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

Case No. ADJ3123745 (VNO 0551286) ADJ3791599 (VNO 0548958)
Regular
Apr 29, 2015

Steven Kroesen (Deceased), Jennifer Kroesen (Widow) vs. CITY OF TORRANCE, CITY OF LONG BEACH

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a denial of death benefits for Steven Kroesen due to a dispute over the timeliness of the applicant's petition. The applicant claims their petition was timely delivered on November 12, 2014, via FedEx, but the WCAB's records show a filing date of November 13, 2014. The WCAB has returned the case to the administrative law judge for an evidentiary hearing to determine the exact filing date and address jurisdiction to consider the merits of the claim. This hearing will resolve whether the petition was filed within the statutorily allowed timeframe, considering Veterans Day and potential delays.

Petition for ReconsiderationTimelinessJurisdictionEvidentiary HearingJoint Findings and OrderReport of Workers' Compensation JudgeSupplemental PetitionFedEx deliveryR. SolisVeteran's Day
References
6
Case No. MISSING
Regular Panel Decision

Goldlust v. Bates

In this Article 78 proceeding, the petitioner sought to annul the revocation of her appointment as a social case worker or to obtain an evidentiary hearing. Her appointment was rescinded due to suspicions of food stamp fraud, stemming from an alleged failure to report income from a part-time job. Respondents argued the rescission was a discretionary administrative act and that petitioner had no right to a prior hearing. The court, citing Board of Regents v Roth, determined that the petitioner's right to an evidentiary hearing, particularly when her reputation is affected, is comparable to that of a probationary employee. Consequently, the petition was granted in part, remanding the matter to the Department of Social Services for an evidentiary hearing within 50 days to address the allegations of food stamp regulation violations.

Article 78Probationary EmploymentDue ProcessEvidentiary HearingFood Stamp FraudRescission of AppointmentAdministrative ReviewReputationWestchester County
References
3
Case No. ADJ11136283
Regular
Apr 15, 2019

JOSE ALFREDO SOLORZA vs. STERLING MACHINERY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, THE HARTFORD

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, rescinding the WCJ's order striking the QME panel. The Board found the WCJ's order lacked an evidentiary basis, as no evidence was admitted into the record to support the premature finding. The case is returned to the trial level for further proceedings to establish a proper evidentiary record. The merits of the QME panel dispute were not decided at this stage.

Petition for RemovalQualified Medical EvaluatorQME panelpremature panel requestPetition to StrikeWCJ Orderevidentiary recordadmitted evidencesubstantial evidenceLabor Code section 4060
References
5
Case No. ADJ11802539
Regular
Dec 03, 2019

LA TONYA RIDER vs. PRIDE INDUSTRIES, NORTH RIVER INSURANCE

The Appeals Board granted removal and rescinded the WCJ's order denying a replacement QME panel. Defendant sought a replacement due to the current QME's unavailability for deposition. The Board found the original order lacked an evidentiary basis, necessitating a return to the trial level. Further proceedings will establish an evidentiary record to adjudicate the QME replacement issue, considering relevant Administrative Director Rules.

Petition for RemovalQualified Medical Evaluator paneldeposition unavailabilityevidentiary recordsubstantial evidenceAdministrative Director Rule 31.5(a)Administrative Director Rule 35.5(f)trial levelrescinded orderReturn to trial
References
4
Case No. ADJ9139200
Regular
Dec 11, 2015

MATTHEW BAKES vs. KAISER FOUNDATION HOSPITAL

The Workers' Compensation Appeals Board (WCAB) dismissed Matthew Bakes' petition for reconsideration because it was filed against a non-final order. California law requires petitions for reconsideration to be based on "final" orders that determine substantive rights, liabilities, or threshold issues, not interlocutory procedural or evidentiary decisions. The WCJ's decision at issue here only resolved an intermediate procedural or evidentiary matter. Thus, it was not a final order, and the petition was procedurally improper.

