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

Case No. ADJ2269333 (LAO 0800554) ADJ1939621 (LAO 0800552)
Regular
Jan 23, 2020

DEVILLE, DEE vs. BOEING COMPANY, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA

The Workers' Compensation Appeals Board (WCAB) denied Dee Deville's petition to disqualify the administrative law judge (WCJ). Deville alleged bias and an inability to receive a fair trial without a new judge. The WCAB adopted the WCJ's recommendation, finding that the petition lacked specific facts to support the bias claim, adhering to precedent that mere conclusions are insufficient. Additionally, the WCAB admonished the applicant for improperly filing supplemental pleadings and redundant documents.

Petition for DisqualificationWorkers' Compensation Appeals BoardAdministrative Law JudgeBiasFair OutcomeSupplemental PleadingsWCAB Rule 10964Report and RecommendationAdjudication FileWCAB Rule 10945(c)
References
Case No. ADJ3367486 (RIV 0016856) ADJ281670 (RIV 0008214) ADJ2292739 (RIV 0003259)
Regular
Feb 03, 2016

ROBERT O'NEAL vs. L.A. COUNTY FAIR ASSOCIATION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA)

The Workers' Compensation Appeals Board (WCAB) has granted the applicant's petition for reconsideration in the case of Robert O'Neal v. L.A. County Fair Association and CIGA. This reconsideration is granted to allow for further study of the complex factual and legal issues presented. The WCAB needs a complete understanding of the record to issue a just decision. All future filings related to the petition must be submitted directly to the WCAB Commissioners' office, not to any district office.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)Proposed SettlementWCJ
References
Case No. ADJ4132514 (SAC 0199422) ADJ187940 (SAC0199423)
Regular
Jan 07, 2009

ERNEST HOLMES vs. THE HUNTINGTON GROUP and INDUSTRIAL INDEMNITY COMPANY/FREMONT INSURANCE COMPANY, in liquidation and adjusted by CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

Applicant's petition for disqualification of WCJ Robert T. Thiessen is denied. The WCJ is found to be fair and objective, and best positioned to resolve future disputes.

Workers' Compensation Appeals BoardPetition for DisqualificationLabor Code Section 5311WCAB Rule 10452Declaration of ReadinessExpedited HearingJudge Robert T. ThiessenBiasReconsiderationFair Hearing
References
Case No. ADJ8188717
Regular
Mar 18, 2019

DANIEL CANO vs. A FRAME, EMPLOYERS COMPENSATION INSURANCE COMPANY

Lien claimants Majzel and Premium seek reconsideration after their 2012 and 2016 liens were dismissed for failure to pay activation fees and potentially being untimely. While the Board affirms dismissal of the 2012 liens, they grant reconsideration to amend the findings. The timeliness of the 2016 liens is now deferred, ensuring due process and a fair hearing before any final determination is made.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationFindings and DecisionNotice of Intention to Impose SanctionsWCJActivation FeeDismissed by Operation of LawCode of Civil Procedure Section 473(b)Mistake and Inadvertence
References
Case No. ADJ10368358
Regular
Jan 07, 2018

MICHAEL WYANT vs. GEA MECHANICAL EQUIPMENT US, INC., ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration of an order denying his request to rescind a stipulated award. The Board found that the applicant was entitled to a hearing on his petition and that the original order lacked the required factual basis and reasoning. Consequently, the Board rescinded the denial order and returned the case to the trial level for further proceedings. This ensures the applicant receives a fair hearing and a decision supported by the record.

Petition for ReconsiderationStipulation with Request for AwardAwardPetition to RescindDEU ratingpermanent disabilityAME ReportDr. Mandeldue processfair hearing
References
Case No. ADJ4207158 (LAO 0879876) ADJ4078088 (LAO 0879877)
Regular
Feb 18, 2011

MARIA ANDRADE vs. DIAMOND CONTRACT SERVICES

In *Andrade v. Diamond Contract Services*, the Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal. The WCAB overturned a prior order that had denied the defendant's request to have the applicant examined by their vocational expert. The Board found that fundamental fairness, through mutual discovery, required the applicant to submit to the evaluation. Therefore, the WCAB rescinded the prior order and directed the applicant to be examined by the defendant's vocational expert.

Petition for RemovalVocational ExpertRebuttal EvidenceDue ProcessLabor Code Section 5704DiscoveryFundamental FairnessAgreed Medical EvaluatorKeith WilkinsonCarmen Roman
References
Case No. ADJ747812 (LAO 0828642)
Regular
Apr 25, 2013

BENITO ALVARADO vs. GROSS EGG RANCH, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration in the case of Benito Alvarado v. Gross Egg Ranch and State Compensation Insurance Fund. The WCAB found the petition to be untimely and also subject to denial for failing to fairly state material evidence as required by WCAB Rule 10842(a). Specifically, the lien claimant's assertion that the case was never on calendar was contradicted by the electronic record. Therefore, the petition was dismissed.

Petition for ReconsiderationUntimelyWCAB 10842(a)Material EvidenceFair StatementEAMSEvents RecordCommunications RecordLien ClaimantDismissed
References
Case No. ADJ11361823 ADJ11362378
Regular
Aug 02, 2019

ELLIE OLIVER-HORIST vs. WESCOM CREDIT UNION, FEDERAL INSURANCE COMPANY, CHUBB GROUP

The Appeals Board granted reconsideration and rescinded the WCJ's Findings and Order finding no injury AOE/COE. The applicant, who was unrepresented at the time of the original trial, claimed she missed it due to recovery from heart surgery and alleged her former attorney's misconduct. The Board determined that, based on the WCJ's statement that a continuance would have been granted if aware of the applicant's medical condition, a fair hearing was not afforded. The case is returned for further proceedings, allowing the applicant to present her case.

Petition for ReconsiderationJoint Findings and OrderWorkers' Compensation Appeals BoardAOE/COEcontinuancefiduciary dutiesdue processfair hearingheart surgerypro per
References
Case No. ADJ8812885 ADJ10587799 ADJ10587800
Regular
Jun 11, 2018

DINNA DEESE vs. TWIN RIVERS UNIFIED SCHOOL DISTRICT, SCHOOLS INSURANCE AUTHORITY

The applicant sought reconsideration of an approved Compromise and Release, alleging coercion and new medical evidence. The WCJ recommended granting reconsideration to allow for a hearing on these issues. However, the Appeals Board dismissed the petition, finding that the applicant's claims of duress and new evidence require factual development at the trial level. The Board emphasized that due process requires a fair hearing with the opportunity to present evidence, and these matters are best addressed by the WCJ through a hearing.

Petition for ReconsiderationCompromise and ReleaseCoercionNew Medical EvidenceDue ProcessFair HearingWCJ ReportTrial LevelSet AsideDuress
References
Case No. ADJ9237052
Regular
Apr 12, 2019

ANGELICA BERMUDEZ vs. JACK IN THE BOX, Administered by GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted the petitioner's (Tower Imaging) Petition for Removal, rescinded the WCJ's prior order, and returned the matter for further proceedings. The WCJ had rejected Tower Imaging's petition for non-IBR dispute resolution due to its failure to appear at a lien conference. The Board found that Tower Imaging was denied due process and a fair hearing. The Board also admonished Tower Imaging's representative for misleading statements in the petition.

Petition for RemovalOrder Rejecting Petition for Non-IBR DisputeDue ProcessFair HearingSubstantial JusticePetition for DeterminationLien ConferenceWCJWorkers' Compensation Appeals BoardCompromise and Release
References
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