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

Case No. ADJ3601217 (VNO0423469) ADJ4395518 (VNO0423468) ADJ736425 (VNO0435581) ADJ278535 (VNO0465332)
Regular
Jun 04, 2009

KAREN L. MORAN vs. COUNTY OF LOS ANGELES/PROBATION DEPARTMENT

This case involves an applicant's petition for reconsideration and removal regarding duplicate orders compelling attendance at a defense QME. The Workers' Compensation Appeals Board dismissed the reconsideration petition as the orders were not final. Treating the petition as one for removal, the Board denied it, finding no showing of significant prejudice or irreparable harm. The Board adopted the judges' report, which explained that discovery remained open due to the applicant's agreement to go off calendar for settlement negotiations.

WCABPetition for ReconsiderationPetition for RemovalQualified Medical Examination (QME)Mandatory Settlement ConferenceDiscoveryLabor Code section 5502(e)(3)Final OrderSubstantive RightsAdministrative Law Judge (WCJ)
References
5
Case No. ADJ1818368 (VNO 0523027), ADJ3597904 (VNO 0529502)
Regular
Jan 12, 2012

EMILIA OLGUIN vs. ESIS DIVISION OF ACE/USA INSURANCE

This case involves applicant Emilia Olguin's petition for reconsideration of a prior denial of her appeal. The Board granted reconsideration, finding her initial petition was timely filed on September 16, 2011, contrary to their previous decision. However, on the merits, the Board denied Olguin's appeal, adopting the workers' compensation judge's findings that her fibromyalgia was not industrially caused. The Board noted that the attorney's filing of duplicate petitions at different offices caused the initial confusion.

WCABPetition for ReconsiderationJoint Findings of Fact and AwardsTimelinessLabor Code Section 5903Mail ServiceFiling DeadlineElectronic Adjudication Management System (EAMS)District Office FilingCumulative Industrial Injury
References
0
Case No. ADJ1581964 (MON 0344940) ADJ3113707 (MON 0344944) ADJ1018953 (MON 0344941)
Regular
May 10, 2018

JORGE ALVARADO vs. WARNER BROS. STUDIOS, AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) dismissed Warner Bros. Studios' Petition for Reconsideration and denied their Petition for Removal. The WCAB found that the challenged order, requiring authorization of secondary treating physicians, was procedural and not a final order subject to reconsideration. Furthermore, the WCAB found no basis for the defendant's claims of irreparable harm or prejudice, upholding the applicant's right to select his treating physicians under Labor Code Section 4600. The defendant's arguments regarding bypassing Utilization Review and duplicative treatment were also rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalSecondary Treating PhysicianPrimary Treating PhysicianCumulative Trauma InjuryLabor Code Section 4600Utilization ReviewRequest for AuthorizationMedical Provider Network
References
0
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. VNO 505122
Regular
Jun 15, 2007

STEVE MARASCO vs. CITY OF GLENDALE POLICE DEPARTMENT

The Workers' Compensation Appeals Board denied the City of Glendale's petition for reconsideration, upholding the judge's award for industrial injury including temporary and permanent disability. The Board also dismissed the lien claimant's separate petition for reconsideration as untimely filed. The defendant's main arguments revolved around temporary disability duration, permanent disability rating, and the applicable rating schedule, while the lien claimant sought further development of the record regarding benefits duplication.

Workers' Compensation Appeals BoardCity of Glendale Police DepartmentSteve MarascoAmended Findings and AwardTemporary DisabilityLabor Code § 4850Permanent Disability1997 Schedule for Rating Permanent Disabilities2005 Schedule for Rating Permanent DisabilitiesCalifornia Law Enforcement Association
References
10
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. ADJ3808038 (LAO 0819022)
Regular
Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses
References
5
Case No. SBR 0271963; SBR 0247442; SBR 0247444; SBR 0247445; VNO 0299465; LAO 0761513; LAO 0761514; LAO 0761515; LAO 0761516; LAO 0761517; LAO 0761518; LAO 0761519; LAO 0761520; LAO 0761521; LAO 0761522; LAO 0761523; LAO 0761524; LAO 0761525; LAO 0761526; LAO 0761527; LAO 0761528; LAO 0761529; LAO 0761530
Regular
Dec 10, 2007

EDAR Y. ROGLER vs. LAW OFFICES OF ROBERT E. JOHNSON; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed an attorney's petition seeking to remove or disqualify Judge Kacey Joseph Keating from presiding over her cases. The WCAB found the petition for removal procedurally improper and the petition for automatic reassignment untimely, as prior hearings involving the judge had occurred. Furthermore, the WCAB denied the disqualification petition because the applicant failed to provide legally sufficient grounds or a required affidavit.

WCABPetition for RemovalPetition for Automatic ReassignmentPetition for DisqualificationWCJLabor Code Section 5311WCAB Rule 10453WCAB Rule 10452Code of Civil Procedure Section 641Attorney Applicant
References
0
Case No. ADJ6861886
Regular
Feb 01, 2012

Tracy Huiras vs. Nestle USA, ACE AMERICAN INSURANCE COMPANY

This case involves a defendant's petition for reconsideration, disqualification, and removal concerning a WCJ's order compelling a claims adjuster to testify at a lien trial. The Appeals Board dismissed the petition for reconsideration as the order was not final. While the petition for disqualification was denied due to insufficient evidence of bias, the petition for removal was granted. The Board rescinded the WCJ's order compelling witness testimony, as the lien claimant bears the burden of proof and must produce their own witnesses.

WCABRemovalDisqualificationMandatory Settlement ConferenceWCJLien ClaimClaims AdjusterPetition for ReconsiderationPetition for DisqualificationPetition for Removal
References
0
Case No. ADJ8381778
Regular
Oct 18, 2012

GERALD BROWN vs. GOLDEN GATE PETROLEUM, LIBERTY MUTUAL

In this workers' compensation case, the applicant, Gerald Brown, filed a Petition for Removal and a Petition for Disqualification against Golden Gate Petroleum and Liberty Mutual. The defendants subsequently withdrew both petitions after entering into a Compromise and Release agreement. The Workers' Compensation Appeals Board dismissed both petitions as moot, as they were withdrawn and the settlement was approved by the WCJ. Therefore, no further action will be taken on the dismissed petitions.

Petition for RemovalPetition for DisqualificationCompromise and ReleaseWCJWorkers' Compensation Appeals BoardADJ8381778mootwithdrawn petitionsdismissaladministrative law judge
References
0
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