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

Case No. ADJ7768905
Regular
Sep 13, 2016

TRACEY LOMBARDI vs. SCRIPPS MEMORIAL HOSPITAL, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition, which sought disqualification of the administrative law judge, removal, and reconsideration. The disqualification petition was denied as untimely, filed after the swearing of the first witness. The removal petition failed to demonstrate substantial prejudice or irreparable harm. Finally, the reconsideration petition was dismissed because it did not seek review of a final order, but rather an interlocutory procedural decision.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for RemovalPetition for ReconsiderationLabor Code Section 5311Appeals Board Rule 10452Untimely PetitionExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
Case No. ADJ6876456
Regular
Jan 27, 2010

MARILYN BROWN vs. COLLECTCORP CORPORATION, HARTFORD UNDERWRITERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was filed against a non-final order denying a motion to dismiss. The WCAB also dismissed the defendant's Petition for Removal as untimely, as it was filed more than 20 days after the order it challenged. Furthermore, the defendant failed to demonstrate significant prejudice or irreparable harm, which is required for removal. Therefore, both the petition for reconsideration and the petition for removal were dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAdministrative Law JudgeLabor Code $\S 5405$JurisdictionDue ProcessFinal OrderTimelinessCalifornia Code of Regulations
References
5
Case No. LBO 0297361
Regular
Nov 28, 2007

ANTHONY TENNISON vs. NATIONAL PLANT SERVICES, CIGA by its servicing representative, CAMBRIDGE INTEGRATED SERVICES, for Reliance Insurance, in liquidation

The Appeals Board dismissed petitions for reconsideration and removal challenging an order compelling the applicant's wife to attend a continued deposition. The pro se petition was dismissed as untimely and unverified, while the attorney's petition was dismissed because discovery orders are not final and thus not subject to reconsideration. The Board affirmed the WCJ's order, finding the wife waived her marital privilege by appearing and testifying, and cautioned parties about potential sanctions for their behavior.

WCABPetition for ReconsiderationPetition for Removaldepositionmarital privilegechild care reimbursementdiscovery orderinterlocutory orderfinal orderuntimely petition
References
12
Case No. ADJ15495436
Regular
Feb 18, 2025

Calvin Grigsby vs. Grigsby and Associates, State Farm Fire and Casualty Company

The Workers' Compensation Appeals Board considered two petitions from the applicant, Calvin Grigsby: a December 9, 2024 Petition for Reconsideration and/or Removal, and a December 24, 2024 Petition for Removal. The Board dismissed the reconsideration aspect of the December 9th petition as it pertained to non-final orders and denied removal, finding no demonstration of irreparable harm. The subsequent December 24th petition was also dismissed as it challenged the same December 4, 2024 orders. The Board also noted the applicant's failure to comply with page limits for the petition.

Petition for ReconsiderationPetition for RemovalNonfinal OrdersLabor Code Section 5909Electronic Adjudication Management SystemFinal OrderInterlocutory DecisionsSubstantial PrejudiceIrreparable HarmSupplemental Pleadings
References
15
Case No. ADJ7226408
Regular
Feb 16, 2012

Robert Thompson vs. VONS, A SAFEWAY COMPANY

Defendant Vons sought removal and reconsideration of a WCJ's order authorizing applicant's attorney to accept $3,000 for a diminished future earning capacity expert. The Appeals Board dismissed the petition for reconsideration, finding the order interlocutory and not a final determination of substantive rights, nor was defendant directly aggrieved. The petition for removal was also dismissed as untimely regarding the reservation of jurisdiction in a prior award and because defendant failed to demonstrate significant prejudice or irreparable harm. Ultimately, both the Petition for Removal and Petition for Reconsideration were dismissed.

Workers' Compensation Appeals BoardDismissalPetition for RemovalPetition for ReconsiderationStipulated AwardDiminished Future Earning CapacityDFEC ExpertOgilvie IssueJurisdiction ReservedInterlocutory Order
References
7
Case No. ADJ2501619 (OAK 0286955)
Regular
Nov 10, 2008

JAMES BRADFORD vs. MCMILLAN BROS. ELECTRIC, INC., PACIFIC EAGLE INSURANCE CO./tpa SEABRIGHT INSURANCE CO.

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petitions for reconsideration, removal, and stay of execution. The petition for reconsideration was dismissed as untimely because it was filed with the Appeals Board more than 25 days after the arbitrator's decision. The Board also lacked jurisdiction to grant the petition for removal or stay of execution, as these actions are not permitted for an arbitrator's decision in a Labor Code section 3201.5 carve-out case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for Stay of ExecutionUntimely FilingLabor Code Section 3201.5Carve-out CaseArbitrator's DecisionJurisdictionAppeals Board Rule 10865
References
4
Case No. ADJ1332416 (WCK 0031685), ADJ3521523 (OAK 0322592), ADJ4017994 (WCK 0029276)
Regular
Jan 25, 2016

PAMELA ZEILSTRA vs. TARGET STORES

This case involves a petition for reconsideration and removal filed by Pamela Zeilstra against Target Stores. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not a final order, as it only addressed an intermediate procedural or evidentiary issue. Furthermore, the WCAB denied removal, finding no substantial prejudice or irreparable harm, and noted the petition's unverified status as an additional ground for dismissal. The Board found the unverified petition for removal lacked a compelling excuse and had not been cured within a reasonable time, as required by WCAB rules.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
8
Case No. ADJ9724977
Regular
Mar 17, 2017

STACEE BARBATO vs. FRESNO HEART SURGICAL HOSPITAL, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board dismissed both Stacee Barbato's petition for reconsideration and petition for removal. The Board found the underlying decision was not "final" as it only addressed an intermediate procedural or evidentiary issue, not substantive rights or liabilities. Furthermore, even if treated as a removal petition, it was dismissed as untimely, having been filed after the statutory deadline. The Board adopted the judge's report and would have denied the petition on the merits if it had been timely.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory OrderProcedural DecisionEvidentiary DecisionTimeliness
References
4
Case No. ADJ7574646
Regular
Jan 25, 2012

HEATHER YARBOROUGH vs. JENNY CRAIG, AIG INSURANCE c/o SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed the defendant's petition for removal and reconsideration as untimely, as it was filed 34 days after the order was served. The petition argued the administrative law judge erred by ordering treatment outside the Medical Provider Network, but the board found the petition was filed beyond the jurisdictional time limits. Furthermore, the board noted that the order compelling the defendant to arrange for a PQME evaluation and other examinations was not a final order, which is required for reconsideration. Therefore, both petitions were dismissed.

WCABPetition for RemovalPetition for ReconsiderationUntimely FilingMPNMedical Provider NetworkNeurosurgeonOrthopedistNeurologistTreating Doctor
References
5
Case No. ADJ10550101
Regular
Apr 08, 2019

MONALISA JIMENEZ vs. CCI TEHACHAPI, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration and removal. The WCAB found the petition for removal was improperly filed as reconsideration was an adequate remedy. The petition for reconsideration was dismissed because it was "skeletal," failing to meet the specificity requirements of Labor Code § 5902 and Appeals Board Rules regarding citation to the record and detailed grounds.

WCABPetition for ReconsiderationPetition for Removalskeletal petitionAOE/COEfinal ordersubstantive rightthreshold issueLabor Code § 5902Appeals Board Rule 10842
References
10
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