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

Case No. ADJ6738825
Regular
Nov 05, 2012

ANA ZAVALETA vs. LEVLAD LLC, CRUM & FORSTER

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a dismissal order. The original case was dismissed without prejudice for lack of prosecution after the applicant's claim was inactive for over four years. The applicant's attorney argued for reconsideration, stating renewed contact with the applicant who had moved to El Salvador. However, the Board found the explanation insufficient for rescinding the dismissal, agreeing with the WCJ that the applicant's readiness to proceed after such a long period of inactivity was not demonstrated. Commissioner Brass dissented, arguing for reconsideration based on public policy favoring the resolution of litigation on its merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing CaseLack of ProsecutionCumulative Industrial InjuryApplication for AdjudicationDeclaration of ReadinessPetition for DismissalNotice of Intention to DismissRescind Order
References
2
Case No. MISSING
Regular Panel Decision

Metal Goods & Manufacturers Insurance Trust Fund v. Advent Tool & Mold, Inc.

The Metal Goods and Manufacturers Insurance Trust Fund, a New York workers’ compensation self-insurance trust, moved for summary judgment to compel former and inactive members to pay a $2 million assessment. This assessment was levied to cover a regulatory deficit after the Trust Fund was deemed 'underfunded' by the Workers’ Compensation Board. The defendants, who were former employers, argued that the Trust Agreement did not permit retroactive assessments on inactive members. The court denied the plaintiff's motion for summary judgment, agreeing that the Trust Agreement only authorized prospective 'rate increases' for current employers. Furthermore, the court held that statutory provisions for joint and several liability only apply in instances of trust default, dissolution, or insolvency, which was not the case here. Consequently, the court granted the defendants' cross-motions for summary judgment and dismissed the plaintiff's complaint.

Workers' CompensationSelf-Insurance Trust FundRetroactive AssessmentSummary JudgmentTrust Agreement InterpretationFormer Members LiabilityUnderfunded TrustJoint and Several LiabilityStatutory InterpretationNYCRR Regulations
References
23
Case No. ADJ8873837
Regular
Jul 02, 2013

HUGO A. GARCIA ROJAS vs. SWEANEY PAINT & DRYWALL, CALIFORNIA INSURANCE COMPANY

The defendant filed a petition for removal challenging the presiding judge's inaction on a venue change request and an expedited hearing. However, the presiding judge subsequently issued orders that addressed these issues by taking the hearing off calendar and transferring venue. Therefore, the defendant's petition for removal is moot and has been dismissed by the Appeals Board.

Petition for RemovalPetition for Change of VenuePresiding Workers' Compensation Judge (PWCJ)Expedited HearingOff CalendarTransferring VenueWCABMootDismissedBakersfield District Office
References
0
Case No. ADJ7354587
Regular
Oct 02, 2012

STEVEN LUEVANO vs. JUNIOR'S CAR STEREO, FIRST COMP OMAHA FOR ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed the dismissal of Steven Luevano's case for failure to prosecute. Applicant's attorneys failed to provide sufficient evidence of good cause to justify the prolonged inactivity of the claim. Consequently, the Board imposed $1,500 in sanctions jointly and severally against applicant's attorneys for frivolous actions and unnecessary delay.

Workers' Compensation Appeals BoardSanctionsFailure to ProsecuteReconsiderationMedical Provider Network (MPN)Panel Qualified Medical Evaluator (PQME)Agreed Medical Evaluator (AME)Bad Faith ActionsFrivolous TacticsUnnecessary Delay
References
4
Case No. ADJ4298797
Regular
Aug 24, 2009

REYNALDA ANGEL vs. HAPPY DAY DOMESTIC AGENCY, INC., STATE COMPENSATION INSURANCE FUND

This case involved the Applicant's petition for reconsideration after her workers' compensation claim was dismissed for inactivity. The dismissal was based on procedures that did not align with the alleged injury date, which fell between January 1, 1990, and January 1, 1994. The Appeals Board found the dismissal order ineffective and rescinded it, returning the matter to the trial level for adherence to the correct statutory dismissal procedures.

