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Case Law Database

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

Case No. VNO 0481628

Regular

Mar 05, 2008

ANNOOSH AGHAJANI vs. FEDERATED MAY DEPARTMENT STORES, NATIONAL LIABILITY FIRE & MARINE INSURANCE COMPANY C/O ACCAM

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order that dismissed the applicant's petition to reopen for new and further disability. The Board found the prior order ambiguous and improperly treated as a demurrer, violating due process by denying the applicant a hearing on the merits. The case is returned to the trial level for a full hearing to determine the applicant's claims for increased orthopedic, psychiatric, and internal injuries.

Petition to ReopenNew and Further DisabilityOrthopedic DisabilityPsychiatric DisabilityGastric DisabilityDue ProcessSubstantial Medical EvidenceCumulative TraumaSpecific InjuryDemurrer

References

Case No. ADJ8446012

Regular

Nov 28, 2017

Raymond Jackson vs. Holz Rubber Company, Liberty Mutual Fire and Marine Insurance, Hedy Holmes Staffing Services, AmTrust North America

Holz Rubber Company petitioned for removal of an order joining it as a defendant, arguing the claim was against another entity and joinder was barred by statute of limitations. The Appeals Board denied the petition, emphasizing removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. Defendant did not demonstrate such harm, only that it would incur defense costs for a claim it deems meritless. All defenses can be raised later in the proceedings, as demurrers and summary judgment motions are not permitted in workers' compensation.

Petition for RemovalOrder of JoinderStatute of LimitationsLabor Code Section 5410California Insurance Guarantee Association (CIGA)Castle Point InsuranceSubstantial PrejudiceIrreparable HarmPetition for ReconsiderationDefense

References

Case No. ADJ9689895

Regular

Sep 19, 2025

ROBERT GONZALES vs. NORTHROP GRUMMAN SERVICES CORPORATION, AIG

The Appeals Board denied Northrop Grumman's petition for removal, finding no substantial prejudice or irreparable harm. The defendant argued the judge erred by not requiring a pre-trial conference statement at the mandatory settlement conference and by setting the matter for trial without notice of issues. However, the Board noted that defendant's own actions invited or waived the alleged error, and a subsequent filing of the statement rendered the argument moot. Removal is an extraordinary remedy, and reconsideration is an adequate remedy for any potential adverse decision.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMandatory Settlement ConferencePre-Trial Conference StatementTriable IssuesLabor Code Section 5811WCAB Rule 10515DemurrersPetitions for Judgment on Pleadings

References

Case No. ADJ2704105

Regular

Aug 02, 2013

RACHEL ALEXANDER vs. SUPERIOR COURT OF CALIFORNIA

The Appeals Board rescinded the WCJ's dismissal of Rachel Alexander's workers' compensation case, which occurred before a merits adjudication due to her death. The Board held that the deceased applicant's death does not prevent the determination of accrued benefits for dependents or heirs under Labor Code section 4700. Dismissal without an evidentiary hearing violated due process, as workers' compensation proceedings do not allow for summary judgment motions. The case was returned for further proceedings and a decision on the merits.

Workers' Compensation Appeals BoardReconsiderationDismissalDue ProcessLabor Code section 3202Labor Code section 4700Accrued and unpaid benefitsInjury to respiratory systemInjury to internal systemsHeadaches

References

Case No. ADJ20809270; ADJ18022996

Regular

Oct 09, 2025

ERIC RIGGS vs. STOCKWELL, HARRIS, WOOLVERTON & HELPHREY (A CORP), WESCO INSURANCE COMPANY

The defendant filed a petition for removal from an order setting the matter for trial, advocating for case consolidation and a summary dismissal of their petition. The Workers' Compensation Appeals Board (WCAB) denied the petition, agreeing with the WCJ's recommendation. The WCAB stated that removal is an extraordinary remedy, requiring proof of substantial prejudice or irreparable harm, which the defendant failed to demonstrate, and that reconsideration would be an adequate remedy if an adverse final decision is reached. The Board also noted that parties would have ample opportunity to create a record and address consolidation at trial, while reminding the defendant that demurrers or summary judgments are not permitted in these proceedings.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationSubstantial EvidenceConsolidationDuplicative ClaimsSummary DismissalAdministrative Law Judge

References

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ANNOOSH AGHAJANI vs. FEDERATED MAY DEPARTMENT STORES, NATIONAL LIABILITY FIRE & MARINE INSURANCE COMPANY C/O ACCAM

Petition to ReopenNew and Further DisabilityOrthopedic DisabilityPsychiatric DisabilityGastric DisabilityDue ProcessSubstantial Medical EvidenceCumulative TraumaSpecific InjuryDemurrer

Raymond Jackson vs. Holz Rubber Company, Liberty Mutual Fire and Marine Insurance, Hedy Holmes Staffing Services, AmTrust North America

ROBERT GONZALES vs. NORTHROP GRUMMAN SERVICES CORPORATION, AIG

RACHEL ALEXANDER vs. SUPERIOR COURT OF CALIFORNIA

ERIC RIGGS vs. STOCKWELL, HARRIS, WOOLVERTON & HELPHREY (A CORP), WESCO INSURANCE COMPANY

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationSubstantial EvidenceConsolidationDuplicative ClaimsSummary DismissalAdministrative Law Judge