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

Case No. ADJ761271 (SJO 0070447)
Regular
Sep 22, 2010

Dorothy Thompson vs. GENERAL MOTORS, Permissibly SelfInsured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board has declared Dorothy Thompson a vexatious litigant. This declaration follows a notice issued on September 7, 2010, to which no response was received. As a result, any future filings by Ms. Thompson in propria persona will be considered "conditionally filed." Such filings will only be deemed properly filed after a judge or the Board determines they do not violate Rule 10782(a).

Vexatious LitigantPre-filing OrderWorkers' Compensation Appeals BoardPropria PersonaRule 10782(a)Conditionally FiledPermissibly Self-InsuredSedgwick Claims Management ServicesNotice of IntentionPresiding Workers' Compensation Judge
References
Case No. ADJ6687390
Regular
Sep 28, 2015

GABRIELA OCHOA RODRIGUEZ vs. PERSONA HR, TOWER INSURANCE, ACCUPRINT SERVICES

This case involves an applicant injured while employed as a printer for Persona HR and Accuprint Services, Inc. Persona HR sought reconsideration of a finding of dual employment, arguing it was denied due process by the admission of witness testimony without prior notice. The Workers' Compensation Appeals Board denied reconsideration, finding that any error in admitting the testimony was harmless as it was not relied upon for the decision. The Board affirmed the finding of dual employment based on contract language and emails, noting that an employee can have joint and several liability for compensation benefits from multiple employers.

Workers' Compensation Appeals BoardPersona HRTower InsuranceAccuprint ServicesUninsuredpetition for reconsiderationindustrial injurybilateral wristslumbar spineright knees
References
Case No. ADJ292109 (LAO 0863163)
Regular
Oct 27, 2015

Erica Brumfield vs. County of Los Angeles, Department of Social Services, York Risk Services

The Appeals Board granted reconsideration and rescinded the WCJ's dismissal order. The dismissal was based on a defendant's petition containing material misrepresentations and improper service on the unrepresented applicant. Crucially, the defendant failed to properly serve notice of dismissal proceedings, and the applicant was actively pursuing her claim as evidenced by her communications with adjusters and medical providers. Therefore, the dismissal order is void *ab initio* due to lack of due process and material misrepresentations.

Amended Petition to Set Aside DismissalPetition to Dismiss Based On Lack of Prosecutionvoid ab initiomaterial misrepresentationPetition for Reconsiderationrescind the Orderindustrial injuryunrepresentedin propria personamisrepresentation of facts
References
Case No. FRE 224346
Regular
Jan 23, 2008

JOE HUERTA vs. LABOR FINDERS, ACE USA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the dismissal of Joe Huerta's case. The dismissal was improperly entered because the defendant failed to fully comply with procedural rules regarding notice to all parties, specifically lien claimants. Given this procedural defect and the applicant's apparent recent efforts to pursue his claim, the WCAB provided one more opportunity for the case to proceed to a determination on the merits.

Workers' Compensation Appeals BoardIn Propria PersonaOrder of DismissalExtreme HardshipIll HealthWCAB Rule 10582Lack of ProsecutionPetition to DismissWithout PrejudiceQME Examination
References
Case No. ADJ7643460 ADJ8909733
Regular
Jan 03, 2020

Tracy Lee vs. XCHANGING, GRANITE STATE INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied applicant Tracy Lee's multiple Petitions for Removal, adopting the reasoning of the workers' compensation judge. The WCAB admonished the applicant that repetitive, meritless filings may lead to a declaration as a vexatious litigant under WCAB rule 10782. This rule outlines criteria for identifying and restricting such litigants, including those who repeatedly relitigate determined issues or file unmeritorious motions. The applicant's continued filings without apparent merit have resulted in this denial and a warning against further vexatious conduct.

