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

Case No. ADJ8500075
Regular
Oct 27, 2015

RUDI QUINTEROS vs. STAMOULES PRODUCE, ZENITH INSURANCE COMPANY

In this workers' compensation case, the defendant sought removal after the WCJ rescinded an order approving a compromise and release (C&R). The applicant claimed a "change of heart" as the basis for setting aside the C&R, which the defendant argued was insufficient grounds. The Appeals Board granted removal, rescinding the WCJ's order and substituting an order suspending the C&R approval. The case was returned to the WCJ to hold a status conference to allow the applicant to present arguments for setting aside the C&R.

Workers' Compensation Appeals BoardPetition for RemovalCompromise and ReleasePetition to Set AsideOrder Approving Compromise and ReleaseOrder Rescinding OrderGood CauseFraudMistakeUndue Influence
References
2
Case No. ADJ441028, ADJ1016830, ADJ8012703
Regular
Aug 11, 2015

STANLEY THOMAS vs. L3 COMMUNICATIONS, ACE USA PROPERTY & CASUALTY, ESIS, INC.

Defendant sought removal of an order setting two consolidated cases (ADJ1016830 and ADJ8012703) for trial before a different judge, arguing applicant waived the right to automatic reassignment by not challenging the original judge in a previously adjudicated case (ADJ441028). The WCAB dismissed the petition as to the adjudicated case, finding it not consolidated with the others. Regarding the consolidated cases, the Board denied the petition, affirming applicant's timely exercise of the right to automatic reassignment. The WCAB adopted the WCJ's reasoning that no grounds for removal were established, as the applicant had a right to reassignment and the defendants suffered no prejudice.

Petition for RemovalWCAB Rule 10453Automatic ReassignmentWCJ ChallengeConsolidated CasesJudge ShoppingVenue TransferAdministrative Law JudgePresiding JudgeMinutes of Hearing
References
0
Case No. ADJ1856849 (FRE 0246669)
Regular
Oct 21, 2013

ROGELIO MERLOS vs. A.J. SLENDERS DAIRY, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for removal, rescinded the August 1, 2013, orders, and returned the case to the trial level. The WCAB found that the prior orders were not final decisions and thus dismissed the petition for reconsideration. However, removal was granted because the Administrative Law Judge failed to comply with procedural requirements for record-keeping and providing a summary of evidence and grounds for the decision, necessitating further proceedings.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationMedical Provider NetworkMPN documentsLabor Code section 5313WCAB Rule 10566mandatory settlement conferenceexpedited hearingDeclaration of Readiness to Proceed
References
1
Case No. MISSING
Regular Panel Decision

Feher Rubbish Removal, Inc. v. New York State Department of Labor

The appellate court addressed appeals by the New York State Department of Labor (DOL) concerning judgments that annulled the DOL's determination that prevailing wages must be paid by Feher Rubbish Removal, Inc. and Syracuse Haulers Waste Removal, Inc. for refuse collection, specifically questioning if this applied to private buildings. The court first clarified that the actions were purely for declaratory judgment, not CPLR article 78 proceedings to annul determinations. Interpreting Labor Law § 231 (1), the court found that its plain language and legislative intent did not limit its application to public buildings. Consequently, the court concluded that employers are indeed obligated to pay prevailing wages to employees collecting garbage or refuse from both public and private buildings under municipal contracts. The judgments of the lower court were modified, and declarations were amended to reflect this obligation.

Prevailing WageLabor LawStatutory InterpretationPublic WorksBuilding Service WorkGarbage CollectionRefuse RemovalMunicipal ContractsDeclaratory JudgmentAppellate Review
References
14
Case No. SAC 308622 SAC 308623 SAC 309351 SAC 323463 SAC 355784
Regular
May 09, 2007

DELETTE ZIEGELMANN-JACKSON vs. COUNTY OF SACRAMENTO

The applicant sought removal to challenge the WCJ's deferral of a ruling on a petition to enforce a subpoena for personal items, arguing it unfairly required a second deposition. The Appeals Board dismissed removal in several cases where no issues were pending, but granted removal in case number SAC 355784. The Board affirmed the WCJ's order deferring the subpoena ruling, allowing for potential further depositions if warranted, and returned the matter for further proceedings.

