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Case Law Database

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

Case No. ADJ438284 (ANA 0339880)
Regular
Mar 14, 2013

BRIDGETT HENRY vs. HARVEST CHRISTIAN FELLOWSHIP, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

The Appeals Board granted Applicant's Petition for Removal, overturning the WCJ's denial of a venue change from Marina del Rey to Goleta. Applicant demonstrated good cause for the transfer due to severe health issues exacerbated by the long commute to Marina del Rey. Although neither party's cited statutes definitively mandated the change, the Board prioritized Applicant's health concerns, granting the venue modification. Therefore, the case will now proceed in the Goleta district office.

Petition for RemovalChange of VenueGood CauseLabor Code section 5501.6Health RisksPulmonary ConditionNebulizerIndustrial InjuryPsycheInternal Injury
References
0
Case No. ADJ9641921, ADJ9640385
Regular
Mar 29, 2016

PAZ CORRALES vs. KIMPTON HOTEL AND RESTAURANT GROUP dba KHRG GOLETA, LLC, FEDERAL INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded the Order Approving Compromise and Release (OACR) due to a problematic Addendum "A". Applicant contends Addendum "A" incorrectly settled their right to future attorney's fees and contains conflicting, unenforceable provisions regarding future claims and confidentiality. The Board found potential jurisdictional issues and inconsistencies with the law, returning the case for an evidentiary hearing to determine if the C&R should be set aside.

Petition for ReconsiderationCompromise and ReleaseAddendum ALabor Code section 5710attorney's feesrescinded OACRevidentiary hearingmistake inadvertence excusable neglectunenforceable provisionsconfidential provision
References
1
Case No. ADJ261234 (GOL 0093065) ADJ1281382 (GOL 0093064)
Regular
May 02, 2016

RITA ROBINSON vs. SANSUM SANTA BARBARA MEDICAL FOUNDATION CLINIC, DYNAMIC CLAIMS, Arrowpoint, GOLETA UNION SCHOOL DISTRICT

This case concerns an employer's (Sansum Santa Barbara Medical Foundation Clinic/Arrowood) petition for reconsideration of a prior award. The Appeals Board affirmed the award, which mandated right hip surgery and the provision of a Nurse Case Manager (NCM), finding Arrowood responsible for both. Arrowood's arguments regarding due process and utilization review were rejected, and the Board found that prior orders compelled NCM provision, which Arrowood had unilaterally ceased without sufficient medical evidence. The Board also admonished Arrowood's counsel for unprofessional conduct and misrepresentation of facts.

WCABReconsiderationNurse Case ManagerUtilization ReviewAgreed Medical ExaminerPrimary Treating PhysicianMedical Provider NetworkJoint and Several LiabilityMandatory Settlement ConferenceDeclaration of Readiness to Proceed
References
5
Case No. ADJ7422830
Regular
Jun 20, 2012

SALLY BRAITHWAITE MARSHALL vs. SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT, WORKERS' COMPENSATION ADMINISTRATORS

The Applicant, Sally Braithwaite Marshall, petitioned for removal to reverse an order denying a change of venue, seeking to consolidate two claims venued at different district offices. She argued both applications should be heard in Goleta. The Appeals Board denied the petition, finding that the Applicant's request was, in fact, a petition for consolidation. The Board directed the Applicant to follow the proper procedure under Rule 10260, which requires referral to the presiding WCJs for resolution before the Appeals Board.

Petition for RemovalOrder Denying Change of VenueApplication for Adjudication of ClaimConsolidation of CasesDistrict Office VenuePresiding WCJsRule 10260Workers' Compensation Appeals BoardDeputy CommissionerAdministrative Law Judge
References
1
Case No. ADJ7965787
Regular
Mar 20, 2014

JOHN ORTEGA vs. MONTEABARO MASONRY, YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal, which sought to hold hearings in Santa Barbara instead of Oxnard. The WCAB cited insufficient space in the Santa Barbara district office following the closure of the Goleta office as the reason for the temporary relocation to Oxnard. The Board emphasized its statutory authority and inherent power to manage its calendars and facilities based on available resources, noting that venue is not jurisdictional. Applicants facing travel burdens can utilize telephone appearances via CourtCall.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationWCAB Rule 10770.1VenueCourtCallMandatory Settlement ConferenceAdministrative Law JudgeMedical Treatment Lien ConferenceCase Number ADJ7965787
References
5
Case No. ADJ6883950
Regular
Mar 20, 2014

JOYCE FOX vs. CASA NAOMI, FIRSTCOMP dba MARKET INSURANCE SERVICES

This case concerns an applicant's Petition for Removal regarding the transfer of a mandatory settlement conference (MSC) from the Goleta/Santa Barbara district office to the Oxnard district office. The Workers' Compensation Appeals Board (WCAB) denied the petition, citing the Division of Workers' Compensation's (DWC) budgetary constraints and its authority to calendar hearings at different locations due to limited space. The WCAB found that the transfer was a necessary administrative measure to address overcrowding and that it did not constitute significant prejudice or irreparable harm. The decision emphasizes the WCAB's inherent power to control its calendars and proceedings, even without a formal change of venue order, as long as parties are properly notified.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationWCJ ReportBudgetary ConstraintsCourtCallMandatory Settlement ConferenceVenueInherent PowersCalendar Control
References
3
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