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Case Law Database

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

Case No. ADJ7131007
Regular
Oct 18, 2010

PHILLIP SCHWARTZ (DEC'D.) vs. HALLIDAY MANAGEMENT, GAB ROBINS

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal in the case of Phillip Schwartz (deceased) v. Halliday Management and GAB Robins. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) as the basis for its decision. The order denying removal was filed on October 18, 2010.

Workers' Compensation Appeals BoardPetition for RemovalWorkers' Compensation Administrative Law JudgeADJ7131007Denying RemovalHalliday ManagementGab RobinsPhillip Schwartz (Dec'd)Order Denying RemovalDenial of Removal
References
Case No. ADJ7350346
Regular
Jan 05, 2012

TENNE PHAM vs. HAWAIIAN GARDEN CASINO, TRAVELERS INSURANCE COMPANY

This order denies Tenne Pham's Petition for Removal in a workers' compensation case against Hawaiian Garden Casino and Travelers Insurance Company. The Appeals Board adopted the findings of the Workers' Compensation Judge, denying the removal. Additionally, the Board ordered a correction of a clerical error in a previous order to remove one of the case numbers from the caption. Therefore, the Petition for Removal is denied, and the prior order is amended.

Petition for RemovalWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeClerical ErrorDenying RemovalCorrecting Clerical ErrorStrike Case NumberOrder Denying RemovalADJ3545303ADJ7350346
References
Case No. ADJ724584 (SBR 0337582)
Regular
Oct 07, 2010

HENRY SWAIN vs. DEPARTMENT OF PUBLIC HEALTH; SCIF CMS SAN BERNARDINO, COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal in this case. The WCAB adopted and incorporated the findings of the workers' compensation administrative law judge. Therefore, the petition seeking removal from the judge's decision was denied by the Board.

Workers' Compensation Appeals BoardPetition for RemovalDenying RemovalAdministrative Law JudgeWCJ reportDepartment of Public HealthSCIF CMS San BernardinoCounty of San BernardinoApplicantDefendant
References
Case No. ADJ1468445 (AHM 0109357)
Regular
Jun 08, 2009

CYNTHIA MAYFIELD vs. VERIZON, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) has denied Cynthia Mayfield's Petition for Removal. The Board adopted the report of the workers' compensation administrative law judge (WCJ) as the basis for their decision. Therefore, the petition to remove the case from its current status has been denied.

Petition for RemovalDeniedWorkers' Compensation Appeals BoardWCJ reportADJ1468445Cynthia MayfieldVerizonSedgwick CMSadministrative law judgedeny removal
References
Case No. ADJ10975625
Regular
Aug 20, 2019

GUILLERMO VARGAS HERNANDEZ vs. COURTYARD AT SHERMAN OAKS, EMPLOYERS PREFERRED INSURANCE COMPANY, EMPLOYERS INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) denied defendant Courtyard at Sherman Oaks' Petition for Removal. Defendant sought to remove an order denying their petition to dismiss the applicant's case for lack of prosecution. The WCAB found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. The applicant had shown good cause by stating they wished to proceed with discovery and not have the case dismissed, satisfying the requirements for denying dismissal.

Petition for RemovalDeny RemovalLack of ProsecutionWCAB Rule 10582Declaration of Readiness to ProceedApplicant Attorney ObjectionsGood CauseSubstantial PrejudiceIrreparable HarmReconsideration
References
Case No. ADJ2128038 (LAO 0880646) ADJ2375832 (LAO 0880647)
Regular
Oct 11, 2010

LATRICE DOTTIN vs. LONG BEACH TRANSIT, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied Latrice Dottin's Petition for Removal in this matter. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Therefore, the petition for removal was denied. This decision pertains to case numbers ADJ2128038 and ADJ2375832.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportdeny removalADJ2128038ADJ2375832LAO 0880646LAO 0880647Long Beach TransitTristar Risk Management
References
Case No. SDO 0325072
Regular
Jun 09, 2008

RAYMUNDO RAMIREZ (RAYMUNDO SILVA) vs. JACK IN THE BOX, AMERICAN CASUALTY COMPANY OF READING PENNSYLVANIA, CNA CLAIMS PLUS

In *Ramirez v. Jack in the Box*, the Workers' Compensation Appeals Board denied a Petition for Removal because the petitioners failed to demonstrate substantial prejudice or irreparable harm. The lien claimants sought removal of a stay order preventing them from enforcing their liens while issues of authorization and potential consolidation were addressed. The Board found the stay necessary to resolve complex issues of representation and licensing for the lien claimants.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardWCABRemoval DeniedSubstantial PrejudiceIrreparable HarmLien ClaimantsPetition for ConsolidationStay of Proceedings
References
Case No. ADJ6635167
Regular
Aug 01, 2011

CDWARD CARTER vs. MONTEREY MARRIOTT

This case involves a clerical error correction by the Workers' Compensation Appeals Board (WCAB). The WCAB's prior Order, issued June 17, 2011, incorrectly titled and referenced a "disqualification" instead of "removal." The Board is correcting the title to "Order Denying Removal" and substituting "removal" for "disqualification" throughout the order. This correction was made to ensure clarity and understanding of the Board's decision, and the WCAB retains jurisdiction to correct such clerical errors.

Workers' Compensation Appeals BoardOrder Correcting Clerical ErrorOrder Denying RemovalPetition for RemovalDisqualificationMonterey MarriottADJ6635167Toccalino v. Workers' Comp. Appeals Bd.Clerical ErrorsRemoval
References
Case No. ADJ7330565 ADJ7330566
Regular
Dec 03, 2012

MICHAEL ACOSTA vs. M.S. ROUSE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was not filed from a final order determining substantive rights or liabilities, but rather from interlocutory procedural orders. The petition for removal was also denied as the applicant failed to demonstrate substantial prejudice or irreparable harm if removal was not granted. Consequently, the petition for reconsideration was dismissed, and removal was denied.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrdersProcedural DecisionsEvidentiary DecisionsRemovalSubstantial PrejudiceIrreparable Harm
References
Case No. ADJ7733498
Regular
Aug 14, 2012

MINOO DANESHRAD vs. NESSAH EDUCATIONAL AND CULTURAL CENTER, TOWER GROUP COMPANIES

This case involves a Petition for Reconsideration and Removal filed by an applicant. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was filed from a non-final interlocutory order, which does not determine substantive rights. The petition for removal was denied because the applicant failed to demonstrate substantial prejudice or irreparable harm, as required by regulation. Consequently, both the petition for reconsideration and removal were dismissed and denied, respectively.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrdersProcedural DecisionsEvidentiary DecisionsRemovalSubstantial PrejudiceIrreparable Harm
References
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