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

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. 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. ADJ7597428
Regular
Jan 14, 2013

DAVID MIDDLETON vs. LOWER LAKES CEMETERY, GOLDEN STATE RISK MANAGEMENT AUTHORITY

In this workers' compensation case, the defendant sought reconsideration and removal after the administrative judge overruled their objection to proceed to a Mandatory Settlement Conference. The defendant argued this denied their due process by preventing discovery and that the applicant failed to make a good-faith effort to resolve the claim before filing a Declaration of Readiness to Proceed. The Appeals Board dismissed the reconsideration petition as the order was not final. However, they granted removal, finding the applicant's statement about attempting resolution was inaccurate and discovery was still ongoing, thus ordering the matter off calendar.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDeclaration of Readiness to ProceedMandatory Settlement ConferencePre-Trial Conference StatementObjection to ProceedDiscoveryAgreed Medical EvaluatorDue Process
References
Case No. ADJ6607637
Regular
Jul 01, 2010

NATHAN WINES vs. SDA SECURITY SYSTEMS, INC., INSURANCE COMPANY OF THE WEST, ZENITH INSURANCE COMPANY

This case involves a workers' compensation claim where Insurance Company of the West (ICW) seeks reconsideration of an arbitration decision barring its contribution claim against Zenith Insurance Company. The arbitrator initially found ICW's contribution proceedings were untimely, but now recommends granting reconsideration based on new case law. The Workers' Compensation Appeals Board agreed that a Declaration of Readiness to Proceed can satisfy the "institute proceedings" requirement for contribution claims under Labor Code §5500.5(e), reversing the prior decision and returning the matter for further proceedings.

Workers' Compensation Appeals BoardArbitration DecisionStatute of LimitationsContribution ProceedingsDeclaration of ReadinessLabor Code §5500.5(e)Stipulated AwardCumulative InjuryIndustrial InjuryInsurance Coverage
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. ADJ6835198
Regular
Dec 21, 2012

JOSEPH GARCIA vs. TRIANGLE SERVICES, INC., ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board granted reconsideration of a $1,500 sanction imposed on lien claimant Safety Works, Inc. for filing an improper Declaration of Readiness to Proceed. While the sanction was likely justified, the Board rescinded the order and returned the case to the trial level. This action is in light of a pending motion to consolidate multiple cases where Safety Works allegedly filed similar improper documents. Furthermore, the Board noted potential future disciplinary action for lien representatives under a new law effective January 1, 2013.

Petition for ReconsiderationLien ClaimantDeclaration of Readiness to ProceedSanctionWCJ ReportUnverified PetitionSkeletal PetitionLabor Code § 4907Lien Representative PrivilegeWorkers' Compensation Appeals Board
References
Case No. ADJ2233663 (LAO 0511232)
Regular
Feb 28, 2025

MULJI PATEL vs. BOEING NORTH AMERICAN, AIG CLAIMS SERVICES

Applicant sought removal of a Minutes of Hearing and Order Taking Off Calendar (OTOC) issued by a WCJ on April 13, 2023. The WCJ had ordered the matter off calendar due to no pending issues, defendant's lack of counsel, and an improper declaration of readiness to proceed. Applicant contended errors leading to an unjust outcome, including issues with permanent disability payments, medical co-payments, a lien, and allegations against a prior attorney, and presented a QME report from Dr. David. Defendant did not file an answer to the petition for removal, and the WCJ recommended dismissal as untimely and without merit. The Appeals Board dismissed the petition, concurring it was untimely filed more than 25 days after the OTOC, and would have denied it on merits as applicant failed to show substantial prejudice or irreparable harm.

Petition for RemovalOrder Taking Off CalendarDeclaration of Readiness to ProceedPermanent Disability PaymentsMedical Co-paymentsLienOrder Suspending ProceedsQualified Medical EvaluatorChronic PancreatitisDiabetes
References
Case No. ADJ9155937
Regular
Dec 16, 2016

SYLVIA MC GILVARY vs. SAN DIEGUITO PRINTERS, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for removal. The defendant argued that the case should have proceeded to trial, not a priority conference, because the applicant did not object to the declaration of readiness. The Board rescinded the WCJ's order, returning the matter for a mandatory settlement conference. This will allow the applicant's attorney to present evidence regarding the objection to the declaration of readiness.

Workers' Compensation Appeals BoardPetition for RemovalMinute OrderMandatory Settlement ConferencePriority ConferenceDeclaration of Readiness to ProceedWCJApplicantDefendantEAMS ADJ file
References
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