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

Case No. 8 N.Y.3d 892
Regular Panel Decision
Mar 22, 2007

In the Matter of Cagle v. Judge Motor Corporation

This case involves a motion for reargument of a motion for leave to appeal. The initial motion for leave to appeal was previously denied, as referenced in 7 NY3d 922. Kim M. Cagle, as Voluntary Administrator of the Estate of John R. Cagle, Deceased, is the appellant. Judge Motor Corporation and the Workers' Compensation Board are the respondents. The Court of Appeals of the State of New York considered the motion on February 5, 2007, and rendered its decision on March 22, 2007.

Motion for ReargumentLeave to AppealWorkers' CompensationEstateVoluntary Administrator
References
1
Case No. ADJ4639631 (MON 0327478)
Regular
Nov 08, 2012

MARY JONES vs. UCLA MEDICAL CENTER, SEDGWICK, CMS

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, finding that the judge improperly continued the case to trial after a status conference without defendant's agreement. The Board rescinded the judge's order, stating that a mandatory settlement conference (MSC) is required after a status conference unless parties agree otherwise. The case is returned for further proceedings, including setting a new MSC, with discovery remaining open to allow the defendant to complete its investigation.

Petition for RemovalWCJStatus ConferenceMandatory Settlement ConferenceDiscoveryOff CalendarLabor Code Section 5502(e)(3)WCAB Rule 10301(dd)Pretrial Conference StatementDeclarations of Readiness to Proceed
References
2
Case No. ADJ7987503; ADJ7516174
Regular
May 29, 2012

ELOY MORENO-HERNANDEZ vs. SYSCO FOODS/FRESH POINT, ZURICH AMERICAN INSURANCE, GALLAGHER BASSETT SERVICES

The Appeals Board granted the applicant's Petition for Removal and rescinded the prior order compelling a second QME evaluation. The Board found that the Presiding Workers' Compensation Judge erred in deciding the QME issue at a Mandatory Settlement Conference (MSC) without a clear agreement from both parties to submit the issue for decision. Additionally, there was no proper evidentiary record upon which the judge could base the decision. The matter is returned to the trial level for further proceedings, including another MSC and potential trial, to properly address the QME selection dispute.

Petition for RemovalQualified Medical Evaluator (QME)Mandatory Settlement Conference (MSC)Due ProcessPanel QMEAdministrative Law Judge (WCJ)Labor Code Section 5502(e)(2)WCAB Rule 10353(a)Agreement of the PartiesSubstantial Evidence
References
1
Case No. ADJ10302037
Regular
Apr 19, 2017

HORACE WILLIAMS vs. ALAMEDA COUNTY, YORK RISK SERVICES

The applicant, Horace Williams, filed a Petition to Disqualify Judge Christopher Miller prior to an expedited hearing. Following this petition, the case was reassigned to a different judge, Stanley Shields. Consequently, the Appeals Board dismissed the applicant's petition as moot due to the reassignment of the judge. The Board's order reflects that the disqualification petition is therefore dismissed.

Petition to DisqualifyWCJReassignmentMootDismissedExpedited HearingRemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeOakland District Office
References
0
Case No. ADJ8217179
Regular
Jun 18, 2012

CYNTHIA BRUNNEMER vs. DFA OF CALIFORNIA, LIBERTY MUTUAL

Applicant's attorney filed a petition that was initially miscaptioned as a "Petition for Disqualification," causing confusion for the Workers' Compensation Judge. The applicant later amended the petition to clarify it sought only an "automatic reassignment" (peremptory challenge) of the judge, not disqualification. The Appeals Board dismissed the disqualification portion and remanded the reassignment petition for determination by the presiding judge or a designee. The Board cautioned the attorney about the wasted time and resources due to the imprecise initial filing.

Petition for DisqualificationAutomatic ReassignmentWCJWCAB Rule 10453WCAB Rule 10452Peremptory ChallengePresiding WCJReport and RecommendationLab. Code § 5311Cal. Code Regs. tit. 8 § 10452
References
5
Case No. ADJ8861686
Regular
Dec 02, 2013

RAMON RODRIGUEZ vs. METHODIST HOSPITAL OF SOUTHERN CALIFORNIA, KEENAN & ASSOCIATES

The Appeals Board granted removal, rescinding a trial judge's order to reopen discovery for applicant's internal medicine claims. Applicant sought to develop evidence for digestive and diabetes injuries after the Mandatory Settlement Conference (MSC), but discovery legally closed on the MSC date. The Board found no good cause for applicant's failure to conduct this discovery earlier, citing Labor Code section 5502(d)(3)'s prohibition against admitting evidence obtained after the MSC without a showing of due diligence.

Workers' Compensation Appeals BoardPetition for RemovalDecision After RemovalMandatory Settlement ConferenceDiscovery ClosureLabor Code Section 5502Record DevelopmentInternal Injury ClaimsDigestive SystemDiabetes
References
1
Case No. ADJ10044579
Regular
Dec 20, 2017

NEVITA BAILEY vs. FIRST GROUP AMERICA, NEW HAMPSHIRE INSURANCE COMPANY

The applicant filed a Petition for Removal after the Administrative Law Judge (ALJ) issued a Notice of Intent to Dismiss due to the applicant's failure to appear at a Mandatory Settlement Conference (MSC). The ALJ's notice stipulated dismissal unless the applicant appeared at a rescheduled MSC, which was subsequently taken off calendar due to the removal petition. The Appeals Board denied removal, finding no substantial prejudice as the applicant's failure to appear at the rescheduled MSC was rendered moot by the rescheduling. The Board also noted that a Notice of Intent to Dismiss should not be issued for a *potential* future failure to appear, but rather based on an actual occurrence.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceAdministrative Law JudgeNotice of Intent to DismissWCAB Rule 10563WCAB Rule 10562substantial prejudiceirreparable harmreconsideration
References
2
Case No. BGN 63300; BGN 63301 BGN 63302; BGN 63303
Regular
Mar 06, 2008

HARDISTENE HOWARD vs. SOUTHERN CALIFORNIA, RTD; TRAVELERS

The applicant filed a "Petition the Court for Judge Dismissal" alleging a violation of Labor Code section 5312 by the Workers' Compensation Judge. The Board treated this as a petition for disqualification, but dismissed it because it lacked the required affidavit of disqualification and did not state grounds for disqualification under Code of Civil Procedure section 641.

Petition for disqualificationLabor Code section 5311Petition for removalLabor Code section 5310WCAB Rule 10452Mandatory settlement conferenceWCJWorkers' Compensation Appeals BoardUnrepresented applicantProof of service
References
0
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
0
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
6
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