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Case Law Database

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

Case No. ADJ188649 (LBO 0289923) ADJ668755 (LBO 0252821)
Regular
Jan 30, 2009

VERNITA CAREY vs. LONG BEACH UNIFIED SCHOOL DISTRICT, TRISTAR

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior WCJ decision because the official case file was lost. The matter is returned to the trial level for file reconstruction and a new decision by the WCJ. This process aims for efficiency at the trial level while preserving parties' rights to future reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeMissing FileRescind DecisionReturn to Trial LevelReconstruct FilePleadingsIssue DecisionAggrieved Party
References
0
Case No. VNO 425189
Regular
Dec 31, 2007

ROBERT ELSON vs. COUNTY OF LOS ANGELES

Due to a lost or missing official file, the Workers' Compensation Appeals Board granted reconsideration and rescinded the previous decision. The case is returned to the trial level for file reconstruction by the parties, after which a new decision will be issued. This procedural step ensures fairness and efficiency while preserving the right to future appeals.

Workers' Compensation Appeals BoardReconsiderationWCJMissing FileRescind DecisionReconstruct FileTrial LevelFurther ProceedingsRobert ElsonCounty of Los Angeles
References
0
Case No. SFO 0484956
Regular
Dec 10, 2007

LEANNE TAM vs. FAIRMONT HOTEL, ATHENS ADMINISTRATORS

This case concerns a lien claimant's attempt to testify at trial regarding the reasonableness of medical treatment. The Workers' Compensation Appeals Board denied the claimant's petition for removal, upholding the administrative law judge's decision to strike the witness. The Board reasoned that workers' compensation proceedings favor written medical reports over live testimony to ensure efficiency and substantial justice.

Petition for RemovalLien ClaimantTestimonyMandatory Settlement ConferenceWCAB Rule 10606Medical ReportsDirect ExaminationGood CauseSubstantial JusticeDue Process
References
6
Case No. ADJ8931511
Regular
Sep 04, 2014

DOUGLAS FEUTZ vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied the applicant's petition for removal, affirming the WCJ's decision. The applicant's attorney objected to a supplemental QME report being untimely, but did not request a new QME panel until after reviewing the report. The Board found this action constituted a waiver of the objection because the request was not made contemporaneously with the objection to the violation. Allowing such a delay would undermine efficient dispute resolution and permit doctor shopping.

Petition for RemovalSupplemental ReportPanel Qualified Medical EvaluatorPQMEMedical UnitReplacement QME PanelTimely Supplemental ReportProcedural ViolationWaiverDoctor-Shopping
References
2
Case No. ADJ11398920, ADJ10879061
Regular
Jan 17, 2020

DANIELA SCHMIDT vs. CONTRA COSTA COURT, JBWCP

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal and Petition for Disqualification. The WCAB found that removal was not warranted as the applicant failed to demonstrate substantial prejudice or irreparable harm. Furthermore, the Petition for Disqualification was denied because it lacked specific factual allegations to support claims of judicial bias or an unqualified opinion by the WCJ. The WCAB also noted that discovery disputes were hindering the efficient resolution of the case.

Petition for RemovalPetition for DisqualificationWCJAppeals Boardsubstantial prejudiceirreparable harmreconsiderationgrounds for disqualificationCode of Civil Procedure section 641unqualified opinion
References
10
Case No. ADJ4278917 (VNO 0546068)
Regular
Mar 24, 2009

DEANNA MURRAY vs. INTUIT, INC, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board rescinded two trial-level orders that suspended proceedings and barred benefits for the applicant's failure to attend a deposition. The Board found no legal authority for such orders, distinguishing them from procedures for medical examinations. The case is returned to the trial level for a conference to resolve the deposition issue and any disputes regarding the applicant's ability to travel for medical evaluations. The Board expressed frustration with the parties' inability to resolve these matters efficiently.

Workers' Compensation Appeals BoardReconsiderationDepositionBarred BenefitsSuspended ProceedingsVoid OrdersMedical ExaminationLabor CodeAgreed Medical EvaluatorTravel Distance
References
1
Case No. ADJ13302605; ADJ15813943
Regular
Mar 07, 2023

MATTHEW WARE vs. ARIZONA CARDINALS FOOTBALL CLUB, LLC, GREAT DIVIDE INSURANCE COMPANY C/O BERKLEY ENTERTAINMENT

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, reversing the WCJ's order to set the case for a Mandatory Settlement Conference on all issues. The Board found good cause to bifurcate and try the threshold issues of California subject matter and personal jurisdiction first. Bifurcating these jurisdictional issues is deemed more efficient, as a favorable ruling for the defendant would avoid further litigation. This decision prioritizes an expedited resolution of jurisdiction to facilitate the prompt delivery of potential benefits.

Petition for RemovalMandatory Settlement ConferenceBifurcationJurisdictionSubject Matter JurisdictionPersonal JurisdictionSpecial AppearanceDeclaration of ReadinessDiscoveryGood Cause
References
1
Case No. ADJ2505407 (LAO 0854803)
Regular
Jan 18, 2011

REBECCA MARCELO vs. CITRUS VALLEY HEALTH PARTNERS, TRAVELERS INSURANCE COMPANY

The Appeals Board granted reconsideration of a WCJ's decision that disallowed a lien claimant's services, finding they were not reasonably required. The lien claimant argued the WCJ erred by proceeding without its representative present and failing to consider evidence. The Board agreed, adopting the WCJ's report which highlighted the need for parties to be prepared at all stages to manage lien claims efficiently. The matter was returned to the trial level for further proceedings and a new decision, with potential sanctions for the lien claimant's unpreparedness.

Petition for ReconsiderationLien claimantWCJ decisionindustrial injurycumulative traumaPhysician PartnerPinnacle Lien Servicesdisallowed liencourt reporterPetition for Reconsideration
References
0
Case No. ADJ2521387; ADJ1207282; ADJ7298236; ADJ8134747; ADJ9045908
Regular
202073-11-0

Stephanie Fitzpatrick vs. City of Inglewood, PSI

The Workers' Compensation Appeals Board denied the defendant's petition for removal, finding no substantial prejudice or irreparable harm. The petition challenged an administrative law judge's order to take cases off calendar to allow for updated medical reports regarding a newly filed fifth date of injury. This decision was made to ensure medical evidence adequately addressed apportionment and other issues related to all alleged injuries. The Board adopted the judge's reasoning that this measure facilitates a more efficient and accurate resolution.

Workers' Compensation Appeals BoardPetition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable InjuryAdministrative Law JudgeApplication for AdjudicationSpecific InjuryCumulative TraumaPanel Qualified Medical Examiner
References
3
Case No. ADJ4266841 (OAK 0303570)
Regular
Jun 01, 2010

CARLINDA RANDLE-LOVE vs. KAISER HOSPITAL, KAISER OAKLAND

The Workers' Compensation Appeals Board granted applicant Carlinda Randle-Love's petition for removal. The Board rescinded the administrative law judge's order closing discovery and setting the case for trial, recognizing that multiple applications for cumulative trauma injuries may be interrelated. The matter was returned to the trial level for a conference to assess the status of all claims and determine the most efficient resolution, potentially including consolidation. This ensures that disability and treatment needs are properly delineated across all alleged industrial injuries.

Petition for RemovalDecision After RemovalCumulative TraumaIndustrial InjuryPermanent and StationaryMedical TreatmentPrejudicialMultiple ApplicationsConcurrent EmploymentCompromise and Release
References
3
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