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

Case No. ADJ3858007 (SBR 0314079)
Regular
May 26, 2016

RONALD STEFFY vs. H STREET COLLISION CENTER, INC., FARMERS INSURANCE

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal of an Order Vacating Submission. The judge vacated submission to further develop the record due to insufficient evidence, finding the Agreed Medical Examiner's opinions unpersuasive after reviewing medical records and sub rosa video evidence. The Board found the order did not cause significant prejudice or irreparable harm, as it allows for a complete adjudication of issues, including medication usage and permanent disability. Further medical-legal examinations were ordered to develop a record capable of supporting findings on impairment and causation.

Petition for RemovalOrder Vacating SubmissionAgreed Medical Examiner (AME)McDuffieLabor Code section 5701sub rosa videoinsubstantial evidencepermanent disabilitycausationvocational rehabilitation
References
5
Case No. MISSING
Regular Panel Decision

Bell Aircraft Corp. v. Siegler

The court affirmed both the final and intermediate orders without costs in this matter. The case primarily involved an appeal from an order that had found several defendants guilty of criminal contempt of court. Additionally, the appeal also addressed an order which denied a motion seeking to resettle an order of commitment. Furthermore, a motion to vacate and perpetually stay the orders of commitment was also denied. All presiding judges concurred with the decision.

Criminal ContemptOrder of CommitmentResettlement MotionVacate MotionStay OrdersAppellate ReviewOrder AffirmedJudicial Concurrence
References
1
Case No. ADJ9202952
Regular
Nov 05, 2018

MARIA LOPEZ vs. KELLERMEYER BERGENSON SERVICES, LLC, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The WCAB dismissed the defendant's Petition for Reconsideration of an Order Vacating, finding the order was not a final decision. However, it granted the defendant's Petition for Removal of that same Order Vacating, deeming it untimely under WCAB Rule 10859. Consequently, the WCAB vacated the Order Vacating, restoring the original July 5, 2018 Findings of Fact. The WCAB also dismissed the lien claimant's Petition for Removal, affirming the July 5, 2018 Findings of Fact which held the lien claimant bound by prior causation findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder VacatingFindings of FactAdministrative Law JudgeLien ClaimantSubstantial PrejudiceIrreparable HarmFinal Order
References
0
Case No. ADJ892953 (LAO 0863530) ADJ4178497 (POM 0234792)
Regular
Jul 02, 2012

FELICIDAD MCINTOSH vs. GOLDEN STATE FOODS, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was filed against a non-final order vacating the Order of Submission. The WCAB also denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm. The WCJ vacated the submission to allow for the development of the record regarding apportionment, which was inadequately addressed in the agreed medical examiner reports. The WCAB clarified that reconsideration is only available for final orders, and removal is an extraordinary remedy reserved for cases demonstrating substantial prejudice or irreparable injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Vacating Order of SubmissionAgreed Medical Evaluator (AME)CausationApportionmentBurden of ProofFinal OrderSubstantive Rights
References
5
Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. ADJ11225851
Regular
Oct 18, 2019

SUZAN ELSHAMI vs. C & A RESTAURANTS INC.; SAFETY NATIONAL CASUALTY CORPORATION, administered by BROADSPIRE

This case involves an applicant challenging a WCJ's decision regarding a Medical Provider Network (MPN) issue. The Appeals Board granted reconsideration solely to amend the order vacating submission, instructing further record development without vacating submission. The Board affirmed the WCJ's finding of injury AOE/COE, a threshold issue, while deeming the MPN development order interlocutory. The Board clarified that for MPN compliance, the network only needs at least three available primary treating physicians of an appropriate specialty within access standards.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalVacating SubmissionFurther Development of RecordThreshold IssueFinal DecisionInterlocutory IssueInjury Arising Out of and in the Course of Employment (AOE/COE)Medical Provider Network (MPN)
References
7
Case No. ADJ9496892
Regular
Sep 15, 2025

