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

Case No. ADJ10296202, ADJ10296203
Regular
Jan 29, 2020

ANDRIA STREETER vs. GOODWILL SERVING THE PEOPLE OF SOUTHERN LOS ANGELES, UNITED STATES FIRE INSURANCE COMPANY

This case concerns defendant's petition for reconsideration or removal of a Workers' Compensation Appeals Board decision. The Board denied the petition, finding the decision contained both a threshold issue (injury AOE/COE) making it final for reconsideration, and an interlocutory issue (treatment outside the medical provider network). Because the petition primarily challenged the interlocutory issue, it was evaluated under the more stringent removal standard. The Board found no evidence of significant prejudice or irreparable harm justifying removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalJoint Findings of FactInjury AOE/COEThreshold IssueInterlocutory IssueMedical Provider NetworkSignificant PrejudiceIrreparable Harm
References
Case No. ADJ10607792
Regular
Sep 30, 2019

DANAE MARTINEZ vs. TRUE LEAF FARMS/PACIFIC RISK MANAGEMENT, PSI, administered by PACIFIC CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for reconsideration. While the WCJ's initial order addressed a threshold issue (injury AOE/COE), the applicant's petition only challenged interlocutory issues regarding QME panels. The WCAB treated this as a request for removal, which is an extraordinary remedy rarely granted. Because the applicant failed to demonstrate significant prejudice or irreparable harm, and reconsideration remains an adequate remedy for future interlocutory issues, the petition was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationReport of Workers' Compensation Administrative Law Judgethreshold issuefinal decisioninjury arising out of and in the course of employmentAOE/COEinterlocutory issuesremoval standardqualified medical evaluator
References
Case No. ADJ11317464, ADJ11317437
Regular
Jan 09, 2023

MARISA FISCHBACHA vs. ARDEN GROUP, dba GELSON'S MARKET, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision. However, the parties subsequently reached an informal agreement to resolve all issues in the petition for reconsideration. Consequently, the Board vacated its prior order granting reconsideration and dismissed the petition. This action renders the WCJ's original decision final through dismissal of the appeal.

WORKERS' COMPENSATION APPEALS BOARDRECONSIDERATIONJOINT FINDINGS OF FACT AND ORDERADMINISTRATIVE LAW JUDGECOMMISSIONERS' SETTLEMENT CONFERENCEINFORMAL AGREEMENTPETITION FOR RECONSIDERATIONVACATEDDISMISSEDDEPUTY COMMISSIONER
References
Case No. ADJ12788878
Regular
Dec 10, 2020

MARIO LUPERCIO PEREZ vs. ARMANDO CHAN dba CHAN DRAINAGE, MARKEL INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration because it was filed as a removal petition challenging interlocutory issues. Although the WCJ's decision contained a final threshold finding of injury AOE/COE, the defendant only disputed the specialty of a QME and the timeliness of an objection, which are interlocutory. The Board found no significant prejudice or irreparable harm to justify removal, and that reconsideration would be an adequate remedy later if a final adverse decision issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationThreshold IssueInterlocutory IssueInjury AOE/COEQualified Medical Evaluator (QME)Treating Physician ReportRemoval StandardSignificant PrejudiceIrreparable Harm
References
Case No. ADJ7469597
Regular
Nov 14, 2014

ANA AVALOS vs. STAFFCHEX, INCORPORATED, LUMBERMEN'S UNDERWRITING

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's second petition for reconsideration, deeming it successive and without merit as it challenged interlocutory discovery orders, not a final decision. The Board, on its own motion, also issued a notice of intention to impose $1,000 in sanctions against applicant's counsel, Carl A. Feldman. This action was taken for filing a frivolous and bad-faith petition, disregarding prior explanations of final orders. Counsel has 15 days plus mailing time to show good cause why sanctions should not be imposed.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder DismissingDenial of RemovalInterlocutory Discovery OrdersPQME AppointmentFinal OrderPre-trial OrdersWCJ's Report and RecommendationSuccessive Petition
References
Case No. ADJ766393 (FRE 0240375) ADJ6645814
Regular
May 11, 2015

MARGARITA MACIAS vs. SAN JOAQUIN FIGS, REDWOOD FIRE & CASUALTY INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board rescinded an order that declared no triable issue of fact and took a case off calendar. This order was improperly issued at a mandatory settlement conference, as disputed issues cannot be decided at such conferences without consent. The Board found the prior order was interlocutory and not subject to reconsideration, and therefore returned the case to the trial level for further proceedings. This decision allows the defendant to properly pursue their petition for contribution.

