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

Case No. ADJ2798585 (MON 0241152) ADJ2723676 (MON 0241153)
Regular
Sep 21, 2011

MAXINE WIGGS vs. ALLIED SIGNAL AEROSPACE, ST. PAUL TRAVELERS INSURANCE

This case involves a Petition for Removal filed by the defendant challenging the setting of a status conference based on an allegedly improper Declaration of Readiness to Proceed to Expedited Hearing. The defendant argued the expedited hearing was requested for unauthorized surgery, which was a violation of policy. However, the defendant later conceded the surgical consult had been authorized, rendering their petition moot. The Appeals Board dismissed the petition as moot and also noted an unacceptable delay in scanning case documents into EAMS.

Workers' Compensation Appeals BoardPetition for RemovalDeclaration of Readiness to Proceed to Expedited HearingPresiding Workers' Compensation Administrative Law JudgeStatus ConferenceExpedited HearingMedical TreatmentSurgical ConsultMoot PetitionEAMS
References
Case No. ADJ11085852
Regular
Nov 02, 2018

DEONTE WALKER vs. CITY AND COUNTY OF SAN FRANCISCO, INTERCARE HOLDINGS INSURANCE SERVICES

The applicant sought removal of a Notice of Hearing alleging prejudice from a full-day trial instead of an expedited hearing for his admitted industrial injury to the psyche and stress. The Workers' Compensation Appeals Board (WCAB) denied the petition, emphasizing that removal is an extraordinary remedy requiring a showing of irreparable harm. The WCAB found that the scheduled trial was justified by the complexity and witness testimony, and an expedited hearing was not guaranteed to be earlier. Therefore, the applicant failed to demonstrate significant prejudice or irreparable harm.

Petition for RemovalIndustrial InjuryPsycheStressWCJNotice of HearingExpedited HearingFull-Day TrialSignificant PrejudiceIrreparable Harm
References
Case No. ADJ369276
Regular
Mar 21, 2012

JEREMY NEWBERRY vs. CHARGERS FOOTBALL CLUB, LLC dba SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE COMPANY c/o BERKELEY SPECIALTY UNDERWRITING MANAGERS

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal as untimely because it was filed on January 6, 2012, exceeding the January 3, 2012 deadline. Even if timely, the petition would have been denied on the merits. The petitioner failed to request automatic reassignment within the required five days of the November 15, 2011 notice of hearing. The WCAB clarified that an improper "expedited hearing" designation does not restart the reassignment clock.

WCABPetition for RemovalDismissedWCJAutomatic ReassignmentTimelinessPre-trial ConferenceExpedited HearingNotice of HearingService by Mail
References
Case No. ADJ11109361
Regular
Aug 01, 2019

KENNETH THOMPSON vs. CITY OF OAKLAND POLICE DEPARTMENT, JT2 INTEGRATED

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the judge's order dismissing the applicant's case. The WCAB found the record incomplete, lacking admitted evidence and clear articulation of issues presented at the hearing. Due to these due process concerns and the improper use of an expedited hearing for a statute of limitations issue, the case is returned to the trial level. Further proceedings will allow for proper development of the evidentiary record and a decision based on submitted evidence.

WCABPetition for ReconsiderationOrder Dismissing CaseWCJStatute of LimitationsIndustrial InjuryCumulative TraumaPolice OfficerCervical SpineExpedited Hearing
References
Case No. ADJ3823182
Regular
Dec 08, 2015

CONNA SMITH vs. SPRAY, GOULD & BOWERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied applicant's Petition for Removal because she failed to demonstrate significant prejudice or irreparable harm. While the Board treated the petition as timely filed due to issues with service of the Notice of Hearing, it found that removal was not warranted. The Board noted that the applicant requested an expedited hearing on issues that were previously taken off calendar and not adequately specified, justifying the WCJ's decision to set a status conference instead. The Board also warned the applicant about potential vexatious litigant status.

