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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. 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 The Appeals Board granted removal, rescinded the WCJ's order and submission order, and returned the case for reassignment to a new WCJ to resolve the discovery dispute.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. ADJ460672 (SFO 0499592) ADJ1224818 (SFO 0499593)
Regular
Feb 17, 2009

HAMID KHAZAELI vs. SPEDIA. COM and SYSMASTER CORPORATION, GREAT AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because the order being challenged was procedural and not a final appealable order. The Board also denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm justifying this extraordinary remedy. The applicant's arguments regarding rescinded orders, discovery abuse, and due process were unaddressed as the procedural nature of the order precluded review. The Board cautioned the applicant against filing frivolous petitions, warning of potential sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalInterlocutory OrderProcedural OrderFinal OrderLabor Code section 5900Substantive RightsDiscovery IssuesAbuse of Discovery
References
Case No. ADJ9625941
Regular
Oct 15, 2015

DANIEL BORGSTROM vs. CALIFORNIA STATE UNIVERSITY CHANNEL ISLANDS, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed both the applicant's and defendant's petitions for reconsideration, as they were taken from non-final interlocutory orders concerning a discovery dispute over deposing the Chief of Police. The applicant's petition for removal was dismissed as moot because the WCJ rescinded the order denying the deposition, thereby allowing it. Finally, the defendant's petition for removal was denied, as they failed to demonstrate substantial prejudice or irreparable harm, and liberal discovery for the fair resolution of cases was favored.

WCABPetition for ReconsiderationPetition for RemovalOrder RescindingDepositionChief of PoliceDiscovery DisputeNon-final OrderInterlocutory OrderDue Process
References
Case No. ADJ119309 (OAK 0332713) ADJ1352097 (OAK 332714)
Regular
Aug 09, 2011

KEN LAWHN vs. FARMERS INSURANCE, HELMSMAN MANAGEMENT

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of the WCJ's order compelling a neuropsychological evaluation. The Board determined the WCJ's order was an interim discovery ruling, not a final decision on substantive rights, making it ineligible for reconsideration. The applicant's petition for removal was also denied, adopting the WCJ's reasoning for the original order. The applicant had argued the evaluation was an invasion of privacy and unnecessary as neuropsychological health was not at issue.

Workers' Compensation Appeals BoardNeuropsychological QME evaluationNon-industrial closed head injuryOpen labor marketPetition for ReconsiderationPetition for RemovalFindings and OrderDiscovery orderInterim orderSubstantive rights
References
Case No. ADJ11377839 ADJ11377840
Regular
Jul 09, 2019

OLIVIA BARAJAS vs. JUSTIN VINEYARDS & WINERY, LLC, BROADSPIRE

The applicant sought reconsideration or removal of an order compelling her attendance at a deposition. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as untimely and denied the petition for removal. The WCAB found the order compelling attendance was an interlocutory discovery order, not a final decision, and thus not subject to reconsideration. Furthermore, the applicant failed to demonstrate significant prejudice or irreparable harm required for the extraordinary remedy of removal.

WCABPetition for ReconsiderationPetition for RemovalOrder Compelling AttendanceDepositionWCJDiscovery OrderFinal OrderInterlocutory OrderDue Process
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. ADJ8091143
Regular
Jul 24, 2013

ELISE AINSLEY vs. RESCARE INC.; ACE AMERICAN INSURANCE COMPANY, adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was filed from a non-final, interlocutory discovery order, which is not subject to reconsideration. The Board also denied the Petition for Removal, adopting the judge's reasoning and finding no substantial prejudice or irreparable harm. The defendant was admonished for improperly seeking reconsideration of an interim order. Ultimately, both the petition for reconsideration and removal were dismissed.

Petition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightInterlocutory DecisionNon-Final OrderProcedural OrderEvidentiary DecisionDiscovery OrderAdministrative Law Judge
References
Case No. SAU8840977
Regular
Nov 03, 2025

ERIC BRAGER vs. RKL TECHNOLOGIES, CENTER FOR BETTER HEALTH dba SOUTHLAND SPINE AND REHABILITATION

Liaison counsel for insurance carriers sought reconsideration or removal of a Discovery Order issued by a workers' compensation administrative law judge (WCJ) on August 1, 2025, which voided prior orders and mandated refiling of documents. The carriers argued lack of jurisdiction, insufficient evidence, and violation of due process, while a lien claimant opposed, asserting the judge was disqualified. The Workers' Compensation Appeals Board denied reconsideration, finding the Discovery Order was not a final order, but granted removal, concluding the order violated due process due to lack of notice and a fair hearing. Consequently, the Appeals Board rescinded the Discovery Order and returned the matter for further proceedings to properly adjudicate the allegations against the prior WCJ's orders.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDiscovery OrderVoiding Prior OrdersDisqualification of JudgeDue ProcessFair HearingLabor Code Section 5909Labor Code Section 5313
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
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