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

Case No. ADJ4155359 (OXN 0143340)
Regular
May 23, 2014

LISA SMITH vs. AGOURA WESTLAKE ANIMAL HOSPITAL, FIREMAN'S FUND INSURANCE COMPANY

Defendant Agoura Westlake Animal Hospital sought removal from an order continuing the case to trial on psychiatric injury and sleeplessness, arguing they should have obtained a supplemental QME report first. The Appeals Board denied this petition, agreeing with the WCJ that the psychiatric injury issue was ready for trial as both parties had QME evaluations. The Board found no abuse of discretion in the WCJ treating the hearing as a Mandatory Settlement Conference rather than a status conference. One Commissioner dissented, believing removal should be granted to allow the supplemental QME evaluation due to applicant's refusal to attend and the lack of trial readiness for psychiatric injury.

Petition for RemovalQualified Medical Evaluator (QME)Injury to PsycheSleeplessnessMandatory Settlement Conference (MSC)Declaration of Readiness to Proceed (DOR)Petition to CompelWCJ (Workers' Compensation Judge)Appeals BoardIndustrial Injury
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. 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. 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. 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
Case No. ADJ9352393, ADJ9352398, ADJ9531390
Regular
Apr 21, 2016

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

This case consolidates three workers' compensation claims for applicant Norman Weseman. The Appeals Board affirmed findings that claims against Superior Ready Mix (ADJ9531390) and the City of Cathedral City (ADJ9352398) for heart/hypertension and firefighter injuries were not barred by the statute of limitations. However, the Board rescinded a finding regarding a specific injury claim against the City of Cathedral City (ADJ9352393) due to insufficient medical evidence on the injury's manifestation date and returned it for further proceedings. The core legal issue concerns when the statute of limitations begins to run for latent industrial injuries.

WORKERS' COMPENSATION APPEALS BOARDNorman WesemanCity of Cathedral CitySuperior Ready MixADJ9352393ADJ9352398ADJ9531390Findings and OrdersReconsiderationStatute of Limitations
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. ADJ4609386 (AHM 0124161)
Regular
Jun 29, 2011

FRANCISCO CERVANTES vs. STAFFMARK INVESTMENTS, AIG CLAIM SERVICES, INC., as administered by CHARTIS CLAIMS, INC.

This case involves a defendant's Petition for Removal challenging a WCJ's order to proceed to trial. The defendant argued the matter was not ready due to insufficient medical evidence, but failed to object to the applicant's declaration of readiness to proceed. Furthermore, the defendant did not demonstrate efforts to supplement the existing medical reports. The Appeals Board denied removal, finding the defendant failed to show substantial prejudice or irreparable harm, and that further medical record development is possible post-submission.

Petition for RemovalWorkers' Compensation Appeals BoardIndustrial InjuryMandatory Settlement ConferenceDeclaration of ReadinessPrimary Treating PhysicianMedical EvidenceWCJ OrderSubstantial PrejudiceIrreparable Harm
References
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