendant's Declaration of Readiness to Proceed (DOR) defective for failing to specify any principal issues, thereby hindering the applicant's trial preparation. Furthermore, there was no record of a required Pretrial Conference Statement, and no evidence of applicant's lack of diligence. Consequently, the case was taken off calendar.

Petition for RemovalDeclaration of Readiness to ProceedMandatory Settlement ConferenceQualified Medical EvaluatorPretrial Conference StatementLabor Code section 5502(d)(3)Court Administrator Rule 10250(d)Industrial InjuryCumulative TraumaSpinal Injury
References
Case No. ADJ7233668 ADJ7233692 ADJ7941780
Regular
Sep 23, 2014

WALTER MENJIVAR (DECEASED) vs. ABLE BODY LABOR, BROADSPIRE

In *Menjivar (Deceased) v. Able Body Labor; Broadspire*, the Workers' Compensation Appeals Board denied a Petition for Removal. The applicant sought to remove the cases from trial, arguing that an Agreed Medical Evaluator's report indicated a need for psychiatric expertise and that defendants' Declaration of Readiness to Proceed was defective. The Board adopted the WCJ's report, finding that any objections to the DOR were waived due to untimeliness, and that the applicant had prior opportunities to address discovery issues. Defense counsel was also admonished for failing to include her state bar number.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportDEIDRA E. LOWEKATHERINE ZALEWSKIMandatory Settlement ConferenceDeclaration of Readiness to ProceedDOR defectsinformal resolutionpsychiatrist opinion
References
Case No. ADJ7394744
Regular
Apr 17, 2014

LETICIA FINLEY vs. ENTERPRISES LOS ANGELES, TRAVELERS INSURANCE

The Appeals Board granted the applicant's Petition for Removal, finding she would suffer prejudice if forced to trial on issues beyond a QME dispute. Applicant had requested a hearing solely on the validity of a QME report and her request for a replacement panel. Despite her explicit DOR, the case was improperly set for trial on all issues before discovery was complete. The Board amended the prior order to limit the trial to the QME dispute.

Petition for RemovalQualified Medical Evaluator (QME)Declaration of Readiness to Proceed (DOR)Mandatory Settlement Conference (MSC)Pretrial Conference StatementLabor Code section 5502(d)industrial injurytemporarily totally disabledlumbar surgeryorthopedic PQME
References
Case No. ADJ11991353
Regular
Mar 30, 2020

TEOFILA DICKERSON vs. ALBERTSONS HOLDINGS

The Appeals Board dismissed the applicant's Petition for Removal, finding it moot. While the WCJ erred by not addressing the medical treatment issue at the expedited hearing, a subsequent Findings and Award was issued without challenge. This award determined temporary disability, rendering the prior dispute regarding treatment resolution moot for now. The Board advises filing a new DOR if disputes arise, as the WCJ must address all issues presented.

Petition for RemovalPrimary Treating PhysicianExpedited HearingMedical TreatmentFindings and AwardTemporary DisabilityDeclaration of Readiness to Proceed (DOR)MootLabor Code section 5313Appeals Board en banc
References
Case No. ADJ7104046
Regular
May 17, 2011

TOMMIE WRIGHT vs. SUPREME COURT OF CALIFORNIA, CORVEL CORPORATION, INC.

In this workers' compensation case, the defendant petitioned for removal, arguing the trial should not proceed due to issues with the Agreed Medical Evaluator's (AME) review and deposition scheduling, as well as the applicant's failure to raise the injury AOE/COE in her declaration of readiness. The Appeals Board granted the petition, finding the applicant's omission of AOE/COE from her DOR problematic. Consequently, the Board redesignated the scheduled trial as a mandatory settlement conference to allow for further resolution, especially after the AME provided a supplemental report.

Petition for RemovalAgreed Medical Evaluator (AME)Declaration of Readiness to Proceed (DOR)Mandatory Settlement Conference (MSC)Injury Arising Out of and Occurring in the Course of Employment (AOE/COE)Supplemental ReportDepositionPretrial Conference StatementWorkers' Compensation Administrative Law Judge (WCJ)Workers' Compensation Appeals Board (WCAB)
References
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