Workers Compensation Appeals BoardRemovalPetition to EnforceSubpoena Duces TecumDeferred RulingIndustrial InjuryLabor Code Section 132aDiscriminationPrivacyDeposition
References
0
Case No. ADJ3851666 (AHM 0142294) ADJ6984864
Regular
Sep 03, 2010

EDWARD NEWMAN vs. SOUTHERN CALIFORNIA EDISON

This case involves a Petition for Removal filed by Edward Newman against Southern California Edison. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the accompanying report from the administrative law judge. Finding no grounds to disturb the WCJ's findings, the WCAB has issued an order denying removal. Therefore, the petition to remove the case from its current procedural stage has been rejected.

Workers' Compensation Appeals BoardPetition for RemovalWCJ reportdenying removalSouthern California EdisonPermissibly Self-InsuredADJ3851666ADJ6984864administrative law judgeRonnie G. Caplane
References
0
Case No. ADJ1717969 (VNO 0449075)
Regular
Jan 20, 2014

ERIKA ROLLINS vs. FILM PAYROLL SERVICES, BROADSPIRE/CIGA, TRAVELERS

In this workers' compensation case, the applicant, Erika Rollins, filed a Petition for Removal. The Workers' Compensation Appeals Board reviewed the petition and the administrative law judge's report. Finding no grounds for removal, the Board denied the petition. Therefore, the applicant's request to remove the case was rejected.

Petition for RemovalWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeFilm Payroll ServicesBroadspire/CIGATravelersADJ1717969VNO 0449075ALJ ReportDeny Removal
References
0
Case No. ADJ1943415 (LBO 0381428)
Regular
Aug 14, 2012

ADALBERTO JUAREZ vs. P.S. STIX INCORPORATED, NATIONAL LIABILITY AND FIRE INSURANCE, BERKSHIRE HATHAWAY INSURANCE COMPANIES

This case involves a lien claimant's petition for removal regarding an order to disclose a global settlement with a co-defendant. The Appeals Board found the procedural record deficient, preventing timely review of the removal petition. Ultimately, the Board granted removal on its own motion to address the "procedural morass." The Board rescinded the WCJ's order reinstating a prior minute order and dismissed the lien claimant's petition as moot, allowing for an in-camera review of the settlement agreement.

Petition for RemovalWorkers' Compensation Appeals BoardLien ClaimantGlobal SettlementConfidentiality clauseNon-Disclosure clauseCompromise and ReleaseMandatory Settlement ConferenceWCJOrder Setting Aside
References
4
Case No. ADJ8049638 ADJ7582811
Regular
Jan 08, 2014

MARIA FLORES vs. WALGREENS, ZURICH AMERICAN INSURANCE COMPANY

This case concerns a petition for removal filed by Maria Flores against Walgreens and its insurer. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the administrative law judge's report. Finding no grounds for removal, the WCAB adopted the judge's report and ordered the petition denied. Consequently, the matter will proceed without removal to a higher administrative level at this stage.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportDenial of RemovalADJ8049638ADJ7582811WalgreensZurich American Insurance CompanySedgwick CMSSan Bernardino District Office
References
0
Case No. ADJ80340084
Regular
Apr 23, 2013

KEITH CRABTREE vs. CITY OF TURLOCK, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board decision addresses a defendant's petition for removal. The Board denied removal regarding the WCJ's continuance of trial to April 29, 2013. However, the Board granted removal and rescinded the WCJ's order compelling the defendant to produce claims adjustor Rebecca Huiras and the claims file without a subpoena. The matter is returned to the trial level for further proceedings.

RemovalWCJContinuance of trialClaims adjustorWitness productionClaims fileSubpoenaRescindedReturned to trial levelDecision after removal
References
0
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