Petition for RemovalDeclaration of Readiness to ProceedExpedited HearingStatus ConferenceTimelinessProof of ServiceMail ServiceNotice of HearingWCABAdministrative Law Judge
References
Case No. ADJ4552593 (MON 0258406)
Regular
Mar 26, 2012

KIMBERLY DENOVA-JOY vs. SANTA PAULA ELEMENTARY SCHOOL DISTRICT, CIGA on behalf of FREMONT INSURANCE COMPANY in liquidation, as administered by CAMBRIDGE INTERGRATED SERVICES

This case concerns an applicant's due process claim regarding the denial of an expedited hearing for temporary disability benefits. The Workers' Compensation Appeals Board (WCAB) granted removal, finding the administrative law judge (WCJ) improperly removed the issue from the expedited hearing track. The WCAB held that the need for record development on permanent disability did not preclude an expedited hearing for temporary disability, which had been pending for over ten years. The Board rescinded the WCJ's order and returned the case for an expedited hearing.

Petition for RemovalExpedited HearingTemporary Disability IndemnityWCABWCJPWCJDue ProcessLabor Code Section 5502(b)Rule 10252(c)Permanent Disability
References
Case No. ADJ11235958
Regular
Jul 25, 2018

Scot Turknette vs. COUNTY OF SAN BERNARDINO

The Appeals Board granted removal of this workers' compensation case, rescinding the expedited hearing's cancellation. The applicant, a potential firefighter, sought an expedited hearing on entitlement to Labor Code section 4850 salary continuation benefits, which would provide full salary for up to one year, exceeding temporary and permanent disability payments. The Board found that denial of an expedited hearing for these benefits, which are paid in lieu of temporary disability, would cause significant prejudice and harm. The case is remanded for an expedited hearing on the applicant's section 4850 benefit claim.

Labor Code section 4850salary continuation benefitsfirefighter classificationexpedited hearingPetition for Removalsignificant prejudiceirreparable harmtemporary disability indemnityPresiding WCJMMI status
References
Case No. ADJ6939769
Regular
Sep 28, 2010

RONY BONILLA vs. AMERICAN TRANSPORTATION SYSTEM, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted defendant's Petition for Reconsideration, rescinding the prior Findings and Award. The Board found the original decision void *ab initio* due to the Administrative Law Judge's failure to serve the Minutes of Hearing and Summary of Evidence and issue a Notice of Intent to Submit. This procedural defect deprived the defendant of due process and the opportunity to object. The matter is returned to the trial level for further proceedings and a new decision.

WCABPetition for ReconsiderationFindings and AwardMinutes of HearingSummary of EvidenceLabor Code section 5313Board Rule 10562(a)(2)Notice of Intent to SubmitDue ProcessExpedited Hearing
References
Case No. ADJ1122368 (SJO 0223390)
Regular
Mar 24, 2015

MINH LY vs. LORAL SPACE SYSTEMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY, in liquidation

The Appeals Board granted removal and rescinded the WCJ's order taking the case off calendar, holding that the applicant is entitled to an expedited hearing regarding the denial of Lyrica prescription refills. The WCJ erred by prematurely determining that utilization review (UR) was timely and jurisdictionally barred further proceedings, without allowing evidence and a hearing. The Board emphasized that the applicant has a right to an expedited hearing to contest UR decisions, challenge their applicability, or present evidence of changed circumstances. The case was returned to the trial level for an expedited hearing and a new decision based on the record.

Utilization ReviewIndependent Medical ReviewPetition for RemovalExpedited HearingOrder Taking Case Off CalendarPrescription MedicationLyricaDue ProcessLabor Code Section 5310Dubon II
References
Case No. ADJ8914330 ADJ8914334
Regular
Oct 29, 2013

LUCIA GARCIA vs. BEST WESTERN AIRPARK HOTEL, CYPRESS INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's order allowing the applicant to self-procure medical treatment outside the defendant's MPN. The Board rescinded the order because the WCJ failed to ensure a complete record, clearly state the issues for determination, and base the decision on admitted evidence. The matter was returned to the trial level for further proceedings, as the original expedited hearing was improperly conducted without a clear agreement on issues and insufficient evidence.

Workers' Compensation Appeals BoardMedical Provider Network (MPN)Expedited HearingDeclaration of Readiness to Proceed (DOR)Objection to Declaration of ReadinessReconsiderationRescindTemporary DisabilitySelf-Procure Medical TreatmentSubstantial Evidence
References
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