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Case Law Database

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

Case No. ADJ7807379

Regular

Oct 27, 2014

ANDREA BLAKE vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the WCJ had already timely vacated the original order of dismissal for lack of prosecution. The WCJ's action, though miscaptioned as a report and recommendation, effectively rescinded the dismissal within the 15-day timeframe allowed by regulation. This occurred after the applicant argued their case should not have been dismissed without prejudice, claiming their attorney never received notice of the initial dismissal. Consequently, the WCAB dismissed the petition for reconsideration as moot, recognizing the WCJ's prior correction.

Workers Compensation Appeals BoardDismissal for Lack of ProsecutionPetition for ReconsiderationOrder Vacating DismissalMoot PetitionTimely ObjectionRescinded OrderAdministrative Law JudgeWCJTitle 8 CCR Sect. 10859

References

Case No. ADJ1635548 (POM 0300369)

Regular

Feb 20, 2015

FERNANDO GUTIERREZ vs. CLAIM JUMPER RESTAURANT, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the order they sought to reconsider was not a final order, as it merely provided an opportunity to litigate a lien claim. The WCAB also denied the defendant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm. The WCJ correctly vacated a prior order dismissing a lien claimant's claim due to a lack of proof of service. Therefore, the matter will proceed to further litigation regarding the lien.

WCABPetition for ReconsiderationPetition for RemovalOrder Vacating Lien DismissalOrder Dismissing LienLien ClaimantCompromise and ReleaseNotice of Intent to DismissProof of ServiceSubstantive Right

References

Case No. ADJ4045249 (LBO 0349635)

Regular

Jul 29, 2013

PATRICK RUSSELL vs. CITY OF LONG BEACH

This case involves a Petition for Reconsideration filed by lien claimant Dr. Samer Alaiti regarding the dismissal of Miracle Mile Medical Center's (MMMC) lien. The Workers' Compensation Appeals Board (WCAB) dismissed Dr. Alaiti's petition because he was not "aggrieved" by the dismissal of MMMC's lien, as his own lien had been settled. Dr. Alaiti's representative admitted a calendar error for his own absence, but there was no indication this representative, or any other, was appearing for MMMC. The WCAB upheld the dismissal of MMMC's lien due to their failure to appear and object to the dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantMiracle Mile Medical CenterSamer Alaiti M.D.MJR Management ServicesWCJHearing RepresentativeStipulation and Order

References

Case No. ADJ4332905 (SAL 0109881)

Regular

Jan 20, 2016

JESUS RODRIGUEZ vs. BUD OF CALIFORNIA

California Physicians Network (CPN) and its representative, Dennise Mejia, were sanctioned $2,500.00 jointly and severally for filing a frivolous and untimely petition for reconsideration that lacked proper verification and contained erroneous facts. The Board dismissed their reconsideration request because it did not challenge a final order and was procedurally deficient. CPN and Mejia failed to respond to the Board's notice of intent to impose sanctions. The defendant's claim for additional trial-level costs and attorney's fees was deferred to the workers' compensation administrative law judge for initial determination.

ADJ4332905SAL 0109881Opinion and Decision After RemovalSanctionCalifornia Physicians NetworkDennise MejiaLien ClaimantLabor Code section 5813(a)Appeals Board Rule 10561Frivolous

References

Case No. ADJ8784998

Regular

Apr 09, 2018

FELIPE PEREZ vs. CMAC CONSTRUCTION COMPANY, OLD REPUBLIC GENERAL INSURANCE COPORATION

Lien claimants Comprehensive Outpatient Surgery Center and Technical Surgery Support sought reconsideration after their liens were dismissed for failing to appear at a lien conference. The WCAB granted reconsideration, rescinded the dismissal orders, and returned the matter for further proceedings. This decision stems from the lien claimants' contention that they had notified the WCAB of an illness preventing their representative's appearance. The WCAB found that the dismissal orders appeared to have been issued erroneously.