Petition for ReconsiderationOrder of DismissalNotice of Intention to DismissExcusable NegligenceInactivityLabor Code Section 5404.5California Code of Regulations Section 10582Application for AdjudicationLack of ProsecutionRescinded
References
0
Case No. ADJ1420862
Regular
Aug 30, 2010

SINA SHARAREH vs. CITY OF WALNUT CREEK, et al.

In this Workers' Compensation Appeals Board case, the applicant sought to disqualify the arbitrator due to alleged inactivity. The Board found that while the arbitrator had issued a decision, there was uncertainty regarding proper service on the applicant's attorney. Therefore, the Board granted removal of the case to itself to determine service adequacy. The matter is now returned to the trial level for a hearing to resolve the service issue and decide subsequent actions.

ADJ1420862WCK 0051625Petition for RemovalPetition for DisqualificationWorkers' Compensation Appeals BoardFindings and OrderOpinion on DecisionSummary of EvidencePetition for ReconsiderationService of Document
References
1
Case No. ADJ3822767 (AHM 0116631)
Regular
Feb 17, 2012

JOHN BRYNJELSEN vs. ASHLEY FURNITURE/SOUTHWESTERN FURNITURE OF WISCONSIN, LTD, WAUSAU INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding a prior dismissal order. The applicant's case was dismissed for failure to prosecute without proper notice and an opportunity to be heard, violating Appeals Board Rule 10582 and due process. The WCJ's dismissal was based on an unverified petition and did not follow established procedures for inactive cases or hearings. The matter was returned to the trial level for further appropriate proceedings.

Petition to ReconsiderOrder of DismissalFailure to ProsecuteAppeals Board Rule 10582Notice and Opportunity to Be HeardPetition to ReopenStipulations and AwardNew and Further DisabilityDeclaration of ReadinessMandatory Settlement Conference
References
0
Case No. ADJ312006 (LAO 0748305) ADJ824176 (PAS 0042661)
Regular
Aug 06, 2008

ANNA CLIFTON vs. COUNTY OF LOS ANGELES

The Appeals Board granted reconsideration and reversed the WCJ's decision, finding that the applicant's claim for vocational rehabilitation services was barred by the statute of limitations. The applicant's initial request for dispute resolution was filed more than five years after the Stipulations and Award, exceeding the one-year limit under former Labor Code section 5405.5, which governs such claims. The Board concluded that affirming the WCJ's decision would unfairly reward the applicant's prolonged inaction.

Vocational RehabilitationStatute of LimitationsQualified Injured WorkerNotice of Potential EligibilityRehabilitation UnitStipulations and AwardDate of InjuryFindings and OrderReconsiderationExpedited Hearing
References
3
Case No. ADJ3902250 (LAO 0888565)
Regular
Sep 10, 2009

FALEULA SEIULI vs. SAVE-A-LOT/SUPERVALU, INC.; OLD REPUBLIC INSURANCE administered by RISK MANAGEMENT

The Appeals Board granted the defendant's petition for removal, rescinding the WCJ's order to develop the record. The applicant failed to obtain a valid medical evaluation compliant with Labor Code sections 4060 and 4062.2 regarding an industrial injury claim. The Board found the applicant waived her right to such an evaluation due to inaction and a strategic decision at trial. Consequently, the case is returned to the WCJ to decide the merits based solely on the existing record.

Workers' Compensation Appeals BoardRemovalOrder to Develop the RecordOff CalendarAdmissible EvidenceIndustrial InjuryPsycheHigh Blood PressurePretrial Conference StatementLabor Code 4600
References
1
Case No. ADJ6947852
Regular
Apr 02, 2012

Claude Brownlee vs. Miami Dolphins; Multi-Line Claims

This case involves a workers' compensation claim by Claude Brownlee against the Miami Dolphins for cumulative trauma. The Appeals Board granted the Defendant's Petition for Removal, allowing discovery to remain open past the Mandatory Settlement Conference. This decision reverses the WCJ's order closing discovery, enabling the Defendant to conduct depositions and medical evaluations. The Board found this necessary for a full and fair resolution of the applicant's claim, despite the Defendant's prior inaction.

Petition for RemovalOrder for Consolidation and StayVacated OrderDiscovery ClosureQualified Medical EvaluatorMandatory Settlement ConferenceLabor Code Section 5502(e)(3)Judicial EconomyTrial on the MeritsDissenting Opinion
References
4
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