Petitions for RemovalVexatious LitigantPropria PersonaMeritless FilingsHarassmentDelayPrefiling OrderReopeningLabor CodeWCJ Reports
References
Case No. AHM 107719, AHM 106525, AHM 106165, AHM 106205, AHM106504, AHM 106473
Regular
Oct 19, 2007

MARIA RODRIGUEZ, MARTHA GARCIA, EVELIA MONTES, MARIA RAMIREZ, LIDIA GODOY, MARIA RAMOS vs. MOTEL 6, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied petitions for reconsideration filed by applicants represented *pro se*, finding the petitions procedurally defective due to lack of original signatures, improper verification, and failure to state all material evidence. Furthermore, the applicants were represented by counsel at the time of filing, and their *pro se* filings were unauthorized. The Board affirmed the WCJ's finding that the applicants lacked credibility and failed to prove industrial cumulative trauma injuries.

Workers' Compensation Appeals BoardPetition for ReconsiderationPropria PersonaConsolidated CasesCumulative TraumaCredibility DeterminationWCJ FindingsSubstitution of AttorneyVerified PetitionLabor Code Section 5902
References
Case No. ADJ982538 (SAC 0225494)
Regular
Jun 09, 2009

GARY SEABROOKS vs. BFI MEDICAL WASTE SYSTEMS, RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Gary Seabrooks' numerous petitions because they were filed without a corresponding final determination. The WCAB removed the case on its own motion to address Seabrooks' pattern of repeatedly filing unmeritorious and harassing documents, which has consumed significant board resources. Consequently, the WCAB has issued a notice of intention to declare Seabrooks a vexatious litigant and impose a prefiling order, restricting his ability to file future documents without prior leave. This action is intended to prevent further abuse of the workers' compensation system and allow for the expeditious resolution of other parties' cases.

Vexatious litigantpropria personapetitions for reconsiderationdismissalremovalnotice of intentionRule 10782Labor Code section 5310unmeritorious petitionsharassment
References
Case No. ADJ901409 (MON 0316299)
Regular
Jan 24, 2012

ROBERT WYATT vs. RALPH'S GROCERY COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition to disqualify the Administrative Law Judge (WCJ). The petition was untimely, filed long after the original Findings and Award and without proper procedural support like an affidavit. Even if it had been timely, the Board found no merit to the claims of due process violations or bias. The Board concluded that the applicant's allegations did not demonstrate grounds for disqualification under the relevant Code of Civil Procedure sections.

WCABPetition for DisqualificationIn Propria PersonaFindings and AwardIndustrial InjuryTemporary DisabilityPassive IncomeEx-Parte CommunicationsIndependent Medical ExaminerBias
References
Case No. ADJ7211836
Regular
Apr 23, 2018

WILLIAM LABAT vs. LABAT'S TREE CARE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and vacated a dismissal order because the applicant's case was dismissed for lack of prosecution without adequate notice. Due to confusion regarding the applicant's correct address and SCIF's mailing of notices to incorrect locations, the applicant was unaware of the dismissal hearing. The WCAB found that the time for the applicant to petition for reconsideration was tolled due to the lack of proper service, and therefore rescinded the dismissal order. The case is returned to the trial level for further proceedings.

Order VacatingPetition for ReconsiderationLack of ProsecutionOrder of DismissalPetition to ReopenOfficial Address RecordService of ProcessDeclaration of Readiness to ProceedIn Propria PersonaNotice of Intention to Dismiss
References
Case No. ADJ8714470
Regular
Mar 21, 2017

PERRY MOSS vs. THE GOLDEN STATE WARRIORS, TIG INSURANCE COMPANY

This case involves a workers' compensation applicant who seeks to set aside a prior Compromise and Release agreement. The applicant claims the agreement was procured by fraud and he has new evidence of permanent disability. The Appeals Board has dismissed the applicant's "Petition for Reconsideration" as such, but designated it as a "Petition to Reopen and Set Aside the OACR." The matter is now returned to the trial level for the WCJ to consider the applicant's petition.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationPetition to Set AsideCumulative InjuryPropria PersonaFraudNew EvidencePermanent Disability RatingGood Cause
References
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