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Case Law Database

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

Case No. ADJ4204500 (ANA 0407556)
Regular
Feb 15, 2013

JESUS DUARTE vs. AMF ANAHEIM, LLC, COMP WEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal in this case, rescinding the WCJ's prior decision and remanding it for further proceedings. The WCAB also dismissed the defendant's petition for reconsideration, noting its improper inclusion of "reconsideration" in the caption when removal was the appropriate remedy. This action was taken to maintain procedural clarity regarding the distinction between removal and reconsideration. The matter is now returned to the WCJ for a new decision.

WORKERS' COMPENSATION APPEALS BOARDRemovalWCJPetition for RemovalReconsiderationRescindedReturnedTrial levelFinal orderDecision after Removal
References
1
Case No. ADJ80340084
Regular
Apr 23, 2013

KEITH CRABTREE vs. CITY OF TURLOCK, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board decision addresses a defendant's petition for removal. The Board denied removal regarding the WCJ's continuance of trial to April 29, 2013. However, the Board granted removal and rescinded the WCJ's order compelling the defendant to produce claims adjustor Rebecca Huiras and the claims file without a subpoena. The matter is returned to the trial level for further proceedings.

RemovalWCJContinuance of trialClaims adjustorWitness productionClaims fileSubpoenaRescindedReturned to trial levelDecision after removal
References
0
Case No. ADJ7719327
Regular
Dec 03, 2013

JOSE MEJIA vs. TERRA VISTA MANAGEMENT, INC., TRAVELERS CASUALTY & SURETY COMPANY

This is an interim order by the Workers' Compensation Appeals Board (WCAB) granting a petition for removal in the case of Jose Mejia v. Terra Vista Management, Inc. The WCAB found good cause to remove the case from the trial level, adopting the Workers' Compensation Judge's (WCJ) report. The matter is now returned to the WCJ for further proceedings and a new decision. This decision is not final and parties retain the right to seek reconsideration of the WCJ's future ruling.

Petition for RemovalWorkers' Compensation Appeals BoardDecision After RemovalAdministrative Law JudgeTrial LevelFurther ProceedingsNot a Final DecisionReconsiderationTravelers Casualty & Surety CompanyTerra Vista Management
References
0
Case No. ADJ9660298
Regular
Mar 01, 2017

ZOILA DELGADO vs. EL POLLO LOCO, SAFETY NATIONAL CASUALTY CORPORATION, CORVEL CORPORATION

This case concerns a defendant's petition for removal after a Workers' Compensation Judge denied their request for a replacement Qualified Medical Examiner (QME). The defendant alleged the applicant violated Labor Code section 4062.3 by improperly sending medical records to the QME, which the parties had agreed should be withheld. The Appeals Board granted removal, finding the WCJ's decision was not based on admitted evidence and lacked an Opinion on Decision. The case is returned to the trial level for further proceedings before a new WCJ.

Petition for RemovalReplacement PQME panelLabor Code section 4062.3improperly sent medical recordsQualified Medical ExaminerWCJMinute Orderrescindedreturned to trial leveladmitted evidence
References
7
Case No. ADJ1478308 (MON 0350963) ADJ2388916 (MON 0350964)
Regular
Nov 19, 2015

GALO ALARCON vs. CFHS HOLDINGS, INC dba KERLAN-JOBE ORTHOPEDIC CLINIC, AMERICAN HOME ASSURANCE CO., administered by AIG CLAIM SERVICES, INC.

This case involves a defendant seeking removal of a Workers' Compensation Appeals Board (WCAB) order for a second Qualified Medical Evaluator (QME) panel in urology. The defendant argued the WCJ improperly issued the order before their objection was considered, violating due process. The WCAB granted removal, rescinded the order, and remanded the case for the WCJ to consider the defendant's objection and issue a new decision. This decision was based on the defendant demonstrating potential for significant prejudice and irreparable harm due to the denial of their right to be heard.

Petition for RemovalQualified Medical EvaluatorQME PanelDue ProcessWCJ DecisionAdditional QMEUrologyMedical Legal EvaluationWCAB Rule 31.7Significant Prejudice
References
3
Case No. ADJ1700022 (VNO 0558245)
Regular
Feb 07, 2014

CLARENCE GRANDY vs. TURNER FURNITURE, PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves a petition for removal challenging an administrative law judge's (WCJ) order to develop the record on psychiatric disability, chronic pain, and cervical spine injury. The defendant argued the record was sufficient for a decision and that the applicant failed to exercise due diligence in obtaining evidence for these conditions. The Appeals Board granted removal, finding no justification for further development of the record, particularly since the applicant asserted they were prepared for trial and had not sought to supplement it. The Board rescinded the WCJ's order and returned the case for decision based on the existing record.

