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

Case No. ADJ3609087 (LBO 0392035) ADJ1000696 (LBO 0332475)
Regular
Jul 20, 2017

Katherine Staudt vs. University of California Los Angeles, SEDGWICK CMS

This case involved the dismissal of the applicant's workers' compensation claims by the administrative law judge (WCJ) for failing to personally appear at a mandatory settlement conference. The applicant, represented by counsel who did attend, sought reconsideration, arguing that her attorney's presence satisfied the appearance requirement under Labor Code § 5700. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that while the applicant did not personally appear, her attorney's presence constituted a valid appearance. The WCAB rescinded the dismissal order, emphasizing the legal preference for hearings on the merits over dismissals.

WCABPetition for ReconsiderationOrder Dismissing CaseMandatory Settlement ConferenceApplicant's AppearanceAttorney AppearanceLabor Code Section 5700Section 5404.5Compulsory AppearanceNotice of Intent to Dismiss
References
Case No. ADJ9305498 ADJ9305504
Regular
Oct 03, 2016

IRIS PAUSELIUS vs. ABB CONCISE OPTICAL GROUP

The Workers' Compensation Appeals Board (WCAB) granted applicant Iris Pauselius's petition for removal. This action rescinded a prior order by the workers' compensation administrative law judge (WCJ) requiring the applicant's personal appearance at a status conference, with a threat of dismissal. The WCAB found the WCJ's order inappropriate as applicant's counsel had appeared, and only one of the two cases was calendared. The matter is now returned to the trial level for further proceedings.

Petition for RemovalWorkers' Compensation Appeals BoardWCJApplicant appearanceDismissal of casesRescind orderReturn to trial levelPersonal appearanceCounsel appearanceStatus conference
References
Case No. ADJ7035398
Regular
Mar 10, 2010

ANDREW MERLOS vs. COCA COLA ENTERPRISES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Defendant Coca Cola Enterprises petitioned for removal of a WCJ's order requiring an adjuster to appear in person at trial with settlement authority. Defendant argued the adjuster was in Ontario, travel was costly, settlement authority was present at the MSC, and the order denied due process. The Appeals Board granted removal, finding the order would not facilitate settlement and the expense was unjustified given the parties' positions. The Board amended the order to allow the adjuster to appear by telephone with settlement authority.

Workers' Compensation Appeals BoardPetition for RemovalOrder to AppearSettlement AuthorityMandatory Settlement ConferenceDue ProcessQualified Medical EvaluationPermanent DisabilityTrial AppearanceTelephone Appearance
References
Case No. ADJ8164012
Regular
Jul 01, 2013

HOSSEIN MOGHADAM vs. TESORO USA PETROLEUM, COMMERCE & INDUSTRY INSURANCE

This case concerns a $\$ 250$ sanction imposed on applicant's attorney for failing to appear at a hearing. The applicant's attorney sought reconsideration, arguing a misunderstanding of "special appearance." The Appeals Board denied the petition, adopting the WCJ's reasoning and clarifying that a "special appearance" does not excuse an attorney from a hearing, especially when made by opposing counsel. The Board emphasized that only a WCJ can excuse an appearance or grant a continuance, and cautioned the attorney against future rule violations.

Petition for ReconsiderationOrder Imposing SanctionsFailure to AppearSpecial AppearanceWCJApplicant's AttorneyFiduciary DutiesConflict of InterestContinuanceAppeals Board Rule 10843
References
Case No. ADJ782721 (SBR 0340531)
Regular
Feb 14, 2011

ROSALIND GRANT vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Rosalind Grant's claim due to her failure to appear at trial. The WCAB found the dismissal improper because Grant's attorney was present at trial, and the rules permit dismissal only if a party and their representative fail to appear. Furthermore, the applicant has no obligation to testify, and defendants must formally subpoena an absent applicant or provide a notice to appear to their attorney. The case was returned to the trial level for further proceedings, including potential action on a previously negotiated compromise and release.

