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

Case No. MISSING
Regular Panel Decision

Emspak v. Conroy

The defendants moved for a further bill of particulars regarding item 30 and requested the entire bill be verified by a union officer. The plaintiff's attorney acknowledged the omission for item 30 was an oversight and agreed to provide it. He argued his self-verification was proper under subdivision 3 of rule 99 of the Rules of Civil Practice, citing the plaintiff's absence from the county, and claimed defendants waived objection by not returning the bill within 24 hours. The court clarified that Rules 10 and 11 do not apply to verification. While an attorney can verify a bill of particulars under rule 117, the court ruled that merely stating the party is out of county is insufficient; the attorney must also detail the basis of their knowledge, especially given a prior order requiring an oath for inability to furnish particulars. The motion for a further bill was granted.

Bill of particularsVerificationAttorney verificationRules of Civil PracticeWaiverMotionCourt procedurePleadingSufficiency of verification
References
3
Case No. ADJ7873223
Regular
Nov 24, 2014

, CORNELIO CAMPOS, vs. , GOURMETS FRESH PASTA; GALLAGHER BASSETT, INC.,

The Workers' Compensation Appeals Board denied Cornelio Campos' petition for reconsideration of a dismissal order. The Board found that the applicant failed to demonstrate good cause to set aside the dismissal, citing his repeated failure to attend mandatory depositions and hearings. Furthermore, the petition itself was procedurally defective due to an incomplete verification and an improperly attached exhibit. The Board admonished the applicant's attorney for these procedural errors.

Petition for ReconsiderationWCJ ReportOrder of DismissalDefective VerificationGood CauseLack of ProsecutionMandatory Settlement ConferenceDue ProcessNotice of Intent to DismissAdmonishment
References
0
Case No. ADJ10289629
Regular
Oct 19, 2017

Timothy Kirby vs. Contra Costa Water District

This case involves a clerical error where the defendant's reply brief was incomplete due to a missing second page. The Workers' Compensation Appeals Board (WCAB) initially did not consider the incomplete brief. Upon receiving the complete brief and an explanation of the error, the WCAB, exercising its discretion to correct clerical errors for due process, accepted the defendant's reply. The WCAB affirmed its prior decision, but amended the original opinion to delete the footnote referencing the incomplete brief and include the defendant's reply.

WORKERS' COMPENSATION APPEALS BOARDAMENDED OPINION AND DECISION AFTER RECONSIDERATIONPetition For Leave to File a Replyclerical errordue process rightscorrect clerical errorsconsider evidenceconsider pleadingsWCAB Rule 10848supplemental response
References
2
Case No. ADJ3011154 (SAC 0309784) ADJ3631113 (SAC 0309785)
Regular
Aug 28, 2014

CHRISTOPHER TORRES vs. CONTRA COSTA SCHOOLS INSURANCE GROUP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) rescinded a dismissal of an applicant's Independent Medical Review (IMR) appeal, which was initially dismissed for lack of verification. While the applicant's IMR appeal did not meet the statutory requirement for verification under Labor Code section 4610.6(h), the WCAB recognized the evolving nature of this requirement and the public policy favoring disposition on the merits. The case was returned to the trial level, allowing the applicant twenty days to cure the verification defect, after which the WCJ will address the substance of the appeal or dismiss it if the defect remains uncorrected.

Workers' Compensation Appeals BoardIndependent Medical ReviewUtilization ReviewVerified AppealLabor Code Section 4610.6(h)Petition for ReconsiderationRule 10450(e)Declaration of Readiness to ProceedWCJSignificant Panel Decision
References
14
Case No. MISSING
Regular Panel Decision

Gorzynski v. Jetblue Airways Corp.

Plaintiff, a former employee of JetBlue Airways Corporation, initiated an employment discrimination lawsuit citing age and gender discrimination and retaliation. She moved to use an incomplete deposition transcript of Lee Gojmerae, a former co-worker, at trial, a request opposed by the Defendant. The court found that the Defendant had waived objections to the transcript's completeness by failing to promptly file a motion to suppress. Concluding that Ms. Gojmerae's testimony was highly probative and the Defendant had not demonstrated prejudice, the court granted the Plaintiff's motion. This decision allows the use of the incomplete deposition testimony, with potential jury instructions regarding its incompleteness and the possibility for Ms. Gojmerae to testify via contemporaneous transmission.

