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Case Law Database

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

Case No. ADJ8497883
Regular
Jan 27, 2014

ANGEL ROBLES vs. UKANI ENTERPRISES INC. \& MIRMAR ENTERPRISES INC.; THE HANOVER INSURANCE COMPANY

In this workers' compensation case, the defendant sought to remove an order that placed the matter off calendar, arguing discovery should have closed and the case proceed to trial. The Appeals Board denied the petition, explaining that the administrative law judge correctly took the case off calendar because a pretrial conference statement was not filed, a requirement for proceeding to trial after a mandatory settlement conference. The Board noted that discovery closes at the mandatory settlement conference, and if the case is not resolved at the next one, a pretrial statement must be filed, and the case will then be continued to trial.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceDiscovery ClosingPretrial Conference StatementLabor Code Section 5502(d)(3)Off Calendar OrderDeclaration of Readiness to ProceedAdministrative Law JudgePermanent Disability Rating
References
0
Case No. ADJ9689895
Regular
Sep 19, 2025

ROBERT GONZALES vs. NORTHROP GRUMMAN SERVICES CORPORATION, AIG

The Appeals Board denied Northrop Grumman's petition for removal, finding no substantial prejudice or irreparable harm. The defendant argued the judge erred by not requiring a pre-trial conference statement at the mandatory settlement conference and by setting the matter for trial without notice of issues. However, the Board noted that defendant's own actions invited or waived the alleged error, and a subsequent filing of the statement rendered the argument moot. Removal is an extraordinary remedy, and reconsideration is an adequate remedy for any potential adverse decision.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMandatory Settlement ConferencePre-Trial Conference StatementTriable IssuesLabor Code Section 5811WCAB Rule 10515DemurrersPetitions for Judgment on Pleadings
References
2
Case No. ADJ8002481
Regular
Jun 05, 2012

MICHAEL GAMBILL vs. CONSTRUCTION TESTING SERVICES, INC., IMPERIUM INSURANCE COMPANY

In *Gambill v. Construction Testing Services, Inc.*, the Workers' Compensation Appeals Board granted defendant's Petition for Removal. The Board found that defendant's attorney's late appearance at a Mandatory Settlement Conference was due to an inadvertent calendaring error, not a pattern of misconduct. Therefore, substantial justice warranted allowing the parties to revise their Pretrial Conference Statement before the scheduled trial. The Board's decision permits revised pretrial statements and allows the judge to take further appropriate action at trial, including potential continuances.

Petition for RemovalMandatory Settlement ConferenceMiscalendaringInadvertent ErrorSubstantial JusticeReimbursement of CostsPretrial Conference StatementDecision After RemovalWorkers' Compensation Appeals BoardWCJ
References
0
Case No. MISSING
Regular Panel Decision

Davison v. Chemical Leaman Tank Lines, Inc.

This case involves an appeal concerning a settlement order in a workers' compensation matter. The court initially erred by concluding that New Hampshire Insurance Company (NHIC), the compensation carrier, had sufficient notice of an initial settlement conference in 1984 and had waived its right to contest the reasonableness of the settlement. It was undisputed that NHIC was not served with papers prior to the initial conference, as required by Workers’ Compensation Law section 29 (5). The court also addressed the timeliness of the plaintiff's application for a nunc pro tunc compromise order, made 19 months after the initial settlement, ruling it timely as the delay was not due to plaintiff's neglect or fault and NHIC was not prejudiced. However, due to doubts about whether NHIC was fully heard and if adequate consideration was given to its concerns regarding the settlement's fairness (specifically regarding medical expenses, loss of consortium offset, and allocations to children not parties), the order was reversed. The matter was remitted for the development of a record and specific findings on the reasonableness of the settlement.

Workers' CompensationSettlement AgreementNotice RequirementsNunc Pro Tunc OrderCompromise OrderCarrier LiabilityReasonableness of SettlementLoss of ConsortiumMedical ExpensesAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

In re Settlement Capital Corp.

Settlement Capital Corporation (SCC) sought court approval, under New York's Structured Settlement Protection Act (SSPA), to acquire $125,000 of a $225,000 annuity payment due to Richard C. Ballos on October 1, 2010. Ballos, a totally disabled father of two, agreed to transfer these rights for a net advance of $36,500, reflecting a 15.591% annual discount rate. The court, presided over by Justice Patricia E. Satterfield, denied the petition after a hearing on April 23, 2003. The decision hinged on a two-pronged test: whether the transfer was in Ballos's 'best interest' and if the transaction terms were 'fair and reasonable.' The court found that Ballos did not demonstrate 'true hardship' given his other income sources and previous transfer of structured settlement payments, concluding it was not in his or his dependents' best interest. Furthermore, the court deemed the 15.591% discount rate, resulting in Ballos receiving only 29% of the transferred amount, unconscionable and not 'fair and reasonable.'