Workers Compensation Appeals BoardPetition for RemovalOrder Vacating SubmissionOrder to Develop the Recordpsychiatric disabilitychronic paincervical spineindustrial injuryAgreed Medical Evaluatordeposition
References
1
Case No. ADJ8167175; ADJ8167184
Regular
Aug 28, 2019

SHAKEH DARZIAN vs. GMZ PHARMACY, INC., EMPLOYERS COMPENSATION INSURANCE COMPANY

The Appeals Board granted the applicant's Petition for Removal, rescinded the WCJ's April 16, 2019 Finding and Order, and returned the matter for further proceedings. Removal was granted because the applicant demonstrated potential irreparable harm and lack of due process. The WCJ's order for a replacement QME panel lacked supporting admitted evidence, violating the principle that decisions must be based on the evidentiary record. Therefore, the Appeals Board found the absence of admitted evidence regarding discovery issues and the need for a replacement panel prevented a fair and supported decision.

Petition for RemovalQualified Medical Evaluatorspsychiatry paneldue processtimely discoveryirreparable harmfair hearingadmitted evidencesubstantial evidenceWCJ Report
References
9
Case No. ADJ10749554
Regular
Nov 06, 2018

APRIL SIMMONS COOK vs. DESERT OASIS HEALTHCARE, GALLAGHER BASSETT SERVICES, INC.

This case involves a dispute over whether defendant's communication with a Qualified Medical Evaluator (QME) violated Labor Code section 4062.3. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and removal, rescinding the original Findings and Award. The WCAB will return the matter to the trial level for further proceedings and a new decision by the WCJ. This action is taken to align the decision with the recent en banc opinion in *Suon v. California Dairies* regarding violations of section 4062.3.

Workers' Compensation Appeals BoardPetition for RemovalEx Parte CommunicationLabor Code Section 4062.3Qualified Medical EvaluatorAttorney's FeesFindings and AwardEn Banc DecisionSuon v. California DairiesRescinded
References
1
Case No. ADJ14483830
Regular
May 30, 2025

SEDALIA SEARCY (GREEN) vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

Applicant, Sedalia Searcy (Green), sought removal of a WCJ's Findings and Order denying her request for a new Qualified Medical Evaluator (QME), arguing the F&O failed to address issues submitted at trial, including the disqualification of Dr. Julius Woythaler's QME reports. The Workers' Compensation Appeals Board granted the Petition for Removal. The Board rescinded the WCJ's May 20, 2022 decision and returned the matter for further proceedings and a new decision, providing extensive guidance on evaluating medical-legal evidence and compliance with Labor Code sections 5313, 5815, and 4628.

Petition for RemovalFindings and OrderQualified Medical Evaluator (QME)Labor Code Section 5313Substantial Medical EvidenceSection 4628Medical-Legal ReportingDisqualificationMedical-Legal ExpenseDue Process
References
19
Case No. ADJ13119496
Regular
Sep 29, 2025

Ariel Prudente vs. RJP Framing, Inc., Alaska National Insurance Company

Applicant Ariel Prudente sought removal of a WCJ's order to replace psychiatric Qualified Medical Evaluator (PQME) Dr. Peter Turek. The WCJ's decision stemmed from applicant's attorney providing "summaries and excerpts from the Kite decisions" to Dr. Turek, which was deemed a violation of Labor Code section 4062.3(b). The Appeals Board found that the WCJ's order lacked sufficient rationale and evidence of prejudice to justify Dr. Turek's replacement. Consequently, the Board granted the petition for removal, rescinded the WCJ's June 18, 2025 Findings and Order, and remanded the matter for further proceedings, emphasizing the need for less drastic measures than QME replacement.

PQMEPetition for RemovalLabor Code section 4062.3(b)Kite decisionsVigil v. County of KernSuon v. California DairiesMaxham v. California Department of Corrections and Rehabilitationex parte communicationsubstantial justiceAOE/COE
References
11
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