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

Case No. ADJ3808038 (LAO 0819022)
Regular
Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses
References
5
Case No. ADJ10280648
Regular
Sep 23, 2019

MICHAEL BIANCHI vs. FREDRICK NEWHALL WOODS TRUST; IRENE SUGANO, TRUSTEE

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal regarding the judge's order allowing CBS News to film a hearing. The Board found no substantial prejudice or irreparable harm to justify this extraordinary remedy, and that reconsideration would be adequate. The defendant's separate Petition to Disqualify the judge based on alleged bias was also denied, with the Board agreeing with the judge's recommendation. Ultimately, both petitions were denied based on the Workers' Compensation Judge's reports.

Petition for RemovalPetition for DisqualificationWorkers' Compensation Appeals BoardWCJfilming hearingCBS Newsirreparable harmsubstantial prejudicedisqualify WCJattorney Dominique Banos
References
1
Case No. ADJ317667 (SDO 0346814)
Regular
Nov 15, 2019

NANCY COBB vs. BIOSITE INCORPORATED, HARTFORD INSURANCE COMPANY OF THE WEST, YORK RISK SERVICES

The Appeals Board dismissed the defendant's Petition for Reconsideration because it was filed from an intermediate procedural order, not a final decision that determined substantive rights or liabilities. The Board also denied the defendant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm, and determined reconsideration would be an adequate remedy. Finally, the Petition for Disqualification was denied based on the Workers' Compensation Judge's report. The case is returned to the Workers' Compensation Judge to issue a decision on the submitted issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for Disqualificationfinal ordersubstantive rightliabilitythreshold issueinterlocutory orderprocedural decision
References
7
Case No. ADJ11351216
Regular
Feb 14, 2020

SARA CREIGHTON vs. BEVERLY HOSPITAL

This case involved a defendant's petition for removal and reconsideration, treated as a disqualification petition. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding the prior WCJ decision on employment was final, but applied the removal standard for the interlocutory issue of the case being taken off calendar. The Board found no significant prejudice or irreparable harm would result from denying removal. Furthermore, the petition for disqualification lacked specific factual allegations to support claims of WCJ bias, and the Board reiterated that judicial expressions of opinion or adverse rulings do not constitute disqualifying bias.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for DisqualificationRemovalThreshold IssueInterlocutory IssueEmploymentStatute of LimitationsBiasPrejudice
References
10
Case No. ADJ2263363 (SAC 0291821) ADJ2654728 (SAC 0291246)
Regular
Dec 05, 2008

LEROY ARMSTRONG vs. ENVIRONMENTAL CONSTRUCTION, STATE COMPENSATION INSURANCE FUND, SLIPFORM CONCRETE, BROADSPIRE, California Insurance Guarantee Association (CIGA), Legion Insurance, State Compensation Insurance Fund (SCIF), Fireman's Fund

The Workers' Compensation Appeals Board dismissed CIGA's petition for reconsideration because the WCJ's deferral of CIGA's requested issues was not a final order, and CIGA was not aggrieved. The Board also denied CIGA's petition for removal, finding no extraordinary circumstances. Finally, the Board denied SCIF's petition for reconsideration, agreeing with the WCJ's determination that the applicant's claim against Environmental Construction was timely.

Workers Compensation Appeals BoardCIGASCIFReconsiderationRemovalPetitionFinal OrderStatute of LimitationsIndustrial InjuryDeferred Issue
References
7
Case No. ADJ9214889
Regular
Dec 08, 2014

JIE BAI vs. PEBBLE BEACH, INTERCARE

This case involves applicant Jie Bai's petitions for reconsideration and removal stemming from two separate orders by the Workers' Compensation Judge. The Workers' Compensation Appeals Board denied both petitions, adopting the judge's reasoning. Reconsideration was denied regarding sanctions imposed on applicant's attorney for a late appearance, finding the attorney's tardiness and lack of excuse justified the sanction. Removal was denied regarding a change of venue to Salinas, as the judge found good cause based on the applicant's residence, injury location, and logistical convenience, despite the applicant's counsel's objections.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Imposing SanctionsOrder Changing VenueWorkers' Compensation JudgeLabor Code §5813Title 8CCR §10561Failure to Appear
References
0
Case No. ADJ8213064, ADJ8222631
Regular
Jan 22, 2016