Structured SettlementStructured Settlement Protection Act (SSPA)Annuity TransferDiscount RateBest Interest StandardFair and Reasonable StandardPayee ProtectionFinancial HardshipCourt ApprovalGeneral Obligations Law
References
12
Case No. LAO 810766
Regular
Mar 07, 2008

ALISON FAIRCHILD vs. DENNY'S RESTAURANT

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal because defense counsel claims they did not receive notice of the mandatory settlement conference and trial. The Board found that defense counsel likely did not receive proper service at their correct address and was thus deprived of notice and an opportunity to appear. Consequently, the scheduled March 13, 2008 trial has been redesignated as a mandatory settlement conference.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceNotice of HearingService of ProcessDeclaration of Readiness to ProceedOfficial Address RecordIndustrial InjuryWaitressMultiple Sclerosis
References
0
Case No. ADJ5812319
Regular
Mar 28, 2013

EILEEN FRANCE vs. SUTTER MEMORIAL HOSPITAL, SUTTER HEALTH

The Appeals Board granted the defendant's Petition for Removal, finding the WCJ erred by continuing the case for further medical evidence and QME panels instead of scheduling it for trial. The applicant failed to object to the defendant's Declaration of Readiness to Proceed, and discovery should have closed at the Mandatory Settlement Conference. Consequently, the Board redesignated the upcoming hearing as a Mandatory Settlement Conference and returned the case for further proceedings leading to trial, deferring issues of due diligence and medical record development to the trial judge.

Petition for RemovalDeclaration of Readiness to ProceedMandatory Settlement ConferenceQualified Medical EvaluatorDiscoveryMedical EvidenceDue DiligenceExtraordinary CircumstancesMedical Record DevelopmentStipulations
References
1
Case No. ADJ7300791
Regular
Jun 06, 2011

James Larsh vs. CITY OF MONROVIA

The City of Monrovia petitioned for removal, arguing the Appeals Board lacked jurisdiction as it was never formally joined as a defendant. While the applicant alleged an injury against the County of Riverside, a claim form also indicated a cumulative trauma injury against Monrovia, which Monrovia had participated in proceedings for, including a Mandatory Settlement Conference. The Appeals Board granted the removal petition, finding insufficient procedural formality, and ordered the case redesignated as a Mandatory Settlement Conference for Monrovia to be formally joined and the application amended.

Petition for RemovalWorkers' Compensation Appeals BoardCity of MonroviaPermissibly Self-InsuredOpinion and Order Granting Petition for RemovalDecision After RemovalApplicantIndustrial InjuryRespiratory SystemCumulative Trauma
References
1
Case No. ADJ8514121
Regular
Aug 04, 2015

SHEREE MIZZI vs. DAL POGETTO AND CO., LLP, PREFERRED EMPLOYERS INSURANCE COMPANY

Defendants sought removal of an order denying their request for a trial setting and taking the matter off calendar, arguing for discovery closure by a prior mandatory settlement conference and a trial. The Workers' Compensation Appeals Board denied removal, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The Board recommended a mandatory settlement conference and that discovery be closed appropriately. The WCJ was also directed to consider the admissibility of a vocational rehabilitation report and potential sanctions related to applicant's counsel's conduct.

Petition for RemovalDeniedWCJMandatory Settlement ConferenceDiscoveryVocational Rehabilitation EvaluationSanctionsLabor Code section 5502(d)Labor Code section 5813Cal. Code Regs. tit. 8
References
2
Case No. OAK 0273736 OAK 0331633 OAK 0284934
Regular
Oct 01, 2007

PAULETTE JOHNSON vs. DAY AREA RAPID TRANSIT and ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied a disqualification petition against WCJ Lilla J. Rados. Defendants claimed improper assignment to a mandatory settlement conference and bias due to a statement about applicant's supervisor's testimony. The Board found the statement insufficient to demonstrate bias and noted that procedural assignment rules do not constitute grounds for disqualification.

DisqualificationMandatory Settlement ConferenceWCJ BiasLabor Code Section 132aCumulative TraumaFindings and AwardCode of Civil Procedure Section 641Appearance of BiasWCAB Rule 10347Section 5700
References
1
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