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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
Case No. ADJ8534435
Regular
Jan 11, 2013

RONALD EHMAN vs. AMERICAN CIVIL CONSTRUCTORS, OLD REPUBLIC INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because venue orders are not considered final. The Board also denied the defendant's Petition for Removal, finding the WCJ properly transferred venue to the Oakland District Office. This decision was based on the applicant's residence in Solano County and the injury occurring in Contra Costa County, neither of which have district offices, and Oakland being the nearest office to the injury site. The defendant failed to demonstrate irreparable harm would result from the venue change.

VenueReconsiderationRemovalLabor Code section 5501.5District OfficeApplicant ResidenceInjury LocationContra Costa CountySolano CountyOakland District Office
References
Case No. ADJ7479879
Regular
Feb 21, 2014

Gregory Foster vs. Toronto Raptors, Chubb Group Insurance (Federal Insurance Company), Milwaukee Bucks, Los Angeles Lakers, TIG Insurance Company

This case involves a remand from the Court of Appeal for the Workers' Compensation Appeals Board (WCAB) to award additional attorney fees to the applicant's attorneys. The Court of Appeal's order, which has become final, was based on services rendered in connection with the defendant's petition for a writ of review. The WCAB determined that $3,500.00 is a reasonable fee, considering the attorney's efforts, the appellate outcome, and the complexity of the work. Consequently, the Board awarded this amount for appellate attorney fees against the defendant Toronto Raptors, insured by Federal Insurance Company.

Workers' Compensation Appeals BoardLabor Code § 5801Petition for Writ of Reviewappellate attorney's feessupplemental awardremandCourt of AppealFourth Appellate DistrictDivision 3Employers Mutual Liability Insurance Company v. Workers' Comp. Appeals Bd. (Rodriguez)
References
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
Case No. ADJ8621726
Regular
Feb 27, 2020

LEONARD DE LA ROSA vs. KLOECKNER USA HOLDINGS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Fourth District Court of Appeal remanded this case for the Appeals Board to award supplemental attorney fees to the applicant's attorneys for services rendered in opposing the defendant's petition for writ of review. The applicant's attorneys requested over $40,000.00 based on their time and hourly rates, citing the complexity of the case, specifically concerning permanent disability apportionment. After reviewing the submissions and considering the factors for reasonable appellate fees, the Board awarded $32,500.00, finding some billed time appeared clerical or not directly related to the appellate answer. This award is in addition to any compensation payable to the applicant.

Labor Code § 5801Attorney's feesPetition for Writ of ReviewFourth District Court of AppealAppeals BoardSupplemental awardReasonable attorney feesApplicant's attorneysTime itemizationsSworn declarations
References
Case No. ADJ9908969
Regular
Aug 28, 2015

MICHAEL MCGRATH vs. OAKLAND UNIFIED SCHOOL DISTRICT, HAZELRIGG CLAIMS MANAGEMENT SERVICE

This case involves a dispute over venue for a workers' compensation claim. The employer, Oakland Unified School District, sought to transfer the case from Oxnard to Oakland, arguing the applicant resides and was injured in Oakland's jurisdiction, despite the application initially being filed in Oxnard based on the applicant's attorney's principal place of business. The Workers' Compensation Appeals Board (WCAB) granted removal, rescinding the judge's denial of the venue change. The WCAB found the judge applied the wrong legal standard and that the employer's objection to venue, made pursuant to Labor Code section 5501.5(c), mandated a transfer to Oakland.

Petition for RemovalOrder Denying Change of VenueWCJsubstantial prejudiceirreparable harmreconsiderationWCAB District OfficeOakland WCAB District OfficeOxnard WCAB District Officevenue transfer
References
Case No. ADJ10053885
Regular
Dec 24, 2015

MARK NEVITT vs. PARAMOUNT PAINTING, MARKEL SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning an order denying a change of venue. The WCAB found that venue was proper in Santa Barbara because the applicant resides and his attorney's principal place of business is located there. The Board determined that the Santa Barbara office provides the same essential services as other district offices, making it a valid location for venue under Labor Code section 5501.5. Consequently, the case venue was transferred to the Santa Barbara District Office.

Petition for RemovalOrder Denying Change of VenueLabor Code Section 5501.5VenueDistrict OfficeSanta Barbara District OfficeSan Luis Obispo District OfficeApplicant's ResidencePlace of InjuryAttorney's Principal Place of Business
References
Case No. ADJ6773331 ADJ7296677
Regular
Dec 11, 2015

REHAN NAZIR vs. CITY OF TORRANCE POLICE DEPARTMENT, CITY OF TORRANCE

This case involves a remand from the Court of Appeal to the Workers' Compensation Appeals Board (WCAB) for the award of attorney's fees. Applicant's counsel successfully responded to the defendant's Petition for Writ of Review, prompting the appellate court's order. The parties have stipulated to a reasonable fee of $10,000 for these appellate services. The WCAB has issued an award of this $10,000 in additional attorney's fees to the Law Offices of Lawrence R. Whiting, payable to the applicant's counsel in addition to any other compensation.

Workers' Compensation Appeals BoardRehan NazirCity of Torrance Police DepartmentADJ6773331ADJ7296677Long Beach District OfficeOpinion and AwardAdditional Attorney's FeesLabor Code § 5801Labor Code § 5811
References
Case No. ADJ3341185 (SJO 0254688)
Regular
Jan 07, 2011

JOYCE GUZMAN vs. MILPITAS UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

This case concerns an award of appellate costs to the applicant, Joyce Guzman. The Court of Appeal affirmed the Appeals Board's decision and the Supreme Court denied the defendant's petition for review. Following this, the Court of Appeal issued a remittitur awarding costs to the applicant under Labor Code section 5811. The applicant requested $2,686.60 in appellate costs, which the Appeals Board found reasonable and awarded.

Workers' Compensation Appeals BoardMilpitas Unified School DistrictKeenan & AssociatesAppellate CostsLabor Code § 5811Court of AppealRemittiturPetition for ReviewItemized RequestReasonable Costs
References
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