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

Case No. ADJ1229350 (MON 0254127) ADJ4167799 (MON 0254128)
Regular
Jul 09, 2009

ANGELA HURTAULT vs. HEALTHCARE SERVICES GROUP, ZURICH AMERICAN INSURANCE

This case concerns a lien claimant's petition for reconsideration and/or removal. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming the administrative law judge's (WCJ) prior order. The WCJ had found the lien claimant engaged in egregious and frivolous tactics, warranting sanctions and attorney's fees for the defendant. The WCAB adopted the WCJ's report, finding no extraordinary circumstances to justify removal. Therefore, the WCAB dismissed the removal petition and denied reconsideration.

Workers' Compensation Appeals BoardLien ClaimantPetition for RemovalPetition for ReconsiderationAdministrative Law JudgeSanctionAttorney's FeesLabor Code Section 5310Extraordinary RemedySignificant Prejudice
References
2
Case No. ADJ11536236
Regular
Nov 08, 2019

GILBERTO ROMAGNOLO vs. UBER TECHNOLOGIES, INC.; OLD REPUBLIC as administered by BROADSPIRE

Defendant Uber Technologies sought reconsideration or removal of an order denying their petition to dismiss applicant Romagnolo's workers' compensation claim based on res judicata. The Appeals Board dismissed the reconsideration petition, finding the order non-final and interlocutory. The Board also denied the removal petition, deeming it an extraordinary remedy not warranted by alleged prejudice. The Board admonished Uber and its counsel for pursuing a frivolous litigation strategy, noting a similar prior dismissal.

Res JudicataPetition to DismissPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueSubstantial PrejudiceIrreparable Harm
References
15
Case No. ADJ460672 (SFO 0499592) ADJ1224818 (SFO 0499593)
Regular
Feb 17, 2009

HAMID KHAZAELI vs. SPEDIA. COM and SYSMASTER CORPORATION, GREAT AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because the order being challenged was procedural and not a final appealable order. The Board also denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm justifying this extraordinary remedy. The applicant's arguments regarding rescinded orders, discovery abuse, and due process were unaddressed as the procedural nature of the order precluded review. The Board cautioned the applicant against filing frivolous petitions, warning of potential sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalInterlocutory OrderProcedural OrderFinal OrderLabor Code section 5900Substantive RightsDiscovery IssuesAbuse of Discovery
References
5
Case No. ADJ3871921 (VNO 0465854) ADJ1014317 (VNO 0465855)
Regular
May 11, 2010

YOLANDA CASSANOVA vs. NORCO DELIVERY SERVICE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For CALIFORNIA COMPENSATION, In Liquidation

The Appeals Board denied the applicant's petition for reconsideration, finding she is not entitled to vocational rehabilitation benefits as they were not vested by the January 1, 2009 deadline. The Board granted CIGA's petition for reconsideration, reversing the WCJ's finding of bad faith and sanctions against CIGA. CIGA's appeal of the rehabilitation unit's determination was deemed a legitimate exercise of its due process rights, not a frivolous delay tactic. Therefore, the applicant takes nothing by way of her petition for sanctions.

California Insurance Guarantee AssociationCIGAvocational rehabilitation benefitsLabor Code Section 5813bad faith tacticsdelayreconsiderationFindings and OrderPetition for Sanctionscompromise and release
References
1
Case No. ADJ353821 (VNO 0385973)
Regular
Dec 13, 2010

ALAN CRONIN vs. MEDICAL DATA ELECTRONICS, TRAVELERS DIAMOND BAR

This case involves an employer's petition for reconsideration of an order denying their request to depose the applicant's wife and imposing sanctions for a frivolous filing. The employer argued the deposition was necessary to investigate falls from the applicant's wheelchair and potential subrogation, but the Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's decision. The WCAB found no good cause for the deposition, deeming the petition frivolous due to the lack of evidence supporting the employer's claims and the applicant's testimony that he was not injured from the fall. Therefore, the WCAB denied the employer's petition for reconsideration and upheld the sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderDepositionProtective OrderSanctionsLabor Code section 5813Frivolous PetitionCaregiver ServicesSubrogation
References
0
Case No. ADJ8988577
Regular
Jan 03, 2015