MUBINA KUSLJUGIC vs. COMMUNITY ASSISTANCE FOR RETARDED & HANDICAPPED, INC., ZENITH INSURANCE COMPANY, ENDURANCE MARKEL, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted SCIF's Petition for Reconsideration to amend the Findings, Award, and Orders to dismiss the applicant's claim for a specific back injury and correct a clerical error. SCIF's Petition for Removal, seeking WCJ disqualification, was denied as improperly filed and skeletal. The applicant's Petition for Removal regarding further development of the record was also denied, as reconsideration was deemed the appropriate remedy for a final order, and the Board found the issues properly before them. All other aspects of the original Findings, Award, and Orders were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical ExaminerCumulative InjurySpecific InjuryPermanent DisabilityDiscovery MatterAttorney-Client PrivilegeCode of Civil Procedure
References
9
Case No. POM 0216385
Regular
Jul 18, 2007

JEN-KANG YANG vs. UNION BANK OF CALIFORNIA, ZURICH AMERICAN INSURANCE CO.

The Workers' Compensation Appeals Board denied the applicant's petition to disqualify Judge Slucter and for automatic reassignment. The Board found that the applicant's petition for disqualification lacked the required affidavit and did not cite statutory grounds applicable to workers' compensation proceedings. The petition for automatic reassignment was denied as untimely because the applicant did not exercise the right at the mandatory settlement conference.

Workers Compensation Appeals BoardPetition for DisqualificationPetition for Automatic ReassignmentLabor Code Section 5311WCAB Rule 10453Code of Civil Procedure Sections 170.1 and 170.6Administrative Law Judge (WCJ)Industrial InjuryPsycheStress
References
0
Case No. ADJ18395672
Regular
Oct 13, 2025

FRANCISCO DE SANTIAGO CARRILLO vs. NEAL TRUCKING INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Defendant sought removal from an order taking this matter off calendar and disqualification of a Workers' Compensation Administrative Law Judge (WCJ) for alleged bias. The Appeals Board considered the petitions and the WCJ's Report. The Board denied the petition for removal, finding that defendant failed to establish irreparable harm or that reconsideration would be an inadequate remedy. The petition for disqualification was also denied because defendant did not provide a supporting affidavit or declaration under penalty of perjury, nor sufficient grounds for disqualification. The Board noted that the WCJ's actions, such as raising the issue of sanctions, appeared to be a reasonable response based on the case facts.

Petition for RemovalPetition for DisqualificationWCJ DiscretionDeclaration of ReadinessIrreparable HarmReconsiderationJudicial BiasLabor Code Section 5311Code of Civil Procedure Section 641Affidavit/Declaration
References
13
Case No. ADJ358912 (GRO 0032620) ADJ1583814 (GRO 0032621)
Regular
Jun 21, 2010

ROSS COVELLO vs. CITY OF SANTA MARIA, Pecmissibly Self-Insured, GREGORY BRAGG & ASSOCIATES, Adjusting Agency

The Appeals Board dismissed the applicant's Petition for Reconsideration because the PWCJ's order setting the matter for trial was not a final order. The Board denied the applicant's request for removal, finding no showing of significant prejudice or irreparable harm justifying this extraordinary remedy. Additionally, the petition for disqualification was denied due to the applicant's failure to provide the required affidavit or declaration under penalty of perjury. The applicant's contentions regarding discovery, notice defects, counsel conflicts, and bias were found insufficient to warrant reconsideration or removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DisqualificationPresiding Workers' Compensation Administrative Law JudgeDeclaration of ReadinessAgreed Medical ExaminerDiscovery ClosedMandatory Settlement ConferenceFinal Order
References
5
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