Workers' Compensation Appeals BoardReconsiderationMinute OrderMandatory Settlement ConferenceOff CalendarJoinderContributionPetition for ContributionArbitrationDue Process
References
Case No. ADJ10389861
Regular
Feb 05, 2020

TERESA GARCIA vs. WAL-MART ASSOCIATES, INC., ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to amend an order regarding a Qualified Medical Evaluator (QME) panel in urology. While the WCJ's decision addressed a threshold issue (injury arising out of and in the course of employment), making it a final order subject to reconsideration, the defendant's challenge focused on an interlocutory issue. The Board affirmed the WCJ's decision, but clarified that if parties cannot agree on an Agreed Medical Evaluator (AME) urologist, the Medical Unit must issue a QME panel for the applicant's zip code. The Board found no basis for removal, as no significant prejudice or irreparable harm was demonstrated.

Workers' Compensation Appeals BoardPetition for ReconsiderationThreshold IssueInjury AOE/COELumbar SpineInterlocutory DecisionRemoval StandardIrreparable HarmQualified Medical Evaluator (QME)Urology
References
Case No. ADJ7469391
Regular
Apr 22, 2013

DANIEL DIAZ NEGRON vs. CLEAR WATER HANDWASH dba MARINA CLASSIC CAR WASH, STATE FARM

This case involves a lien claimant, Best of California Business Promotions, whose petition for reconsideration was dismissed because it was based on an assumed dismissal of their lien that had not actually occurred. The lien claimant failed to appear at a scheduled lien trial and did not provide good cause for their absence. Furthermore, the Appeals Board is issuing a notice of intention to impose sanctions up to $1,000 against the lien claimant and its representatives for filing a frivolous petition and wasting judicial resources by arguing an issue not supported by the record. The Board is also removing the case on its own motion.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of RemovalSanctionsLabor Code 5813Lien ClaimantNotice of Intention to Dismiss LienNon-Appearance at TrialLien Activation FeeUnconstitutional
References
Case No. ADJ4141215 (MON 0288595) ADJ4160601 (MON 0288596) ADJ2249717 (MON 0300098)
Regular
Dec 27, 2011

DOREEN LABOY vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured; STATE COMPENSATION INSURANCE FUND / STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their argument regarding AMA Guidelines irrelevant due to a prior stipulation to the 1997 Rating Schedule. The WCAB granted removal to issue notices of intention to impose sanctions and award attorney's fees/costs against the defendant and their counsel. This action is based on the defendant's frivolous and bad-faith tactics in raising an issue for the first time on reconsideration that was not previously litigated or argued. The defendant's petition is deemed without merit and solely intended to cause unnecessary delay.

LABOYDOREENSTATE OF CALIFORNIADEPARTMENT OF MENTAL HEALTHSTATE COMPENSATION INSURANCE FUNDJOINT FINDINGS AND AWARDPETITION FOR RECONSIDERATIONREMOVALNOTICES OF INTENTIONORDER TO PAY EXPENSES
References
Case No. ADJ3875612 (LAO 0875949), ADJ4655048 (LAO 0875947), ADJ3780834 (LAO 0875984)
Regular
Aug 26, 2019

HUGO HERNANDEZ vs. FOX HILLS TOWING, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for reconsideration of a WCJ's statement that MedNet's lien claim was not dismissed. The Appeals Board dismissed the petition, finding that the WCJ's statement concerned an interlocutory procedural issue, not a final order. Reconsideration is only permissible from final orders that determine substantive rights or liabilities. No formal order of dismissal was ever issued for MedNet's lien.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJLien ClaimMedNetNotice of Intent to Issue SanctionsFinal OrderInterlocutory DecisionDismissalRemoval
References
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