Employment DiscriminationAge DiscriminationGender DiscriminationRetaliationDeposition TestimonyAdmissibility of EvidenceMotion in LimineFederal Rules of Civil ProcedureWaiver of ObjectionRule of Completeness
References
7
Case No. MISSING
Regular Panel Decision

Garden State Anesthesia Associates, PA v. Progressive Casualty Insurance

Garden State Anesthesia Associates (GSAA) sued Progressive Casualty Insurance Company for unpaid first-party no-fault benefits after providing services to Angela Gowan-Walker. Progressive delayed payment, citing the need for Gowan-Walker's examination under oath (EUO) and extensive medical and workers' compensation records. Although Gowan-Walker completed her EUO, Progressive continued to issue delay letters, requesting information primarily from third parties and Gowan-Walker's attorney, without directly contacting GSAA for verification. The court denied Progressive's motion for summary judgment, ruling that an insurer cannot indefinitely toll the 30-day payment period by requesting verification unrelated to the specific provider's claim or by failing to request verification directly from the provider.

No-fault benefitsSummary JudgmentInsurance LawVerification RequestDelay LetterEUOMedical RecordsInsurance ClaimsTimelinessTolling
References
9
Case No. MON 0114910
Regular
Oct 02, 2007

TEDDIE GRIFFIN vs. STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES - IHSS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the lien claimants' Petition for Reconsideration because it was not verified as required by Labor Code section 5902. The Board noted that even after the WCJ pointed out the defect, the lien claimants failed to cure the lack of verification. Therefore, the petition was dismissed for failure to comply with the statutory verification requirement.

LachesLabor Code section 4903.5PrejudiceLien claimantsCalifornia Psychiatric CenterNeuro-Electro DiagnosticPetition for ReconsiderationVerificationLabor Code section 5902Dismissal
References
2
Case No. BAK 0150807
Regular
Feb 05, 2008

JODI SMITH vs. COUNTY OF KERN, PROBATION DEPARTMENT

The Workers' Compensation Appeals Board dismissed Jodi Smith's Petition for Reconsideration because it lacked the mandatory verification required by Labor Code section 5902. Applicant sought reconsideration of a finding that her back injury was not a compensable consequence of her admitted right lower extremity industrial injury. Even without the verification defect, the Board would have denied the petition based on the judge's reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardindustrial injuryright lower extremityprobation officercompensable consequenceincomplete discoverylack of verificationLabor Code section 5902
References
2
Case No. ADJ1274234
Regular
Jun 23, 2015

YVONNE SAA vs. BODIES IN MOTION, MEADOWBROOK INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Yvonne Saa's Petition for Reconsideration because it was not verified as required by Labor Code section 5902. Notice of this defect was given, and Saa failed to cure it by filing a verification or providing a compelling explanation within a reasonable time. The Board noted that even if not dismissed for lack of verification, the petition would have been denied on its merits according to the WCJ's report.

Petition for ReconsiderationVerificationLabor Code section 5902Cal. Code Regs.tit. 8§ 10450(e)Lucena v. Diablo Auto BodySignificant Panel DecisionUnverified petitionDismissal
References
1
Case No. ADJ2862412 (LBO 0337338)
Regular
Jun 08, 2009

MICHAEL BRAJEVICH vs. TORRANCE UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal because it was unverified. The defendant sought to rescind a prior order continuing the matter to trial, arguing a previous award was clear and the lien claimant should have sought reconsideration. WCAB Rule 10843(b) mandates verification for petitions for removal and answers thereto. Because the petition lacked verification, it was summarily dismissed.

Petition for RemovalUnverified PetitionWCAB Rule 10843(b)Verified PleadingsRescind OrderOrder of ContinuationLien ClaimantIrreparable HarmVerified PetitionWorkers' Compensation Appeals Board
References
0
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