JUNE JONES vs. CALIFORNIA SPECIAL PATROL, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Applicant's attorney sought reconsideration of an Order Rescinding Submission, Order Vacating Finding and Order, and Order to Develop the Record dated June 27, 2025, arguing further record development was unnecessary. The Workers' Compensation Judge (WCJ) recommended dismissal of the reconsideration petition and denial if treated as a petition for removal. The Appeals Board timely acted on the petition but noted issues with notice of transmission to the parties. They dismissed the petition for reconsideration, deeming the underlying order non-final, and denied the petition for removal, finding no substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Rescinding SubmissionFindings and OrderLabor Code section 5909Transmission of CaseElectronic Adjudication Management SystemNotice of TransmissionFinal Order
References
8
Case No. MISSING
Regular Panel Decision

Braun v. Carey

This case involves an appeal by defendants from an order denying their motion to vacate a summary judgment previously granted to the plaintiff. The plaintiff sued for legal services, and the defendants initially denied retainer and services, though their answer contained an inadvertent admission. After the plaintiff obtained summary judgment, the defendants sought to vacate it, arguing they were denied the opportunity to respond to late-served reply affidavits and that triable issues of fact existed regarding the retainer and the extent of services. The Supreme Court denied the defendants' motion to vacate, but the appellate court reversed, finding that genuine issues of material fact were indeed present, making summary judgment inappropriate. Consequently, the appellate court granted the defendants' motion to vacate the original order and allowed them leave to serve an amended answer.

AppealSummary JudgmentMotion to VacateAmended AnswerTriable Issues of FactLegal ServicesRetainer AgreementProcedural ErrorAppellate ReviewCivil Practice Rules
References
0
Case No. ADJ3218661 (OAK 0339889)
Regular
Feb 07, 2011

CHANCE ROLLINS vs. JOHN MARTIN STABLES, INC.; AMERICAN HOME ASSURANCE administered by AIG, CLAIMS SERVICES

The Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petition for reconsideration, finding the WCJ's ruling was not a final order. However, the Board granted removal, rescinded the WCJ's order, and denied the applicant's request for a neurology consultation under Labor Code §4601(a). The matter was returned to the trial level with instructions to issue an order for a new QME panel in neurology, as Dr. Jamasbi's request for a consultative neurological evaluation constituted good cause for a new panel under 8 Cal. Code Regs. §31.7. Attorney fees for the ex parte communication were upheld.

WCABPetition for ReconsiderationPetition for RemovalLabor Code 4601(a)Labor Code 4062.3QMEAgreed Medical EvaluatorNeurological ConsultMedical DirectorSpecialty Panel
References
0
Case No. POM 0264727POM 0267166
Regular
Aug 19, 2008

CELIA MUNOZ vs. THE TOWN CLUB, CALIFORNIA INDEMNITY INSURANCE COMPANY/GAB ROBINS

Here's a summary of the provided case excerpts: In *Fiducia*, the Appeals Board granted reconsideration and found applicant sustained industrial injuries but had failed to attend medical exams and hearings, leading to dismissal for good cause. The Board vacated the prior dismissal and remanded for further development of the record, acknowledging that the applicant's failure to attend examinations and hearings warranted dismissal. However, due to lack of current medical evidence, the Board vacated the dismissal and returned the case to the trial level to allow applicant to attend examinations and hearings. In *Munoz*, the defendant sought reconsideration of an order vacating submission and returning the case to the trial calendar to further develop the evidentiary record concerning a lien claimant's charges. The Appeals Board dismissed the petition for reconsideration as it was not from a final order and denied the petition for removal, finding no showing of irreparable harm or significant prejudice. The Board emphasized that interlocutory orders to further develop evidence are not subject to reconsideration.

WCABindustrial injurypsycheTMJnasal traumateethblood pressuredismissalgood causetemporary disability
References
12
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