GUILLERMINA AGUILAR vs. CERTIFIED CONCIERGE SERVICES/OASIS OUTSOURCING

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of a trial setting order, finding it was not a final order. The WCAB also denied the defendant's petition for removal, finding no significant prejudice or irreparable harm from proceeding to trial on injury AOE/COE. However, the WCAB granted removal on its own motion to issue a notice of intent to sanction the defendant and defense counsel for filing a frivolous petition in bad faith, potentially imposing up to \$1,500 plus costs. The Board cited prior similar findings against the same defendant and counsel as a basis for the potential sanctions.

Petition for ReconsiderationPetition for RemovalAOE/COE trialmandatory settlement conferenceQualified Medical ExaminerQME panelnon-final ordersanctionsbad faith filingLabor Code Section 3600(a)(10)
References
1
Case No. ADJ8069337
Regular
Apr 15, 2015

JOSE VALDOVINOS vs. LAGUNA MADISON, INC.; THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to challenge an interlocutory order from the Administrative Law Judge (ALJ) that set a briefing schedule for trial briefs. The WCAB held that reconsideration is only available for final orders, not interim ones that do not determine substantive rights. Furthermore, the WCAB found the defendant's claim of prejudice from the briefing schedule to be frivolous, as it aligns with due process and pretrial discovery principles. Consequently, the defendant's attorneys were admonished for filing a frivolous petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying RemovalPretrial Conference OrderIndustrial InjuryRight ShoulderRight KneeLow BackWindow InstallerSignificant Prejudice
References
6
Case No. ADJ3891285
Regular
Aug 26, 2011

GARY K. SANDERSON vs. NORTHCAL PUMP, STATE COMPENSATION INSURANCE FUND

This case involved an applicant's petition for reconsideration of an administrative law judge's order concerning discovery and sanctions. The Appeals Board dismissed the petition, finding the order was not final and therefore not subject to reconsideration. Additionally, the Board denied the applicant's request for removal, as no significant prejudice or irreparable harm was demonstrated. The applicant's claims of frivolous filings and bad faith tactics by the defense were insufficient to warrant extraordinary relief.

WCABPetition for ReconsiderationPetition for RemovalSanctionsDepositionFinal OrderSubstantive RightsSignificant PrejudiceIrreparable HarmExtraordinary Remedy
References
5
Case No. ADJ1977669 (LAO 0802562)
Regular
Nov 09, 2020

MYRA RYAN vs. CARLSON MESSER & TURNER, LLP, LUMBERMENS MUTUAL, in liquidation, administered by TRISTAR on behalf of CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns a petition for reconsideration or removal filed by lien claimant David Silver, M.D. and his representative, Dan Escamilla. The Appeals Board denied the petition, finding the WCJ's prior decisions on injury AOE/COE and costs/sanctions were final. The Board also admonished the petitioners for bad faith actions, citing their legally unsupportable and frivolous arguments regarding the medical fee schedule. This conduct constitutes a pattern, and further similar actions may result in sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJ reportfinal ordersubstantive right or liabilitythreshold issueinjury arising out of and occurring in the course of employmentAOE/COElien claimant
References
0
Case No. ADJ6747918
Regular
Dec 27, 2010

BERNARD ELKINS vs. SCULLY DISTRIBUTIONS SERVICES, HARTFORD SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the underlying order denying sanctions without prejudice was not a final order. The WCAB also denied the defendant's Petition for Removal, finding no showing of significant prejudice or irreparable harm required for such an extraordinary remedy. The defendant had sought sanctions for alleged frivolous litigation, but the judge ordered them to first resolve venue disputes in a related San Bernardino case. This decision upholds the principle that reconsideration and removal are reserved for final orders or exceptional circumstances.

WCABPetition for ReconsiderationPetition for Removalsanctionsfrivolous litigationbad-faith litigationvenuechoice of venuewithout prejudicefinal order
References
3
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