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

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 The Workers' Compensation Appeals Board (WCAB) granted the removal petition, rescinded the trial setting, and returned the case to the trial level.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
0
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 Consequently, the trial order was rescinded, and the case was taken off calendar.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
0
Case No. ADJ2065496 (LAO 0777249) ADJ4050189 (LAO 0774705)
Regular
Jan 21, 2010

MIGUEL RODRIGUEZ vs. RALPHS GROCERY COMPANY/FOOD 4 LESS, Permissibly Self-Insured, Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

In this case, the defendant appealed a Rehabilitation Unit Determination, but their appeal was deemed untimely and improper by the WCJ. The defendant argued that filing a Declaration of Readiness (DOR) with their petition was not required and that the governing WCAB Rule was invalid. The Appeals Board affirmed the WCJ's decision, holding that the defendant's appeal was indeed untimely and improper under the then-current WCAB Rule 10955, which mandated the filing of a DOR for such appeals. The Board also upheld the validity of WCAB Rule 10955, confirming the Board's authority to establish procedural rules.

Rehabilitation UnitDeclaration of ReadinessWCAB Rule 10955Labor Code section 4645Petition for ReconsiderationFindings of Factuntimely appealadministrative law judgeWorkers' Compensation Appeals BoardRalphs Grocery Company
References
1
Case No. ADJ14242832
Regular
Mar 07, 2025

EHAB GUIRGUIS vs. CIRCLE K/76 GAS STATION, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA

Defendant sought removal of an Order issued by a workers' compensation administrative law judge (WCJ) setting the matter for trial. Defendant objected to applicant's Declaration of Readiness to Proceed (DOR) as defective due to a failure to list good faith efforts for resolution and incomplete discovery regarding a vocational rehabilitation report. The Workers' Compensation Appeals Board (WCAB) reviewed the petition, the applicant's answer, and the WCJ's report. The WCAB granted the Petition for Removal, rescinded the WCJ's order, and returned the matter for further proceedings to allow for proper development of the record and address the defendant's objections to the DOR and discovery issues, emphasizing the right to due process and a fair hearing.

Petition for RemovalDeclaration of Readiness to ProceedWCJ ObjectionGood Faith EffortsDiscoveryVocational Rehabilitation ReportDue ProcessFair HearingRescind OrderReturn to Trial Level
References
8
Case No. ADJ15951486, ADJ15951487
Regular
Aug 25, 2025

JEFF CRAIL vs. AMTRUST NORTH AMERICA, HARTFORD FIRE INSURANCE COMPANY

The defendant, Amtrust North America and Hartford Fire Insurance Company, filed a Petition for Reconsideration of a Joint Findings of Fact and Orders (F&O) issued on May 20, 2025. The F&O had ordered the replacement of Panel Qualified Medical Examiner (PQME) Dr. Wiseman due to his failure to properly serve his report. The defendant argued that the court improperly interpreted Administrative Director Rule 31.5(a)(12) and that a Declaration of Readiness (DOR) does not constitute both an objection and a request for a replacement panel. The Appeals Board denied the Petition for Reconsideration, affirming the WCJ's decision to replace Dr. Wiseman. The Board's decision cited its en banc ruling in Vazquez v. Inocensio Renteria, reinforcing that a QME's failure to timely issue and serve a report, and engaging in ex parte communication by serving only one party, grants a party the right to seek replacement. The Board also emphasized the informal nature of pleadings in workers' compensation proceedings, as established in Perez v. Chicago Dogs, when addressing the applicant's DOR.

PQMEPetition for ReconsiderationJoint Findings of Fact and OrdersAdministrative Director RuleDeclaration of ReadinessIrreparable HarmMandatory Settlement ConferenceOncology PanelQualified Medical ExaminerProof of Service
References
14
Case No. ADJ7259699
Regular
Jan 27, 2012

ROGELIO JURADO vs. CARTER FENCE CO., INC.

The Appeals Board denied Carter Fence's petition for removal because the objection to the declaration of readiness to proceed was untimely. Carter Fence failed to demonstrate substantial prejudice or irreparable harm from the WCJ's decision to keep the matter off calendar. The Board noted it's an extraordinary remedy, requiring more than mere disagreement. Furthermore, it was unclear if the employer's counsel had the authority to file the DOR for all listed issues.

Petition for RemovalDeclaration of Readiness to ProceedSerious and Willful MisconductLabor Code section 132aUntimely ObjectionJudicial EconomySubstantial PrejudiceIrreparable HarmWorkers' Compensation Appeals BoardWCJ
References
2
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
1
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
0
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
1
Case No. ADJ3466637
Regular
May 11, 2011

FRANK PONCE vs. OVERNIGHT TRANSPORTATION CO., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal due to improper service of the applicant's Declaration of Readiness to Proceed (DOR) and lack of notice regarding issues raised at an expedited hearing. The Board rescinded the order requiring witness appearances at the July 7, 2011 trial. The case is returned to the trial level to be set for a Mandatory Settlement Conference (MSC) before the scheduled trial.

Petition for RemovalDeclaration of Readiness to ProceedMandatory Settlement Conferenceexpedited hearingwitness appearanceService of ProcessWorkers' Compensation Appeals BoardWCJIndustrial InjuryFuture Medical Treatment
References
0
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