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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7848295
Regular
Apr 10, 2012

RAMONA BURTON vs. LONG BEACH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted removal and dismissed reconsideration of a WCJ's order. The WCJ had improperly taken the case off calendar and allowed discovery to reopen for a new psychiatric injury claim, despite the applicant filing a Declaration of Readiness to Proceed indicating trial readiness. This prejudiced the defendant by allowing the applicant to develop evidence for an unclaimed injury after discovery closure. The Board ordered discovery closed as of the original Mandatory Settlement Conference date and returned the case to trial level for a new MSC to prepare for trial.

Petition for RemovalPetition for ReconsiderationMandatory Settlement ConferenceDeclaration of Readiness to ProceedInjury to PsychePanel Qualified Medical EvaluatorPermanent and Stationary StatusReopened DiscoveryClosure of DiscoveryInterlocutory Orders
References
Case No. ADJ10482874
Regular
Jan 26, 2019

ELIZABETH LEWIS vs. BLUE APRON, INC, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted applicant Elizabeth Lewis's Petition for Removal, rescinding an administrative law judge's order that set the case for trial and closed discovery. The WCAB found that applicant would suffer substantial prejudice and irreparable harm because her counsel, recently substituted, inadvertently failed to object to the Declaration of Readiness to Proceed. This failure, coupled with the apparent need for further discovery, justified the extraordinary remedy of removal, returning the matter to the judge for further proceedings.

Petition for RemovalDeclaration of Readiness to ProceedSubstitution of CounselInadvertent Failure to ObjectSubstantial PrejudiceIrreparable HarmMedical Record DevelopmentFurther DiscoveryOrder RescindedWorkers' Compensation Appeals Board
References
Case No. ADJ10424802
Regular
Jan 30, 2018

TIMETHY TELLEZ vs. COUNTY OF LOS ANGELES

The applicant sought removal of a trial setting order, arguing it violated due process by scheduling a trial before discovery. The Workers' Compensation Appeals Board denied the removal petition, finding no irreparable harm or substantial prejudice. The Board clarified that the trial was limited to the defendant's petition to dismiss due to the applicant's failure to attend depositions. Therefore, the trial would proceed as scheduled on the specific dismissal issue.

Petition for RemovalWCJ Orderabuse of judicial discretiondue process rightsdiscoverymedical evidenceadequate recordPetition to Dismissfailure to appeardeposition
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ8517731
Regular
Jul 23, 2013

BLANCA CALDERON vs. CPS SECURITY SOLUTIONS

The Appeals Board denied the defendant's petition for removal, upholding the WCJ's denial of a medical records release form because the defendant conceded they had not yet been prejudiced and had received records via subpoena. The Board also found the defendant's discovery requests regarding a prior sexual harassment lawsuit too vague to compel and noted that specific facts demonstrating good cause under Labor Code section 3208.4 would be required for discovery related to sexual conduct. The case was remanded for a priority conference, where the defendant must present a comprehensive discovery plan, and the WCJ will issue appropriate discovery orders.

Petition for RemovalRelease of Medical RecordsLabor Code section 3208.4Sexual Harassment LitigationDiscoveryMandatory Settlement ConferencePriority ConferenceWCJAppeals BoardIrreparable Harm
References
Case No. ADJ394468 (OAK 0325496)
Regular
Apr 26, 2018

Maria Padilla vs. IN-HOME SUPPORT SERVICES, YORK, RISK SERVICES GROUP

Applicant Maria Padilla petitioned for removal after a WCJ's discovery order allegedly closed discovery, denying her due process. The WCJ recommended granting removal, clarifying that discovery was intended to be stayed, not closed. The Appeals Board granted removal, rescinded the order closing discovery, and returned the case to the WCJ for further proceedings. This decision ensures further discovery can be properly considered based on the WCJ's clarified intent.

Petition for RemovalDiscovery OrderWCJDue ProcessStay DiscoveryReport and RecommendationRescind OrderDecision After RemovalWorkers' Compensation Appeals Board
References
Case No. ADJ9060378
Regular
Apr 21, 2014

MELISSA OVERTON vs. THE PAPER BAG PRINCESS, HARTFORD INSURANCE COMPANY

This case concerns a dispute over applicant Melissa Overton's deposition, specifically regarding the presence of an employer representative and videotaping. A WCJ vacated a prior submission order to compel a psychiatric evaluation to assess the applicant's fitness for deposition under those conditions. The defendant sought removal, arguing the WCJ erred in vacating submission and ordering further discovery. The Appeals Board granted removal, rescinded the WCJ's order and submission order, and returned the case for reassignment to a new WCJ to resolve the discovery dispute.

Petition for RemovalOrder Vacating SubmissionFurther DiscoveryProtective OrdersDeposition LocationEmployer RepresentativePsychiatric EvaluationIndustrial InjuryCumulative TraumaWCJ Reassignment
References
Case No. ADJ8675755
Regular
Dec 30, 2014

MARIA MATA vs. PARK VIEW GARDENS, SAFETY NATIONAL CASUALTY CORPORATION, YORK SERVICES GROUP, INC.

This case involves a Petition for Removal filed by the defendants, Park View Gardens and Safety National Casualty Corporation. The defendants sought removal of an interlocutory order allowing applicant Maria Mata to conduct further discovery related to additional claimed body parts. The Workers' Compensation Appeals Board denied the petition, finding no showing of significant prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The Administrative Law Judge's report recommended denial, noting the defendants' prior awareness of the additional body parts and their lack of timely objection to discovery.

Workers' Compensation Appeals BoardPetition for RemovalInterlocutory OrderSignificant PrejudiceIrreparable HarmReconsiderationFinal OrderDeclaration of ReadinessOff CalendarFurther Discovery
References
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