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

Case No. ADJ4475762 (OAK 0347942)

Regular

Apr 28, 2016

GARY WHITLEY vs. EBMUD

In Whitley v. EBMUD, the Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a February 18, 2016 decision. The WCAB found it necessary to grant reconsideration to fully study the factual and legal issues to ensure a just and reasoned decision. All future correspondence related to the petition must be filed directly with the WCAB Commissioners and not with district offices or e-filed in EAMS. Pending the WCAB's decision after reconsideration, trial level documents not related to the petition will continue to be processed, but proposed settlements require prompt notification to the Appeals Board as a WCJ cannot act on them during reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management SystemWCJSettlement

References

Case No. ADJ2703329 (OAK 0339383)

Regular

Oct 01, 2008

LUZVIMINDA U. SENAS vs. EBMUD and SEDGWICK CLAIMS MANAGEMENT, US Bank and Travelers

The applicant, Luzviminda U. Senas, filed petitions to disqualify Judge Valerie M. Sauban and for automatic reassignment, alleging bias and prejudice. The Workers' Compensation Appeals Board denied both petitions, finding no evidence of bias in the judge's past rulings and noting that the reassignment petition was premature as the case was not yet set for trial. The Board concluded that the judge acted fairly and impartially in prior proceedings.

WCABDisqualificationReassignmentAdministrative Law JudgeSerious and Willful MisconductLabor Code Section 132aIndustrial InjuryPetition for ReconsiderationAffidavitDeclaration Under Penalty of Perjury

References

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GARY WHITLEY vs. EBMUD

LUZVIMINDA U. SENAS vs. EBMUD and SEDGWICK CLAIMS MANAGEMENT, US Bank and Travelers

WCABDisqualificationReassignmentAdministrative Law JudgeSerious and Willful MisconductLabor Code Section 132aIndustrial InjuryPetition for ReconsiderationAffidavitDeclaration Under Penalty of Perjury