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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. ADJ7505380
Regular
Dec 31, 2013

MARIA ARANGURE vs. SUDA, INC.; THE HARTFORD

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board dismissed a Petition for Removal and denied a Petition for Reconsideration filed by Landmark Medical Management on behalf of lien claimant MedRx Funding. MedRx Funding was sanctioned by the WCJ for failing to pay a lien activation fee, filing a Declaration of Readiness prematurely while the underlying case was unresolved, and filing a false declaration under penalty of perjury. While an injunction temporarily impacted the sanction for the activation fee, the Board found the other actions egregious enough to uphold the sanctions. The Board clarified that the proper procedural remedy for the sanctions order was reconsideration, not removal.

Petition for RemovalPetition for ReconsiderationWorkers' Compensation Appeals BoardWCJLien ClaimantLandmark Medical ManagementMedRx FundingLabor Code Section 5813Labor Code Section 4903.06Declaration of Readiness to Proceed
References
Case No. ADJ6656180
Regular
Aug 24, 2009

LEONARD REASON vs. MCNEAR BRICK & BLOCK, CIGA for CALIFORNIA COMPENSATION, in liquidation

The Workers' Compensation Appeals Board granted CIGA's petition for removal, reversing a prior WCJ order that denied CIGA's objection to the applicant's Declaration of Readiness to Proceed. The Board found that the WCJ erred by preventing CIGA from conducting discovery and obtaining a Qualified Medical Evaluator (QME) exam, despite the applicant filing his claim nearly eleven years after the alleged injury. The Board emphasized that CIGA has a right to discovery, even after denying a claim, and that any potential violation of administrative rules does not automatically waive these discovery rights. The case was returned to the trial level for further proceedings, allowing CIGA the opportunity to complete its discovery.

CIGAPetition for RemovalQualified Medical EvaluatorDeclaration of Readiness to ProceedObjection to Declaration of ReadinessDue ProcessDiscovery RightsRescinded OrderWorkers' Compensation Appeals BoardIndustrial Injury
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. 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. ADJ2041648 [SDO 0319858] ADJ2762432 [SDO 0319859] ADJ772603 [SDO 0319860]
Regular
Sep 23, 2008

STACIE L. NELDAUGHTER vs. COUNTY OF SAN DIEGO

The appeals board granted defendant's petition for removal, rescinding the order rejecting the declaration of readiness to proceed. The case is returned to the trial level for further proceedings.

RemovalOrder Rejecting Declaration of ReadinessOff-calendarDue ProcessEx parte letterContinuanceADA accommodationDeclaration of ReadinessWrongful terminationPetition for Writ of Mandate
References
Case No. LAO 0824629
Regular
Aug 16, 2007

R. MARTINEZ vs. HILTON HOTEL, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding an earlier order that had taken the case off calendar over the applicant's objection. The Board agreed that the case should have proceeded to trial, as the defendant improperly filed a Declaration of Readiness to Proceed while proceedings were suspended. The matters are now returned to the trial level for rescheduling, with the issue of defense witnesses deferred to the trial judge.

RemovalPetition for RemovalDeclaration of Readiness to ProceedDiscoveryWitnessesOrder Suspending ProceedingsRescindedTrial LevelWCJWorkers' Compensation Appeals Board
References
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
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