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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
Case No. ADJ8534435
Regular
Jan 11, 2013

RONALD EHMAN vs. AMERICAN CIVIL CONSTRUCTORS, OLD REPUBLIC INSURANCE CORPORATION

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because venue orders are not considered final. The Board also denied the defendant's Petition for Removal, finding the WCJ properly transferred venue to the Oakland District Office. This decision was based on the applicant's residence in Solano County and the injury occurring in Contra Costa County, neither of which have district offices, and Oakland being the nearest office to the injury site. The defendant failed to demonstrate irreparable harm would result from the venue change.

VenueReconsiderationRemovalLabor Code section 5501.5District OfficeApplicant ResidenceInjury LocationContra Costa CountySolano CountyOakland District Office
References
Case No. ADJ10053885
Regular
Dec 24, 2015

MARK NEVITT vs. PARAMOUNT PAINTING, MARKEL SERVICES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for removal, overturning an order denying a change of venue. The WCAB found that venue was proper in Santa Barbara because the applicant resides and his attorney's principal place of business is located there. The Board determined that the Santa Barbara office provides the same essential services as other district offices, making it a valid location for venue under Labor Code section 5501.5. Consequently, the case venue was transferred to the Santa Barbara District Office.

Petition for RemovalOrder Denying Change of VenueLabor Code Section 5501.5VenueDistrict OfficeSanta Barbara District OfficeSan Luis Obispo District OfficeApplicant's ResidencePlace of InjuryAttorney's Principal Place of Business
References
Case No. ADJ855554 (ANA 0388777)
Regular
Aug 24, 2011

CHRISTI HOWARTH vs. LONG BEACH UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, Administered By TRISTAR RISK MANAGEMENT

This case before the Workers' Compensation Appeals Board concerns a petition for disqualification filed by applicant Christi Howarth against the Long Beach Unified School District. The Board reviewed the petition and the report of the workers' compensation administrative law judge. Based on this review, the Board has adopted the judge's report and denied the disqualification petition.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ reportdeny disqualificationrecord reviewadministrative law judgeTRISTAR RISK MANAGEMENTLONG BEACH UNIFIED SCHOOL DISTRICTApplicantDefendants
References
Case No. ADJ8962530
Regular
Oct 05, 2015

Angelina Campos vs. INTEGRATED HEALTH MANAGEMENT SERVICES, CNA CLAIMS PLUS

This case involves a workers' compensation applicant who initially filed in Santa Barbara but was rerouted to Oxnard and then San Luis Obispo. The applicant, now represented, sought to transfer venue back to Santa Barbara, arguing it was the proper location due to her residence, attorney's office, and original filing intent. The WCAB granted removal, rescinded the WCJ's denial, and ordered the venue transferred to Santa Barbara, finding it a valid district office with full services. The decision emphasizes that venue is mandatory in the county of residence or attorney's principal place of business if a district office exists there.

WCABPetition for RemovalChange of VenueLabor Code Section 5501.5Pro PerSan Luis Obispo District OfficeSanta Barbara District OfficeOxnard District OfficeApplication for Adjudication of ClaimCumulative Injury
References
Case No. ADJ7998455
Regular
Sep 10, 2012

BOBBY RIVERA vs. STURGEON & SONS, INC., ZURICH NORTH AMERICA

This case involves clerical errors in a prior Workers' Compensation Appeals Board order denying reconsideration. Specifically, the case number and district office listing in the September 6, 2012 Opinion and Order were incorrect. The Board has issued an order to correct these errors by interlineation on the original document. The corrections involve adding the final "5" to the case number and changing the district office from "Grover Beach" to "San Luis Obispo."

Order Correcting Clerical ErrorsWorkers' Compensation Appeals BoardOpinion and Order Denying ReconsiderationFindings and AwardADJ7998455San Luis Obispo District OfficeGrover Beach District OfficeInterlineations
References
Case No. ADJ9638409
Regular
Jan 11, 2019

PHOEBE McBENNETT vs. LONG BEACH UNIFIED SCHOOL DISTRICT

In McBennett v. Long Beach Unified School District, the Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration to address the award of temporary disability benefits. The WCAB found that while medical evidence supported temporary total disability from September 4, 2014, to February 1, 2015, the issue of whether applicant was bound by a prior stipulation waiving temporary disability benefits through February 8, 2016, remained unresolved. The Board deferred the temporary disability issue and remanded the case to the WCJ for further proceedings to determine if good cause existed to withdraw from the stipulation. The WCAB affirmed the permanent disability award and medical treatment provision.

Workers' Compensation Appeals BoardLong Beach Unified School DistrictTristar Risk ManagementInc.Petition for ReconsiderationFindings and AwardTemporary Disability IndemnityVoluntary RetirementMedical EvidenceStipulation
References
Case No. ADJ10061166
Regular
Oct 02, 2015

Lorenzo Lujan vs. RAMCO, INTERCARE

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, overturning a prior order that denied his request to change venue. The applicant resides in Santa Barbara County, where his injury occurred and his attorney's office is located, and he properly designated Santa Barbara for venue. Despite the Workers' Compensation Division's website listing Santa Barbara as a "Satellite office," the Board found it provides the same essential services as other district offices. Therefore, venue was transferred to the Santa Barbara District Office, as required by Labor Code section 5501.5(a).

Petition for RemovalOrder Denying Change of VenueLabor Code section 5501.5applicant's residencelocation of injuryattorney's principal place of businessSanta Barbara District OfficeSan Luis Obispo District OfficeSatellite officemandatory venue
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
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