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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ7393344
Regular
Jun 19, 2012

CONNIE WHITTED vs. DHL ENTERPRISES LLC BRIGHT STAR HEALTH CARE, CHARTIS

This case concerns a petition initially filed as a "Petition for Disqualification and Reassignment," which was later amended to solely seek automatic reassignment of the judge under WCAB Rule 10453. The Appeals Board dismissed the disqualification aspect, attributing the confusion to the applicant's attorney's imprecise captioning. While the petition for automatic reassignment is remanded for determination by the presiding judge, the Board notes it was filed before a trial or expedited hearing, making its denial likely. The Board cautioned the attorney about wasted resources and the potential for future sanctions due to careless pleading.

WCAB Rule 10453WCAB Rule 10452peremptory challengedisqualificationautomatic reassignmentpresiding judgePetition for Disqualificationamended petitionJudge Brigham JonesReport and Recommendation
References
Case No. ADJ2294426 (MON 0193402)
Regular
Aug 09, 2019

SONA SIMONIAN vs. COUNTY OF LOS ANGELES, TRISTAR SERVICES GROUP

The Workers' Compensation Appeals Board granted a petition to disqualify Judge Yvonne Jones based on the appearance of bias. This was due to a sustained ethics complaint filed by lien claimant David Bressler, Ph.D., L.Ac., against Judge Jones concerning her conduct in this specific case. While Judge Jones asserted she could remain impartial, the Board found that a reasonable person could doubt her impartiality given the sustained ethics violation. The disqualification applies only to this case, and the matter will be reassigned.

Petition for DisqualificationWCJ JonesDavid BresslerPh.D.L.Ac.sustained ethics complaintappearance of biasWCAB Rule 10452Code of Civil Procedure Section 641due process
References
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
Case No. ADJ9554701
Regular
Nov 02, 2014

EDGAR VILLARREAL vs. ALAMILLO REBAR, INC., OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES, INC.

This case involves a Petition for Removal filed by Edgar Villarreal against Alamillo Rebar, Inc. and its insurer. The Workers' Compensation Appeals Board (WCAB) reviewed the petition and the administrative law judge's report. Concluding that the reasons stated in the judge's report were sufficient, the WCAB denied the Petition for Removal.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport of JudgeDenial of RemovalAlamillo RebarOld Republic General InsuranceGallagher Bassett ServicesEdgar VillarrealADJ9554701
References
Case No. ADJ1775896 (RDG 0101688), ADJ2010679 (RDG 0104042)
Regular
Nov 28, 2012

RICHARD SEILER vs. CARDIOLOGY ASSOCIATES OF NORTHERN CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The applicant, Richard Seiler, petitioned to recuse the judge, alleging prejudice and improper rulings on evidence and medical treatment requests. The Workers' Compensation Appeals Board (WCAB) reviewed the applicant's filings and the judge's report. The WCAB denied the disqualification petition, finding no evidence of bias. The applicant will have the opportunity to raise these issues at trial and, if necessary, file a petition for reconsideration.

Recusal petitionJudge JonesLabor Code section 5311WCAB Rule 10452Chiropractic QMEExclusion of evidencePrescribing physicianHormone replacementMandatory settlement conferencePetition for reconsideration
References
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
Case No. ADJ4602378 (POM 0300098), ADJ3708085 (POM 0300213), ADJ7098978
Regular
Dec 20, 2016

LISA PENILLA vs. STARBUCKS COFFEE CO.; GALLAGHER BASSETT

In *Lisa Penilla v. Starbucks Coffee Co.*, the Workers' Compensation Appeals Board denied the applicant's Petition for Removal. The Board affirmed the administrative law judge's report, finding no substantial prejudice or irreparable harm would result from denial. Removal is an extraordinary remedy granted only when reconsideration would not be an adequate remedy. The applicant failed to meet this high burden, and rulings made during the MSC can be addressed by the trial judge.

Petition for RemovalAppeals BoardWorkers' Compensation Administrative Law JudgeWCJSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyMSC JudgeTrial Judge
References
Case No. ADJ3347998 (LAO 0774299)
Regular
Jun 07, 2010

JOSEPH JONES vs. COUNTY OF LOS ANGELES/SHERIFF'S DEPARTMENT

The Appeals Board granted reconsideration, rescinding the WCJ's finding of employment for applicant Joseph Jones. Defendant County of Los Angeles argued applicant was not a volunteer, thus not an employee. The Board found applicant's testimony indicated he felt compelled to work as a trustee due to threat of transfer, not voluntary agreement, negating an employment relationship under Labor Code section 3351. Furthermore, applicant did not qualify under Penal Code section 4017 as he was awaiting trial and not engaged in fire suppression activities.

Workers' Compensation Appeals BoardJoseph JonesCounty of Los AngelesSheriff's DepartmentTristarFindings of FactWorkers' Compensation Judge (WCJ)Employment RelationshipVolunteerInmate
References
Case No. ADJ3072125
Regular
Dec 08, 2017

STEPHANIE SEALS vs. OCCUPATIONAL HEALTH MANAGER, CHIRON CORPORATION, TRAVELERS

The applicant sought removal of Judge Lieberman, alleging she ignored prior orders regarding personnel records and showed bias. The WCJ acknowledged the applicant's concerns about potential impropriety due to frank settlement discussions where monetary sums were mentioned. The WCJ recommended reassignment to another judge and the Appeals Board granted the petition for removal. The case is returned to the presiding judge for assignment to a new WCJ.

Petition for RemovalJudge LiebermanJudge MillerPersonnel RecordsBias AllegationAppearance of ImproprietyWCJ RecommendationPanel QMECase AssignmentOakland WCAB
References
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