Updated Daily

Case Law Database

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

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. 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. 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. ADJ8182087

Regular

Jan 18, 2018

Darin Day vs. CITY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board affirmed a prior decision allowing a medical lien by VQ Orthocare against the City of Los Angeles. The Board found VQ's lien was valid despite late filing of a required declaration, as the lien was filed before the relevant statute's effective date. Defendant's arguments regarding the timeliness and form of the declaration were rejected, with the Board noting compliance with procedural rules for electronic filing and declarations under penalty of perjury. The lien was thus permitted to proceed on its merits.

Labor Code section 4903.8(d)Declaration requirementLien validityStatute of limitationsReconsiderationFindings and OrderMedical treatment lienSB 863SB 1160Declaration of readiness

References

Case No. ADJ3425275 (VNO0499477)

Regular

Oct 18, 2018

KAREN JACOBSEN vs. KRISTIN MULHALL, AMERICAN HOME ASSURANCE COMPANY, Administered by AIG

This case concerns a medical treatment lien filed before January 1, 2013, by the Long Beach Pain Center. The defendant argued the lien should be dismissed for failure to timely file a sworn declaration under Labor Code section 4903.8(d) and for alleged ownership by a "suspended provider." The Board affirmed the WCJ's decision, finding the declaration defect curable and the defendant failed to prove ownership/control under section 139.21. However, the Board noted the untimeliness of the declaration and directed the WCJ to consider sanctions.

RemittiturPetition for Writ of ReviewPetition for ReconsiderationSupplemental Findings of Fact and OrdersLien ClaimantMedical Treatment LienLabor Code Section 4903.8(d)Sworn DeclarationDismissed by Operation of LawLabor Code Section 139.21

References

Case No. ADJ8324040

Regular

Mar 15, 2019

ISAIAS GARCIA vs. CERADYNE, INC.; XL INSURANCE c/o SEDGWICK CLAIMS MANAGEMENT SERVICE

The Workers' Compensation Appeals Board granted reconsideration to lien claimants Technical Surgical Support and Comprehensive Outpatient Surgery Center. The WCJ had disallowed their liens because their Labor Code section 4903.8(d) declarations were filed untimely and not considered part of the record. The Board found that while the declarations were indeed filed late, the liens themselves were filed before January 1, 2013, predating a stricter WCAB rule. The Board rescinded the WCJ's order, returning the case for further proceedings to allow the defendant to examine the declarant and for a merits-based consideration of the liens.

Labor Code section 4903.8(d)lien claimantsPetition for ReconsiderationFindings and OrderWCJDeclaration of Readinesslien hearinguntimely declarationWCAB Rule 10770(c)(8)Mendoza v. Oak Grove

References

Case No. ADJ7580462; ADJ7580463; ADJ8813744

Regular

Mar 11, 2025

DORINA CORNEJO vs. SEARS HOLDINGS CORPORATION, ACE AMERICAN INSURANCE COMPANY

Lien claimant Supreme Copy Service, Inc., sought reconsideration of a workers' compensation administrative law judge's (WCJ) findings regarding its withdrawn lien and sanctionable conduct. The Workers' Compensation Appeals Board (WCAB) granted the petition for reconsideration, rescinding the previous findings. The Board determined that the lien was dismissed by operation of law on July 3, 2017, due to the lien claimant's failure to file a required declaration under Labor Code section 4903.05. Consequently, the defendant's petition for sanctions was rendered moot, as the WCAB no longer had jurisdiction over the dismissed lien.

Workers Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings of FactSanctionable ConductLabor Code Section 4903.05Dismissal by Operation of LawDeclaration Pursuant to Labor Code Section 4903.8Declaration Pursuant to Labor Code Section 4903.05(c)(3)Electronic Adjudication Management System

References

Case No. ADJ7719607

Regular

Jul 27, 2012

STEVE WEDDLE vs. CITY OF PASADENA

The Appeals Board granted the defendant's Petition for Removal, rescinding the judge's order to take the case off calendar. The applicant's attorney declared readiness for trial and completed discovery, then unsuccessfully sought to continue the trial to develop the record. The Board found the judge abused discretion by ordering further discovery without trial or evidence submission. The case is returned for trial, with the judge retaining discretion to order record development post-trial if necessary.

Petition for RemovalOff Calendar OrderMandatory Settlement ConferenceDeclaration of Readiness to ProceedDiscovery ClosureMedical Record DevelopmentAgreed Medical EvaluatorMcDuffie v. Los Angeles Metropolitan Transit AuthorityWCJ DiscretionTrial Readiness

References

Case No. ADJ10293666

Regular

Feb 20, 2020

LUIS MEJIA vs. TRI COAST BUILDERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the validity of Dental Trauma Center's lien. Dental Trauma Center initially filed a lien with an unsigned Labor Code section 4903.8(d) declaration, which is invalid under the statute. Subsequently, they filed a signed declaration, but the WCAB determined this did not cure the original defect and was untimely. Therefore, the WCAB rescinded the prior order allowing the lien to be heard on its merits and dismissed the lien as invalid by operation of law.

Labor Code section 4903.8Lien invalidityDeclaration of readinessEquitable principlesDismissal by operation of lawTimely filingUnsigned declarationCuring defectsMerits hearingReconsideration

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

Showing 1-10 of 1,191 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Updated Daily

Case Law Database

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

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. ADJ6656180

Regular

Aug 24, 2009

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

References

Case No. ADJ7505380

Regular

Dec 31, 2013

MARIA ARANGURE vs. SUDA, INC.; THE HARTFORD

References

Case No. ADJ8182087

Regular

Jan 18, 2018

Darin Day vs. CITY OF LOS ANGELES, TRISTAR

Labor Code section 4903.8(d)Declaration requirementLien validityStatute of limitationsReconsiderationFindings and OrderMedical treatment lienSB 863SB 1160Declaration of readiness

References

Case No. ADJ3425275 (VNO0499477)

Regular

Oct 18, 2018

KAREN JACOBSEN vs. KRISTIN MULHALL, AMERICAN HOME ASSURANCE COMPANY, Administered by AIG

References

Case No. ADJ8324040

Regular

Mar 15, 2019

ISAIAS GARCIA vs. CERADYNE, INC.; XL INSURANCE c/o SEDGWICK CLAIMS MANAGEMENT SERVICE

Labor Code section 4903.8(d)lien claimantsPetition for ReconsiderationFindings and OrderWCJDeclaration of Readinesslien hearinguntimely declarationWCAB Rule 10770(c)(8)Mendoza v. Oak Grove

References

Case No. ADJ7580462; ADJ7580463; ADJ8813744

Regular

Mar 11, 2025

DORINA CORNEJO vs. SEARS HOLDINGS CORPORATION, ACE AMERICAN INSURANCE COMPANY

References

Case No. ADJ7719607

Regular

Jul 27, 2012

STEVE WEDDLE vs. CITY OF PASADENA

References

Case No. ADJ10293666

Regular

Feb 20, 2020

LUIS MEJIA vs. TRI COAST BUILDERS, STATE COMPENSATION INSURANCE FUND

Labor Code section 4903.8Lien invalidityDeclaration of readinessEquitable principlesDismissal by operation of lawTimely filingUnsigned declarationCuring defectsMerits hearingReconsideration

References

Case No. ADJ7166891

Regular

Oct 31, 2013

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

Lien activation feeReconsiderationOrder Dismissing Lien ClaimDeclaration of Readiness to ProceedCourt Administrator Rule 10250EDEXEAMSWCJLien conferenceEx parte request

References

Showing 1-10 of 1,191 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.