Workers' Compensation Appeals BoardLien DismissalPetition for ReconsiderationOrder RescindedLien ConferenceFailure to AppearIndustrial InjuryCompromise and ReleaseWCJ ErrorTrial Level

References

Case No. ADJ8938458

Regular

Jun 16, 2014

JUAN SOLANO RAMIREZ vs. ELAINE BELL CATERING, CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved a Petition for Reconsideration filed by former attorney Kenneth Martinson concerning a dismissed claim. Martinson argued the claim was dismissed before he could pursue his lien for fees. However, Martinson subsequently withdrew his Petition for Reconsideration and also requested the dismissal of his lien. Consequently, the Board dismissed the Petition for Reconsideration as withdrawn and dismissed Martinson's lien by operation of law.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien DismissalLabor Code Section 5710Appeals Board Rule 10770(g)Appeals Board Rule 10770(h)Dismissal of ClaimLien ClaimantWithdrawal of PetitionAttorney Fees

References

Case No. ADJ8190027

Regular

May 23, 2013

DANIEL MORGAN vs. ALLISON SIERRA, INC., ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration and denied removal, finding it was improperly filed. The defendant sought reconsideration of an order changing venue, but the Board admonished their attorney for filing the wrong type of petition for a non-final order. The Board adopted the Administrative Law Judge's report, which recommended dismissal because the venue change order was not a final determination subject to reconsideration and removal was inappropriate. Furthermore, the defendant's objection to the venue change was untimely and lacked good cause.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalOrder Changing VenueBakersfield District OfficeFresno District OfficeApplicant ResidencePrinciple Place of BusinessAttorney SubstitutionTardy Objection

References

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

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

Case No. ADJ6884598

Regular

Jul 12, 2013

Weldon Washington vs. County of Los Angeles

The Appeals Board dismissed a lien claimant's Petition for Removal and Reconsideration of an order dismissing its lien for failing to pay the activation fee. The lien claimant argued the fee was inapplicable to discovery costs, but the Board found discovery expenses qualify as medical-legal expenses requiring a lien. Furthermore, the Petition for Reconsideration was untimely. Therefore, the lien claimant's lien was properly dismissed.

Lien Activation FeePetition for RemovalPetition for ReconsiderationWCJDismissalLien ClaimantDiscovery CostsMedical-Legal ServicesLate FilingJurisdiction

References

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Updated Daily

Case Law Database

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

Case No. ADJ7807379

Regular

Oct 27, 2014

ANDREA BLAKE vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ1635548 (POM 0300369)

Regular

Feb 20, 2015

FERNANDO GUTIERREZ vs. CLAIM JUMPER RESTAURANT, ZURICH NORTH AMERICA

WCABPetition for ReconsiderationPetition for RemovalOrder Vacating Lien DismissalOrder Dismissing LienLien ClaimantCompromise and ReleaseNotice of Intent to DismissProof of ServiceSubstantive Right

References

Case No. ADJ4045249 (LBO 0349635)

Regular

Jul 29, 2013

PATRICK RUSSELL vs. CITY OF LONG BEACH

References

Case No. ADJ4332905 (SAL 0109881)

Regular

Jan 20, 2016

JESUS RODRIGUEZ vs. BUD OF CALIFORNIA

ADJ4332905SAL 0109881Opinion and Decision After RemovalSanctionCalifornia Physicians NetworkDennise MejiaLien ClaimantLabor Code section 5813(a)Appeals Board Rule 10561Frivolous

References

Case No. ADJ8784998

Regular

Apr 09, 2018

FELIPE PEREZ vs. CMAC CONSTRUCTION COMPANY, OLD REPUBLIC GENERAL INSURANCE COPORATION

Workers' Compensation Appeals BoardLien DismissalPetition for ReconsiderationOrder RescindedLien ConferenceFailure to AppearIndustrial InjuryCompromise and ReleaseWCJ ErrorTrial Level

References

Case No. ADJ8938458

Regular

Jun 16, 2014

JUAN SOLANO RAMIREZ vs. ELAINE BELL CATERING, CYPRESS INSURANCE COMPANY

References

Case No. ADJ8190027

Regular

May 23, 2013

DANIEL MORGAN vs. ALLISON SIERRA, INC., ZURICH AMERICAN INSURANCE COMPANY

References

Case No. ADJ6876456

Regular

Jan 27, 2010

MARILYN BROWN vs. COLLECTCORP CORPORATION, HARTFORD UNDERWRITERS INSURANCE COMPANY

References

Case No. ADJ7768905

Regular

Sep 13, 2016

TRACEY LOMBARDI vs. SCRIPPS MEMORIAL HOSPITAL, SEDGWICK CMS

References

Case No. ADJ6884598

Regular

Jul 12, 2013

Weldon Washington vs. County of Los Angeles

Lien Activation FeePetition for RemovalPetition for ReconsiderationWCJDismissalLien ClaimantDiscovery CostsMedical-Legal ServicesLate FilingJurisdiction

References

Showing 1-10 of 4,739 results

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