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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. 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. ADJ7597428
Regular
Jan 14, 2013

DAVID MIDDLETON vs. LOWER LAKES CEMETERY, GOLDEN STATE RISK MANAGEMENT AUTHORITY

In this workers' compensation case, the defendant sought reconsideration and removal after the administrative judge overruled their objection to proceed to a Mandatory Settlement Conference. The defendant argued this denied their due process by preventing discovery and that the applicant failed to make a good-faith effort to resolve the claim before filing a Declaration of Readiness to Proceed. The Appeals Board dismissed the reconsideration petition as the order was not final. However, they granted removal, finding the applicant's statement about attempting resolution was inaccurate and discovery was still ongoing, thus ordering the matter off calendar.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDeclaration of Readiness to ProceedMandatory Settlement ConferencePre-Trial Conference StatementObjection to ProceedDiscoveryAgreed Medical EvaluatorDue 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. ADJ8497883
Regular
Jan 27, 2014

ANGEL ROBLES vs. UKANI ENTERPRISES INC. \& MIRMAR ENTERPRISES INC.; THE HANOVER INSURANCE COMPANY

In this workers' compensation case, the defendant sought to remove an order that placed the matter off calendar, arguing discovery should have closed and the case proceed to trial. The Appeals Board denied the petition, explaining that the administrative law judge correctly took the case off calendar because a pretrial conference statement was not filed, a requirement for proceeding to trial after a mandatory settlement conference. The Board noted that discovery closes at the mandatory settlement conference, and if the case is not resolved at the next one, a pretrial statement must be filed, and the case will then be continued to trial.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceDiscovery ClosingPretrial Conference StatementLabor Code Section 5502(d)(3)Off Calendar OrderDeclaration of Readiness to ProceedAdministrative Law JudgePermanent Disability Rating
References
Case No. ADJ7762424
Regular
Dec 02, 2014

Ken Stabler vs. New Orleans Louisiana Saints, LLC, Oakland Raiders, California Insurance Guarantee Association, Zenith Insurance Co.

This case concerns a Petition for Removal filed by Travelers Insurance Company challenging the Workers' Compensation Appeals Board's (WCAB) order to proceed to trial on all issues, including insurance coverage. Travelers argued insufficient discovery time and lack of indispensable parties, but the WCAB denied removal. The Board found Travelers had sufficient notice and opportunity for discovery, and its objection to the Declaration of Readiness to Proceed was untimely. The WCAB also determined that other insurers, now liquidated, were not indispensable parties and that Travelers' due process rights were not violated by proceeding to trial.

Petition for RemovalWorkers' Compensation Appeals BoardDeclaration of Readiness to ProceedMandatory Settlement ConferenceInsurance CoverageDiscoveryIndispensable PartiesDue ProcessCumulative InjuryProfessional Football Player
References
Case No. LAO 0824629
Regular
Aug 16, 2007

R. MARTINEZ vs. HILTON HOTEL, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding an earlier order that had taken the case off calendar over the applicant's objection. The Board agreed that the case should have proceeded to trial, as the defendant improperly filed a Declaration of Readiness to Proceed while proceedings were suspended. The matters are now returned to the trial level for rescheduling, with the issue of defense witnesses deferred to the trial judge.

RemovalPetition for RemovalDeclaration of Readiness to ProceedDiscoveryWitnessesOrder Suspending ProceedingsRescindedTrial LevelWCJWorkers' Compensation Appeals Board
References
Case No. ADJ1415058 (FRE 0192009) MF ADJ4686427 (FRE 0193449)
Regular
Dec 18, 2017

ANGEL VALENZUELA vs. STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS

The defendant employer sought removal to challenge an order compelling the deposition of their claims adjuster and production of documents. The defendant argued that as a legally uninsured employer, discovery from their adjuster (SCIF/SCS) required subpoenas, not just notice. The Appeals Board denied removal, holding that workers' compensation proceedings are not bound by civil discovery rules and the adjuster, as the employer's agent, is subject to discovery via notice. The Board found no irreparable prejudice and affirmed the WCJ's order compelling discovery.

Workers' Compensation Appeals BoardPetition for RemovalAdministrative Law JudgeMotion to Compel DepositionProduction of DocumentsState Compensation Insurance FundLegally Uninsured EmployerSubpoenaService of NoticeLabor Code
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. ADJ14242832
Regular
Mar 07, 2025

EHAB GUIRGUIS vs. CIRCLE K/76 GAS STATION, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA

Defendant sought removal of an Order issued by a workers' compensation administrative law judge (WCJ) setting the matter for trial. Defendant objected to applicant's Declaration of Readiness to Proceed (DOR) as defective due to a failure to list good faith efforts for resolution and incomplete discovery regarding a vocational rehabilitation report. The Workers' Compensation Appeals Board (WCAB) reviewed the petition, the applicant's answer, and the WCJ's report. The WCAB granted the Petition for Removal, rescinded the WCJ's order, and returned the matter for further proceedings to allow for proper development of the record and address the defendant's objections to the DOR and discovery issues, emphasizing the right to due process and a fair hearing.

Petition for RemovalDeclaration of Readiness to ProceedWCJ ObjectionGood Faith EffortsDiscoveryVocational Rehabilitation ReportDue ProcessFair HearingRescind OrderReturn to Trial Level
References
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