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

Case No. ADJ11997989, ADJ2534190, ADJ3372314, ADJ470082, ADJ6672465
Regular
Mar 13, 2023

JAMES VESSELS vs. CRUZ MODULAR, INC., LABOR READY, ENSTAR US, ESIS

The Workers' Compensation Appeals Board dismissed the Applicant's Petition for Reconsideration because it was untimely, having been filed significantly past the jurisdictional deadline. The Board also noted this was a successive petition, which is impermissible when the prior petition was not successful and no new grievances have arisen. The Applicant's repeated, untimely filings have led the Board to consider declaring him a vexatious litigant under Rule 10430. Therefore, the Petition for Reconsideration was dismissed in its entirety.

Petition for Reconsiderationuntimelysuccessive petitionjurisdictionalMaranian v. Workers' Comp. Appeals Bd.Rymer v. HaglerScott v. Workers' Comp. Appeals Bd.U.S. Pipe & Foundry Co. v. Industrial Acc. Com.Goodrich v. Industrial Acc. Com.Ramsey v. Workmen's Comp. Appeals Bd.
References
Case No. STK 0182326
Regular
Oct 15, 2007

MICHAEL JACKSON vs. ODWALLA, INC, ROYAL INDEMNITY, LABOR READY, LUMBERMAN'S MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Royal Indemnity's petition for removal to address a dispute over equitable reimbursement between defendants ESIS and Royal Indemnity. The core issue is determining Michael Jackson's employer status to resolve which insurer bears full liability for his injury, as the original award finding Labor Ready as the employer was rescinded. The Board rescinded the order taking the case off calendar and returned it to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalFindings and AwardOrder Taking Off CalendarLabor ReadyOdwallaIncRoyal IndemnityESISTemporary Staffing Agency
References
Case No. ADJ6951416
Regular
Apr 22, 2013

BRETTEN JOHNSON vs. ROBERTSON'S READY MIX CONCRETE

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing a lien claimant's claim for failure to pay an activation fee prior to a lien conference. The lien claimant alleged proof of payment was presented, but the WCJ stated no such proof was offered and the fee was not reflected in the system at the time. The Board is considering sanctions against the lien claimant's representatives for alleged misrepresentations and filing frivolous positions, finding the petition lacked record support and contained potentially false statements. A decision on the merits of the lien claimant's petition is pending.

Lien activation feeWorkers' Compensation Appeals BoardLabor Code section 4903.06ReconsiderationSanctionsBad-faith actionsMisrepresentationsWCJHearing representativeEAMS
References
Case No. SAU2545427
Regular
Aug 09, 2019

YOLANDA SABLAN vs. COUNTY OF LOS ANGELES, ACCLAMATION SANTA CLARITA

Lien claimants sought to disqualify the workers' compensation judge, alleging bias and prejudgment of the case. The appeals board denied the petition, finding the claimants failed to provide objective evidence of bias. The board noted the judge's actions, such as continuing the matter to allow for proper notice, did not demonstrate enmity or prejudgment. Furthermore, the judge's statements in his report were deemed proper expressions of opinion within his official duties and not grounds for disqualification.

Petition for DisqualificationWCJLien ClaimantsWCAB Rule 10452Labor Code Section 5311Code of Civil Procedure Section 641Report and RecommendationDeclarationMandatory Settlement ConferencePetition to Vacate
References
Case No. ADJ4379045 (ANA 0389616)
Regular
Mar 19, 2012

FEDERICO MARTINEZ vs. ROBERTSON'S READY MIX, INC.

Defendant Robertson's Ready Mix sought to reopen a stipulated award of 81% permanent disability for Federico Martinez based on a change in law regarding life pension calculations. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as untimely, as it was filed significantly beyond the statutory 20-day limit. However, the WCAB returned the petition to the trial level to be considered solely as a petition to reopen based on the alleged change in law. This decision allows the parties to address the legal change at the trial judge level.