ReconsiderationDismissal OrderFailure to AppearCompromise and ReleaseAttorney RepresentationMandatory Settlement ConferenceNotice of Intention to DismissRescinded OrderReturn to Trial LevelHearsay Evidence
References
Case No. ADJ8265185
Regular
Jul 11, 2014

WALTER VELIZ vs. POTENTIAL INDUSTRIES, BERKLEY SPECIALTY

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claim for failure to appear. The Board found the lien claimant's representative did not make a proper appearance, as they were not present when the case was called despite signing the minutes. Additionally, the claimant failed to comply with mandatory notice provisions and did not provide sufficient good cause for their non-compliance. Consequently, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardReconsideration DeniedLien DismissalNotice of Intention to Dismiss LienLabor Code section 4903.6(b)WCAB Rules 10770.1(e)WCAB Rules 10774.5Electronic Adjudication Management SystemLien ClaimantHearing Representative
References
Case No. ADJ11181283 ADJ11956417
Regular
Mar 30, 2020

GREGORIO PADILLA vs. USA WASTE OF CALIFORNIA, INC.; ACE AMERICAN INSURANCE, administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted removal and rescinded an order compelling the applicant to attend a Qualified Medical Evaluation (QME). The original order was issued at a status conference where the applicant's attorney was reportedly late due to illness. The Board found that due process requires an opportunity for the applicant to challenge the order before it is issued, especially given the verified explanation for the attorney's late arrival. Consequently, the matter was returned to the trial level for further proceedings.

Petition for RemovalPanel Qualified Medical EvaluationWCJ OrderApplicant's AttorneyLate AppearanceDue ProcessRescind OrderReturn to Trial LevelPQMEIrreparable Harm
References
Case No. ADJ6545416
Regular
Jun 10, 2016

CARLOS LOPEZ vs. MUSEUM SQUARE, STATE COMPENSATION INSURANCE FUND INSURED

Tri-County Medical Group sought reconsideration of a dismissal for non-appearance at a lien trial, arguing their representative had a conflicting appearance and this constituted excusable neglect. While a notice of representation was filed, the Board denied reconsideration. The Board found Tri-County failed to provide adequate grounds for relief under CCP 473(b), as the representative's attendance at other matters, without prior notice to the court, did not rise to the level of excusable neglect. Therefore, the dismissal of Tri-County's lien stands.

Workers' Compensation Appeals BoardLien Claim DismissalReconsiderationNon-AppearanceLien ConferenceExcusable NeglectCode of Civil Procedure Section 473(b)Petition for ReconsiderationNotice of RepresentationWCJ
References
Case No. ADJ10184700
Regular
Nov 29, 2017

JONATHAN PARKER vs. INDY FUEL HOCKEY, GREAT DIVIDE INSURANCE COMPANY

This case involves a defendant insurance company seeking reconsideration of a WCAB decision finding jurisdiction over a professional hockey player's injury claim. The defendant argued the WCAB lacked personal jurisdiction, but the Board denied reconsideration. The defendant waived its objection to personal jurisdiction by failing to timely raise it and instead engaging in discovery and litigating subject matter jurisdiction. Subsequent actions, such as filing a Declaration of Readiness to Proceed and participating in hearings without specifying a special appearance for personal jurisdiction, constituted a general appearance. Therefore, the WCJ's original decision finding jurisdiction was affirmed.

Workers Compensation Appeals BoardIndy Fuel HockeyGreat Divide Insurance CompanyADJ10184700Petition for ReconsiderationPersonal JurisdictionSubject Matter JurisdictionLabor Code 3600.5(a)Labor Code 5301Labor Code 5305
References
Case No. ADJ880264 (AHM 0133336)
Regular
Apr 19, 2017

DANIEL MEDINA vs. CONTROL AIR CONDITIONING, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration and rescinded the dismissal of his case. The dismissal was deemed a violation of due process because the applicant did not receive adequate notice that his case would be dismissed based on his personal appearance at the June 26, 2017 trial or his alleged lack of participation. The WCAB found that the original Notice of Intention to Dismiss was solely based on failure to appear at the May 15, 2017 trial, and the applicant's request for an opportunity to be heard on these issues was improperly denied. Consequently, the matter was returned to the trial level for further proceedings, ensuring the applicant's right to a fair hearing.

Petition for ReconsiderationDismissal of CaseNotice of Intention to DismissDue ProcessFailure to AppearAttorney Calendaring ErrorReport and RecommendationWorkers' Compensation JudgeWCABFindings of Fact
References
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