Petition for ReconsiderationNon-final orderFinal orderSubstantive rightLiabilityThreshold issueInterlocutoryProcedural decisionsEvidentiary decisionsRemoval
References
5
Case No. ADJ11563618, ADJ11563620, ADJ11563654
Regular
May 02, 2019

MARIA LUQUE VIDALES vs. FOSTER FARMS, FOSTER FARMS LIVINGSTON

The WCAB granted applicant's Petition for Removal, rescinding the WCJ's order for a replacement QME panel. The original order was issued without an admitted evidentiary record, violating the requirement for decisions to be based on substantial evidence. The case is returned to the trial level to establish a proper record and adjudicate the disputed QME issue. This decision ensures due process by requiring an evidentiary basis before significant procedural orders are made.

Petition for RemovalReplacement QME PanelUntimely Supplemental ReportDiscovery DelayIrreparable HarmSubstantial EvidenceEvidentiary RecordRescind OrderReturn to Trial LevelFoster Farms
References
6
Case No. ADJ2765298 (RIV 0026091)
Regular
Aug 13, 2010

PETE SORIA vs. FLEETWOOD ALUMINUM PRODUCTS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For RELIANCE INSURANCE, In Liquidation

The WCAB granted reconsideration and rescinded a WCJ's order awarding costs to lien claimants. The WCJ's original order lacked a proper evidentiary hearing, a summary of evidence, and an opinion explaining the grounds for the decision, violating due process and Board rules. The Board found the WCJ's subsequent attempt to rescind the order was untimely. The case is returned to the trial level for further proceedings, including an evidentiary hearing and a properly documented decision.

ADJ2765298RIV 0026091ReconsiderationLien ConferenceWCJ OrderStipulated AwardPermanent Total DisabilityRemovalRescinding OrderEvidentiary Hearing
References
1
Case No. LAO 0799368, LAO 0800603
Regular
Apr 28, 2008

ALICE B. PARKINSON vs. THE OLIVE GARDEN, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior order allowing a lien in full. The WCAB found that the administrative law judge (WCJ) failed to comply with procedural rules by not conducting an evidentiary hearing and that the defendant likely never received proper notice of the lien trial. Therefore, the case was returned to the trial level for an evidentiary hearing on the lien claim, with the WCAB also noting the defendant's potential culpability for non-appearance.

Workers' Compensation Appeals BoardReconsiderationLien TrialCompromise and ReleaseAffidavit of Defendant Re: Resolution of LiensDue ProcessEvidentiary HearingWCAB Rule 10562Notice of TrialService of Process
References
0
Case No. ADJ11230683, ADJ11233335
Regular
Sep 04, 2019

WANDA YONGE vs. LOS ANGELES COMMUNITY COLLEGE DISTRICT

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinded a prior order, and returned the case to the trial level. The WCJ had ordered a replacement QME panel because the current QME could not schedule a deposition within 120 days, a reason not explicitly listed in the regulations for a replacement panel. The Board found the WCJ's order was issued without an evidentiary record, preventing proper review. Further proceedings are required to establish an evidentiary basis for any decision regarding a replacement QME.

Petition for RemovalReplacement QME panelWCJ Order8CCR 35.5120-day deposition ruleevidentiary recordsubstantial evidenceAdministrative Director Rule 31.5(a)Mandatory Settlement ConferenceDeclaration of Readiness to Proceed
References
11
Case No. ADJ1309169 (AHM 0045971)
Regular
Jul 30, 2009

MARY PRUITT vs. CNA INSURANCE CO., AMERICAN CASUALTY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior award of attorneys' fees under Labor Code § 5814.5. The Board found the prior decision lacked a proper evidentiary record and the necessary predicate finding of increased compensation under Labor Code § 5814 required for § 5814.5 attorneys' fees. The case was returned to the trial level for further proceedings to ensure compliance with evidentiary record requirements and to re-evaluate the § 5814.5 attorneys' fees issue.

WCABReconsiderationLabor Code § 5814.5Attorneys' FeesIncreased CompensationLabor Code § 5814Findings and AwardWCJEvidence RecordMinutes of Hearing
References
1
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