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

Case No. ADJ3157778 (SBR 0342745)
Regular
Aug 26, 2011

Carrita Morales vs. COUNTY OF RIVERSIDE, DEPARTMENT OF PUBLIC HEALTH

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's untimely Petition for Removal due to its late filing. However, the WCAB granted removal on its own motion, citing significant procedural and record-keeping deficiencies. These included a lack of scanned documents in the EAMS system, applicant's waiver of objections to proceeding to trial, and the absence of a proper pretrial conference statement and exhibits. The case was rescinded from the WCJ's order and returned to the trial level for a Mandatory Settlement Conference and further proceedings to establish a complete record.

Petition for RemovalDismissalGranting RemovalOwn Motion RemovalDecision After RemovalWCJDiscovery ReopenedSleep ReportInsomniaPermanent and Stationary
References
Case No. ADJ2523911 (MON 0281750) ADJ2669536 (MON 0287852) ADJ2826764 (LAO 0791910)
Regular
Apr 25, 2013

GEORGE MORENO vs. RALPHS GROCERY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal of the WCJ's February 6, 2013 decision in the case of George Moreno v. Ralphs Grocery Company. The WCAB rescinded the decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ. This action is procedural and does not constitute a final ruling on the merits.

Workers' Compensation Appeals BoardRemovalGranting RemovalDecision after RemovalRescindedReturned to Trial LevelFurther ProceedingsAdministrative Law JudgeWCJPetition for Removal
References
Case No. ADJ7237157
Regular
Aug 15, 2013

JUAN ESTRADA vs. R&L BROSAMER, INC.; CHARTIS/AIG

The Workers' Compensation Appeals Board (WCAB) granted removal, rescinded an administrative law judge's (WCJ) order, and otherwise affirmed the WCJ's decision. The rescinded order compelled the applicant, Juan Estrada, to attend a medical examination on July 19, 2013. The WCAB adopted and incorporated the WCJ's report outlining the reasons for this action.

RemovalRescindedMedical ExaminationCompelling AttendanceWCJ OrderPetition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport of WCJDecision After Removal
References
Case No. LAO 0824629
Regular
Aug 16, 2007

R. MARTINEZ vs. HILTON HOTEL, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding an earlier order that had taken the case off calendar over the applicant's objection. The Board agreed that the case should have proceeded to trial, as the defendant improperly filed a Declaration of Readiness to Proceed while proceedings were suspended. The matters are now returned to the trial level for rescheduling, with the issue of defense witnesses deferred to the trial judge.

RemovalPetition for RemovalDeclaration of Readiness to ProceedDiscoveryWitnessesOrder Suspending ProceedingsRescindedTrial LevelWCJWorkers' Compensation Appeals Board
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ2603160
Regular
Jan 17, 2012

ROOSEVELT WARDELL vs. COUNTY OF LOS ANGELES, ACCLAMATION INSURANCE MANAGEMENT

The Workers' Compensation Appeals Board granted removal in this case, rescinded the Administrative Law Judge's October 13, 2011 Order Compelling Applicant's Attendance at Medical Evaluation, and returned the matter to the trial level. The Board adopted the WCJ's report as the basis for this decision. No opinion was offered on other issues raised in the removal petition, including sanctions.

Workers Compensation Appeals BoardRemovalGranting RemovalRescind OrderCompelling AttendanceMedical EvaluationTrial LevelFurther ProceedingsWCJDecision After Removal
References
Case No. ADJ6859570
Regular
Nov 04, 2013

GERSON RODRIGUEZ vs. VENTURI TECHNOLOGIES, INC., WAUSAU UNDERWRITERS INSURANCE CO.

This case involves a lien claimant who failed to file a timely response to a Notice of Intention to Impose Sanctions. The Appeals Board vacated its prior order granting reconsideration and, instead, granted removal to itself. The Board found the lien claimant's response to be untimely, even when considering electronic filing, and thus imposed the maximum sanction of $2,500.00 jointly and severally against the lien claimant and its representatives.

Workers' Compensation Appeals BoardReconsiderationSanctionsRemovalLien ClaimantElectronic Adjudication Management SystemLabor Code Section 5310Administrative Law JudgePetition for ReconsiderationNotice of Intention to Impose Sanctions
References
Case No. ADJ7719327
Regular
Dec 03, 2013

JOSE MEJIA vs. TERRA VISTA MANAGEMENT, INC., TRAVELERS CASUALTY & SURETY COMPANY

This is an interim order by the Workers' Compensation Appeals Board (WCAB) granting a petition for removal in the case of Jose Mejia v. Terra Vista Management, Inc. The WCAB found good cause to remove the case from the trial level, adopting the Workers' Compensation Judge's (WCJ) report. The matter is now returned to the WCJ for further proceedings and a new decision. This decision is not final and parties retain the right to seek reconsideration of the WCJ's future ruling.

Petition for RemovalWorkers' Compensation Appeals BoardDecision After RemovalAdministrative Law JudgeTrial LevelFurther ProceedingsNot a Final DecisionReconsiderationTravelers Casualty & Surety CompanyTerra Vista Management
References
Case No. ADJ10393758
Regular
Jun 08, 2018

JOSE BASALDUA VALDEZ vs. NORCAL BUILDING SERVICES, INC., STATE COMPENSATION INSURANCE FUND, Rutherford Ashbury, LLC, Patrick F. Mockler

Defendants sought dismissal from a workers' compensation case after the applicant's employer's insurer accepted coverage. The WCJ initially denied this dismissal but later dismissed one defendant without prejudice. The Appeals Board denied the defendants' Petition for Removal, finding it moot due to the subsequent order. However, the Board, on its own motion, granted removal to amend the later order and dismiss the remaining defendant without prejudice, correcting a perceived clerical error.

Workers' Compensation Appeals BoardPetition for RemovalGranting RemovalDecision After RemovalOrder Denying Petition to DismissMinute OrderJoinderGeneral ContractorUninsured Employers Benefits Trust FundSCIF
References
Case No. SAC 0282439 SAC 0282440
Regular
Jun 09, 2008

PHYLLIS H. DUMONT vs. MISSION LINEN SUPPLY

The Workers' Compensation Appeals Board (WCAB) granted removal of the judge's decision in this case. The WCAB rescinded the judge's February 21, 2008 decision and returned the matter for further proceedings. The WCAB adopted and incorporated the judge's report in reaching this decision.

removalrescindedreturn for further proceedingsWCJ decisionWorkers' Compensation Appeals Boardgranting removalpetition for removalopinion and orderadministrative law judgeself-insured
References
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