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

Case No. ADJ8595467
Regular
Sep 29, 2015

JESSICA RIVERA vs. GOOD SAMARITAN HOSPITAL, ACE AMERICAN INSURANCE COMPANY

This case involves a Petition for Removal filed by the defendant, Good Samaritan Hospital and Ace American Insurance Company, seeking to rescind an order closing discovery. The defendants argued that the order closing discovery would cause them substantial prejudice and irreparable harm by preventing them from obtaining a rebuttal vocational expert evaluation. The Workers' Compensation Appeals Board (WCAB) denied the petition, agreeing with the WCJ's report, but noted the defendant could request to proceed with the evaluation at trial. However, one Commissioner dissented, arguing the defendant's actions were diligent and the due process right to discovery was violated.

Petition for RemovalOrder Closing DiscoveryVocational ExpertRebuttal EvaluationDue ProcessSubstantial PrejudiceIrreparable HarmMandatory Settlement ConferenceAgreed Medical EvaluatorsGainfully Employed
References
Case No. ADJ9394433
Regular
Dec 04, 2017

JUAN MIGUEL GUTIERREZ GARCIA vs. JAMES AND SANDY HALL DBA GOOD GOODS, ALLSTATE INSURANCE COMPANY

This case involves a settlement proposed between the applicant and a lien claimant while the applicant's Petition for Reconsideration was pending before the Appeals Board. The Board granted reconsideration, rescinded the prior WCJ decision, and returned the case to the trial level. This action allows the WCJ to review the proposed settlement. The Board's order is not a final decision on the merits of the underlying issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantSettlementSupplemental Order Approving Compromise and ReleaseFindings of FactWorkers' Compensation Administrative Law JudgeTrial LevelRescindedReturned to Trial Level
References
Case No. ADJ7605039
Regular
May 25, 2012

LYNETTE KERMANINEJAD vs. GOOD SAMARITAN HOSPITAL, BROADSPIRE

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration in the case of Kermaninejad v. Good Samaritan Hospital. The Board adopted the findings of the administrative law judge and incorporated them into their order. Defense counsel was admonished for attempting to introduce new evidence without meeting the required legal standard. Therefore, the Petition for Reconsideration was denied.

WCABReconsideration deniedNew evidenceWCAB Rule 10856Administrative law judge reportDefense counsel admonishedSan Jose District OfficeGood Samaritan HospitalBroadspireLynette Kermaninejad
References
Case No. ADJ2987812 (SJO262336) ADJ1100259 (SJO262338)
Regular
Sep 17, 2003

JANICE KELLEY vs. GOOD SAMARITAN HOSPITAL and BROADSPIRE, L.L.C.

The Workers' Compensation Appeals Board (WCAB) granted the defendants' Petition for Reconsideration in the case of *Kelley v. Good Samaritan Hospital and Broadsire, L.L.C.* This action was taken due to the statutory time constraints and the need for further study of the complex factual and legal issues. The WCAB requires additional review to ensure a comprehensive understanding of the record before issuing a just decision. All future filings in this matter should be directed to the WCAB's Office of the Commissioners, not the local district office.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGood Samaritan HospitalBroadspire L.L.C.Opinion and OrderStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the Commissioners
References
Case No. ADJ 7815992
Regular
Apr 26, 2013

TINA TINDALL vs. EMPRESS HEALTHCARE, INC.; ACE AMERICAN INSURANCE, administered by ESIS

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior award, and found no good cause to reopen a settlement. The Board determined that the applicant's attorney's error in settling a discrimination claim within a Compromise and Release did not constitute "good cause" to amend the agreement. The applicant's recourse for this error lies with her attorney, not the defendant. Therefore, the Board affirmed the original approved Compromise and Release.

