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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. 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. 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. 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
Case No. ADJ2896668
Regular
May 08, 2013

MONICA GARRETSON, MONICA GARRETSON-MILLER vs. JACKSON CREEK DENTAL GROUP, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Defendant's Petition for Removal, upholding the decision to refer their Petition to Compel Applicant's Attendance to the assigned trial judge. The Board found no significant prejudice or irreparable harm to the Defendant from this referral process. The decision adopted and incorporated the reasoning provided in the Workers' Compensation Judge's Report. This ruling signifies that the defendant's attempt to remove the case from the trial judge's jurisdiction was unsuccessful.

Petition for RemovalWCABWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJPresiding JudgeReport and RecommendationMinute OrderPetition to CompelDeposition
References
Case No. ADJ1938740 (SDO 0236599)
Regular
Oct 08, 2013

JOSE RIVERA vs. DANIEL LEE \& ASSOCIATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION FOR CALIFORNIA COMPENSATION INSURANCE COMPANY In Liquidation By Servicing Facility, SEDGWICK CMS

The applicant's petition to disqualify the judge was denied by the Workers' Compensation Appeals Board. The petition argued the judge prejudged a key issue regarding a medical report's submission to utilization review. The judge explained that their initial "impression" was based on limited information at a status conference and was intended as guidance, not a final decision. The Board adopted the judge's report, concluding the judge did not hold an unqualified opinion that would prevent them from considering all evidence at trial.

Workers' Compensation Appeals BoardPetition for DisqualificationWorkers' Compensation Administrative Law JudgeUtilization ReviewSecondary Treating PhysicianMandatory Settlement ConferenceStatus ConferencePre-judged IssueIn LiquidationCalifornia Insurance Guarantee Association
References
Case No. ADJ7649889
Regular
Aug 13, 2012

ANDREA FREDENBURG vs. 24-HR FITNESS, ACE AMERICAN, GALLAGHER BASSETT SERVICES

This case concerns a petition for removal filed by the defendant, 24-HR Fitness, seeking to vacate a prior ruling that allowed limited discovery. The Appeals Board dismissed the petition, adopting the judge's report. The judge found that the defendant's claims of prejudice and irreparable harm were unsubstantiated. Therefore, discovery remains open solely for the applicant to depose Dr. Hamilton on the issue of earnings, with admissibility to be determined at trial.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalMandatory Settlement ConferenceAdmissibilityDepositionDr. HamiltonEarningsPrejudiceIrreparable Harm
References
Case No. ADJ6909770 ADJ6965468 ADJ7253924 ADJ7252123
Regular
Dec 03, 2010

SYLVIA SANTOS vs. GUARD MANAGEMENT, INC., INSURANCE COMPANY OF THE WEST

This case involves Sylvia Santos's petition for reconsideration after her request to disqualify the presiding workers' compensation judge was denied. The basis for her disqualification petition, and subsequently her reconsideration request, was her unsubstantiated allegation of ex parte communications between the judge and the opposing party. The Board denied reconsideration, finding that Santos failed to provide specific facts demonstrating actual bias or prejudice by the judge. Therefore, the matter will return to the trial calendar for further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENIAL OF PETITIONDISQUALIFICATION OF JUDGEPRESIDING WORKERS' COMPENSATION ADMINISTRATIVE LAW JUDGEPWCJ REPORTORDER DENYING DISQUALIFICATIONVEXATIOUS LITIGANTEX PARTE COMMUNICATIONSBIAS
References
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