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

Case No. ADJ3953416
Regular
Mar 07, 2013

CLENNON MOORE vs. COUNTY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding no significant prejudice or irreparable harm from the WCJ's order vacating a trial date. The Board also denied the defendant's petition to remove the applicant's non-attorney representative, Danny Boyd, from appearing, despite Boyd's history of abusive conduct. However, the Board issued a stern warning to Boyd that future misconduct will result in proceedings to remove his privilege to represent parties. The Board noted Boyd's potential violation of paralegal regulations and advised him to ensure compliance.

WCABPetition for RemovalHearing RepresentativeLabor Code Section 4907Cease and Desist OrderAbusive ConductNon-attorney RepresentativeSB 899Labor Code Section 5814Medical Mileage
References
3
Case No. ADJ7144283
Regular
Feb 04, 2015

RALPH LOYNACHAN vs. COUNTY OF LOS ANGELES

This case involved an applicant's petition for removal, seeking to address penalties for delayed treatment, which the WCJ denied due to a pending lien conference. The Appeals Board denied the applicant's petition, finding it failed to meet the extraordinary standards for removal, especially since a status conference request was inappropriate with a scheduled hearing. The defendant's subsequent notice, construed as a removal or disqualification petition, was dismissed as untimely. The Board found the defendant's notice to be without merit, admonishing counsel against future similar filings.

Petition for RemovalAppeals BoardWCJ GutierrezPenalties and SanctionsDelay of TreatmentCatastrophically Injured WorkerPetition for DisqualificationUntimely PetitionLabor Code Section 5311WCAB Rule 10452
References
2
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. 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. ADJ10393758
Regular
Jun 08, 2018

JOSE BASALDUA VALDEZ vs. NORCAL BUILDING SERVICES, INC., STATE COMPENSATION INSURANCE FUND, Rutherford Ashbury, LLC, Patrick F. Mockler

Defendants sought dismissal from a workers' compensation case after the applicant's employer's insurer accepted coverage. The WCJ initially denied this dismissal but later dismissed one defendant without prejudice. The Appeals Board denied the defendants' Petition for Removal, finding it moot due to the subsequent order. However, the Board, on its own motion, granted removal to amend the later order and dismiss the remaining defendant without prejudice, correcting a perceived clerical error.

Workers' Compensation Appeals BoardPetition for RemovalGranting RemovalDecision After RemovalOrder Denying Petition to DismissMinute OrderJoinderGeneral ContractorUninsured Employers Benefits Trust FundSCIF
References
1
Case No. ADJ 10109726
Regular
Jan 13, 2017

Arnold Sayles vs. Marian Regional Medical Center, Sedgwick CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's first petition for removal as moot because the case was subsequently transferred to the district office the applicant desired. The WCAB denied the applicant's second petition for removal, which sought to overturn the administrative law judge's order closing discovery. The Board found no substantial prejudice or irreparable harm would result from denying removal, and that reconsideration would be an adequate remedy. Therefore, both of the applicant's petitions were resolved by the WCAB.

Petition for RemovalWorkers' Compensation Appeals BoardWCJOrder Denying Petition for Change of VenueMandatory Settlement Conferenceclosing discoveryirreparable harmmootautomatic reassignmentWCAB Rule 10453
References
2
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. ADJ80340084
Regular
Apr 23, 2013

KEITH CRABTREE vs. CITY OF TURLOCK, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board decision addresses a defendant's petition for removal. The Board denied removal regarding the WCJ's continuance of trial to April 29, 2013. However, the Board granted removal and rescinded the WCJ's order compelling the defendant to produce claims adjustor Rebecca Huiras and the claims file without a subpoena. The matter is returned to the trial level for further proceedings.

RemovalWCJContinuance of trialClaims adjustorWitness productionClaims fileSubpoenaRescindedReturned to trial levelDecision after removal
References
0
Case No. ADJ7098412; ADJ7098413 ADJ7098414; ADJ7099557 ADJ7095101; ADJ7095118
Regular
Dec 16, 2010

ERLINDA SALES vs. HYATT REGENCY, LIBERTY MUTUAL INSURANCE COMPANY

The WCAB dismissed the applicant's petition for reconsideration as untimely and unverified, and denied her petition for removal. However, the Board granted removal on its own motion, rescinded the WCJ's Minute Order requiring the applicant to attend a PQME, and returned the matter to the WCJ for further proceedings. The applicant argued the Minute Order denied due process by not allowing a hearing on her contention of defendant's non-compliance with medical evaluation procedures.

WCABPetition for ReconsiderationPetition for RemovalMinute OrderPanel Qualified Medical ExaminationPQMEDr. KimLabor Code section 4062.2(c)Due ProcessUntimely Petition
References
12
Case No. ADJ8984848, ADJ8981790, ADJ8982096
Regular
Sep 23, 2016

Alma Vasquez vs. Paper Source Converting and Manufacturing, Inc., Paper Source Converting, Employers Management Services, Granite State Insurance, Amtrust

The Workers' Compensation Appeals Board denied a Petition for Removal filed by applicant Alma Vasquez. The Board adopted the WCJ's report, finding no substantial prejudice or irreparable harm would result from denying removal. The applicant's contentions regarding improper trial setting and inclusion of indispensable parties were found to be without merit. Therefore, the petition was denied as removal is an extraordinary remedy rarely granted.

RemovalWorkers' Compensation Appeals BoardPetition for RemovalSubstantial PrejudiceIrreparable HarmReconsiderationMandatory Settlement ConferenceDeclaration of ReadinessPQMEToxic Exposure
References
2
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