Workers' Compensation Appeals BoardPetition to ReopenPetition for ReconsiderationStipulated Findings and AwardIndustrial InjuryPermanent DisabilityLife PensionLabor Code Section 4659(c)Baker v. Workers' Comp. Appeals Bd.Untimely Filing
References
Case No. ADJ7166891
Regular
Oct 31, 2013

NORMA MENDEZ MUNOZ vs. APPLIED POLYTECH SYSTEMS, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a WCJ's order dismissing a lien claim. The dismissal was based on the lien claimant's failure to pay a lien activation fee for a conference that was improperly added to the calendar. The WCAB found the conference was not properly set under Court Administrator Rule 10250 because no Declaration of Readiness to Proceed had been filed for that specific case, and the defendant's request for consolidation lacked necessary declarations. Therefore, the WCAB vacated the dismissal and ordered the matter off calendar, requiring a proper Declaration of Readiness to be filed to set the lien conference.

Lien activation feeReconsiderationOrder Dismissing Lien ClaimDeclaration of Readiness to ProceedCourt Administrator Rule 10250EDEXEAMSWCJLien conferenceEx parte request
References
Case No. ADJ7106767
Regular
Dec 16, 2013

JORGE IBARRA vs. BEVERLY WILSHIRE HOTEL, FEDERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Applicant Ibarra's Petition for Removal regarding the order to take the case off calendar. The Board found Applicant failed to show significant prejudice from delaying trial to clarify if the primary treating physician possessed specific treadmill test results. Furthermore, the Board noted Applicant filed declarations of readiness to proceed while discovery, specifically a vocational expert report, remained incomplete, indicating the case was not trial-ready. The matter was returned to the WCJ to consider sanctions against Applicant's counsel for prematurely filing declarations of readiness.

Petition for RemovalOff CalendarMandatory Settlement ConferenceIndustrial InjuryCumulative PeriodPrimary Treating PhysicianVocational Expert ReportUncompleted DiscoveryQualified Medical EvaluatorSanctions Proceedings
References
Case No. ADJ8310177
Regular
Apr 25, 2014

FELIPE HERNANDEZ (DECEASED) vs. SUPERIOR READY MIX CONCRETE, TRISTAR RISK MANAGEMENT

This case involves a Petition for Removal filed by a party in the workers' compensation matter of Felipe Hernandez (deceased) v. Superior Ready Mix Concrete. The petitioner subsequently withdrew the filed petition. Consequently, the Workers' Compensation Appeals Board has issued an order dismissing the petition for removal. No further action will be taken on this withdrawn petition.

Petition for RemovalWithdrawn PetitionDismissed PetitionWorkers' Compensation Appeals BoardSelf-InsuredTristar Risk ManagementDeceased ApplicantADJ8310177San Diego District OfficeOrder Dismissing
References
Case No. ADJ1505960 (RDG 0127227)
Regular
May 29, 2009

JOSEPH RHOADS vs. WESTERN READY MIX, INC.; and TRAVELERS PROPERTY \& CASUALTY

This case involves a petition for reconsideration filed by defendant Western Ready Mix, Inc., and its insurer, Travelers Property & Casualty, regarding a March 12, 2009 decision. The Workers' Compensation Appeals Board has granted this petition for reconsideration. This action is necessary to allow the Board further time to thoroughly review the factual and legal issues presented. The Board intends to issue a just and reasoned decision after a complete understanding of the record.

Workers' Compensation Appeals BoardPetition for ReconsiderationGranting PetitionDecision After ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionFurther ProceedingsOfficial Address Record
References
Case No. AD.J9352393, AD.J9352398, AD.J9531390
Regular
Apr 11, 2016

NORMAN WESEMAN vs. CITY OF CATHEDRAL CITY, Permissibly Self-Insured, SUPERIOR READY MIX, Permissibly Self-Insured

This case involves a petition for reconsideration filed by the defendants, City of Cathedral City and Superior Ready Mix. The Workers' Compensation Appeals Board (WCAB) has granted this petition. Reconsideration was granted due to statutory time constraints and the need for further study of the factual and legal issues. The WCAB aims to thoroughly understand the record to issue a just decision. All future correspondence related to the petition must be filed directly with the WCAB Commissioners, not district offices or e-filed.

PETITION FOR RECONSIDERATIONWORKERS' COMPENSATION APPEALS BOARDCITY OF CATHEDRAL CITYSUPERIOR READY MIXPERMISSIBLY SELF-INSUREDADJUDICATION MANAGEMENT SYSTEMEAMSJUDICIAL ATTORNEY'S FEESCOMPROMISE AND RELEASE AGREEMENTSSTIPULATIONS WITH REQUEST FOR AWARD
References
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