Workers' Compensation Appeals BoardRemovalReconsiderationCompromise and ReleaseLabor Code section 132aFindings and AwardAdministrative Law JudgeContinuing JurisdictionGood CauseMutual Mistake
References
Case No. ADJ1923491 (MON 0328312) ADJ1637229 (MON 0328313) ADJ1163286 (MON 0333886)
Regular
Jul 24, 2014

EVANGELINA JIMENEZ vs. ADVANCE BUILDING MAINTENANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANIES, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

This Workers' Compensation Appeals Board decision denies a petition for reconsideration. The Board adopted the workers' compensation administrative law judge's report, finding no good cause to set aside the dismissal of a lien. Petitioner was properly served with notice of the lien trial and a Notice of Intention to Submit and Dismiss Lien for failure to appear. An untimely and improperly filed objection did not demonstrate good cause for reconsideration.

Petition for ReconsiderationWorkers' Compensation Appeals BoardElectronic Adjudication Management Systemlien trialNotice of IntentionSubmit and Dismiss Liencover sheetgood causeset aside dismissaladministrative law judge
References
Case No. ADJ7459959
Regular
Sep 21, 2015

OLINDA LAZO vs. HAWAIIAN GARDENS CASINO, VALLEY FORGE INSURANCE, CNA CLAIMS PLUS

Lien claimants sought reconsideration of their dismissed liens after their representative failed to appear at a lien conference and left without permission. The Workers' Compensation Appeals Board denied reconsideration, affirming the dismissal. The Board found that the lien claimants failed to establish good cause for their representative's abandonment of the hearing. Failure to appear or have a representative with settlement authority present constitutes grounds for dismissal absent good cause.

WCABPetition for ReconsiderationLien ClaimantsDismissal of LienNon-AppearanceLien ConferenceGood CauseExcusable NeglectCCP 473(b)WCJ
References
Case No. ADJ7056249
Regular
Jun 29, 2012

OSVALDO GONZALEZ vs. FLOOR PLANS, STATE COMPENSATION INSURANCE FUND

The WCAB dismissed the defendant's petition for reconsideration as premature. However, the Board granted the defendant's petition for removal, rescinded the prior order changing venue, and returned the matter for a hearing. The original Order Granting Change of Venue lacked sufficient factual basis showing good cause for the transfer. The WCAB requires a hearing to properly address the defendant's opposition and for the WCJ to articulate specific good cause for any venue change.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueGood CauseWCJLabor Code section 5501.6Order Granting Change of VenueRescindedDecision After Removal
References
Case No. ADJ3659496
Regular
Aug 01, 2013

ISIDORO BASTIDA vs. MAINSTAY BUSINESS SOLUTIONS, CALIFORNIA SELF-INSURERS' SECURITY FUND, METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. This extraordinary remedy was denied because the defendant failed to demonstrate substantial prejudice or irreparable harm. The Board affirmed the denial of the defendant's second Petition for Dismissal, finding it improper as a new notice was required after the applicant's opportunity to show good cause had already passed. The case will return to the trial calendar, where it should be dismissed unless the applicant shows good cause.

Petition for RemovalPetition for DismissalCalifornia Self-Insurers' Security Fundsubstantial prejudiceirreparable injurygood causetrial calendarmandatory settlement conferencethirty day notice letteradministrative law judge
References
Case No. ADJ771710
Regular
Jan 12, 2012

CRIS PADILLA vs. HCI, INC., NATIONAL UNION FIRE INSURANCE COMPANY

The applicant sought reconsideration of an order suspending workers' compensation benefits for missing two medical evaluations, claiming he never received notice. The Board granted reconsideration, treating the petition as an objection to the original order. The Board rescinded the suspension order and returned the case to the trial judge to determine if there was good cause to set aside the original order. The applicant's claim of lack of notice will now be evaluated for good cause.

Workers' Compensation Appeals BoardPanel Qualified Medical EvaluationsPetition for ReconsiderationGood CauseObjectionRescinded OrderReturned to Trial LevelWCJ
References
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