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

Case No. ADJ2182003 (LAO 0783787) ADJ3261605 (LAO 0783788)
Regular
Nov 04, 2011

MARIA LOPEZ vs. GOODMAN FOOD PRODUCTS, STATE COMPENSATION INSURANCE FUND

This case involves lien claimant Dr. Gromis challenging two stipulations where his lien was purportedly settled for nominal amounts. Dr. Gromis asserts the first stipulation was unauthorized, and the second was signed under duress by his representative. The Appeals Board granted reconsideration, rescinded both orders, and returned the matter to the trial level. This action was taken due to discrepancies in the record, lack of defendant's response, and concerns about the validity of the settlement agreements.

Lien claimantPetition for ReconsiderationStipulation And OrderWCJDuressRescindedTrial LevelEAMS recordLegacy fileCompromise and Release
References
Case No. ADJ7825548
Regular
Nov 22, 2013

PERRY MASTAW vs. THE SPANOS CORPORATION, NATIONAL UNION FIRE INSURANCE COMPANY

The Applicant seeks reconsideration of a workers' compensation award, alleging fraud and duress in the stipulated settlement. The WCJ recommended granting reconsideration to allow for a hearing on these claims. However, the Appeals Board dismissed the petition as premature. The Board determined that allegations of fraud and duress require a factual hearing at the trial level to develop the record.

ADJ7825548Petition for ReconsiderationStipulations with Request for AwardFraudDuressSet Aside AwardDue ProcessFair HearingWCJ Report and RecommendationTrial Level Hearing
References
Case No. ADJ9701120, ADJ10123214, ADJ10696420
Regular
Jan 16, 2020

SANDRA GENOVESE vs. DENNY'S INC., HARTFORD INSURANCE COMPANY OF THE MIDWEST, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) rescinded a Joint Findings of Facts and Orders that had set aside a settlement agreement based on findings of duress and coercion by the applicant's former attorney. The WCAB found insufficient evidence in the record, particularly the absence of witness testimony and specific exhibits, to support a finding of duress or coercion by a preponderance of the evidence. The matter is returned to the trial level for applicant to present further evidence. Applicant's subsequent petition for reconsideration of the WCAB's decision to grant reconsideration was dismissed as moot.

Workers' Compensation Appeals BoardJoint Findings of Facts and OrdersPetition for ReconsiderationPetition for RemovalJoint Third Party-Compromise & Releaseduresscoerciongood causestipulationsettlement agreement
References
Case No. ADJ11394009, ADJ13539594
Regular
Dec 21, 2020

ARNOLDO VALLE vs. REBORN CABINETS, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration as premature. The applicant sought to overturn an approved settlement, alleging he agreed under duress. However, the WCAB found no evidence in the record to support these allegations, preventing a decision on the merits at this stage. The case is returned to the trial level for a hearing on the applicant's petition to set aside the settlement.

Compromise and ReleasePetition for ReconsiderationJoint OrderWCJpremature dismissalset aside orderduressgood causedue processaffirmative burden of proof
References
Case No. LBO 0375915 LBO 0375916 LBO 0375917
Regular
Feb 11, 2008

MARIA C. GOMEZ vs. ANGELICA TEXTILE, ZURICH AMERICAN INSURANCE COMPANY, REPUBLIC MASTER CHEF, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order approving a \$509 compromise and release for applicant Maria C. Gomez's cumulative trauma injuries. The applicant contended the settlement was based on a civil release signed under duress and that she lacked proper service of the documents. The Board found the applicant's allegations warranted further investigation, remanding the case for proceedings at the trial level.

Propria personaJoint Order Approving Compromise and ReleaseDelegated serviceCumulative trauma injuriesGeneral releaseCivil actionDuressPetition for ReconsiderationReport and RecommendationAbsence of evidence
References
Case No. ADJ11252070, ADJ11527187
Regular
Dec 04, 2018

Gregory Ruth vs. Swift Transportation

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration as premature. The applicant sought to set aside a compromise and release agreement, alleging duress and unauthorized representation in one of the case numbers. The Board found that there was insufficient evidence to assess the applicant's claims. Therefore, the matter was returned to the trial level for consideration of the applicant's claims as a petition to set aside the compromise and release.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationJoint Order ApprovingDuressSet Aside SettlementGood CauseProcedural IrregularitiesPremature PetitionTrial Level
References
Case No. ADJ4224771 (SBR 0301746)
Regular
Nov 03, 2010

ANGELINA WILSON vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

Defendant petitioned for removal after stipulating to limited discovery in an applicant's workers' compensation case involving multiple industrial injuries. The Appeals Board denied the petition, finding no good cause to relieve defendant of its stipulation. The Board reasoned that defendant's claim of duress was unfounded, as they were not forced into the stipulation. Furthermore, the case had not yet proceeded to trial or submission for decision, precluding a determination that the medical record was deficient.

Petition for RemovalStipulationLimited DiscoveryAgreed Medical Evaluators (AMEs)Reopening DiscoveryChange of VenueConcealed RecordsPrior CounselDuressGood Cause
References
Case No. ADJ7845980
Regular
Oct 18, 2011

STEPHEN ZIMMERMAN vs. CITY AND COUNTY OF SAN FRANCISCO

The Appeals Board granted reconsideration of the applicant's pro per petition, staying the Stipulations and Award and returning the matter for further proceedings. The Board dismissed the former attorney's petition as moot and will allow applicant to argue the stipulation was entered into under duress and without full knowledge of his rights. The Board also noted ambiguities in the stipulation regarding the cervical MRI and the need to address temporary disability indemnity.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations and AwardMedical Provider Network (MPN)DuressTemporary Disability IndemnityExpedited HearingDeclaration of Readiness (DOR)Continuity of CareGood Cause
References
Case No. ADJ1702197
Regular
Oct 01, 2012

LUIS CARDOZO vs. KOOS FASHION dba CDK FASHION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a lien claimant's petitions for reconsideration, removal, and disqualification of the administrative law judge. The claimant, Beverly Hills Center for Arthroscopic and Outpatient Surgery, argued the judge improperly approved a global settlement for $375,000, claiming duress, lack of due process, and inadequate compensation. The Board found the WCJ's reports adequately addressed these contentions and upheld the settlement approval.

Lien ClaimantReconsiderationRemovalDisqualificationWCJGlobal SettlementDuressDue ProcessAdequate CompensationBias
References
Case No. ADJ8981934
Regular
Jul 19, 2017

GEORGE GARCIA vs. CBS TV CITY

The Workers' Compensation Appeals Board denied George Garcia's Petition for Reconsideration of an Order Approving Compromise and Release. The Board found the petition to be skeletal and lacking the specific factual and legal arguments required by statute and board rules. Furthermore, there was no indication of fraud, duress, or other grounds to set aside the compromise and release agreement. Therefore, reconsideration was denied as the petition failed to demonstrate any injustice or unlawful basis for relief.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code § 5902Cal. Code Regs. tit. 8 § 10842Cal. Code Regs. tit. 8 § 10846Cal. Code Regs. tit. 8 § 10852Skeletal PetitionMaterial EvidenceSpecificity to RecordCompromise and Release
References
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