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Case Law Database

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

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. 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. ADJ4398425 (LAO 0875977) ADJ1647933 (LAO 0867627)
Regular
Jul 21, 2010

PHYLLIS MOSS vs. PriceWaterhouseCoopers, LLP, Chubb Services Corporation

This case involves a dispute over a mandatory settlement conference (MSC) where both parties claim the other was absent or improperly handled the proceedings. The Appeals Board granted removal due to conflicting records and confusing circumstances surrounding the MSC and a subsequent trial setting. The Board found the WCJ erred by setting the matter for trial after issuing an order taking it off calendar, despite conflicting accounts of attorney appearances. Consequently, the scheduled trial was converted to a status conference for further proceedings.

Petition for removalMandatory settlement conferenceOrder off calendarMinutes of HearingPre-Trial Conference StatementAgreed Medical Evaluator (AME)Status conferenceRemandedWCJWCAB
References
0
Case No. ADJ1718273 (SFO 0464362)
Regular
Feb 22, 2013

MARIANNE WALSH vs. G.A. WRIGHT, INC., CNA CASUALTY OF CALIFORNIA

This case involves a workers' compensation claim where the defendant petitioned for removal, arguing the record was complete for trial. The Appeals Board granted the petition, finding the prior order to continue to a Mandatory Settlement Conference (MSC) was premature. The Board rescinded that order and returned the case to the trial level for an MSC to file a Pretrial Conference Statement, as discovery had closed. The applicant must now attend MSCs and trial in person to facilitate these necessary procedural steps.

Petition for RemovalMandatory Settlement ConferencePretrial Conference StatementLabor Code section 5502(d)(3)Discovery ClosureIndustrial InjuryOverexertion at high altitudeChest wall injuryLung injuryHeart injury
References
1
Case No. ADJ9174788
Regular
Jun 09, 2004

JEFFREY ROGERS vs. FRESH AND EASY NEIGHBORHOOD MARKET, LIBERTY MUTUAL INSURANCE COMPANY

Defendant Fresh and Easy Neighborhood Market sought removal of an order setting a Mandatory Settlement Conference (MSC) for April 1, 2014, alleging prejudice. However, the MSC proceeded as scheduled, and the defendant's petition for removal was not received by the Appeals Board until after the conference had concluded. Consequently, the petition was rendered moot. The Appeals Board dismissed the petition, noting the orderly progression of the case towards a trial set for June 17, 2014, which was limited to specific issues with discovery remaining open.

Petition for RemovalMandatory Settlement ConferenceElectronic Adjudication Management SystemAOE/COE conferenceWCJmootQualified Medical EvaluatorReport and RecommendationCumulative TraumaIndustrial Injury
References
0
Case No. ADJ4361808 (FRE 0243007) ADJ483312 (FRE 0243008)
Regular
Dec 21, 2012

STEPHANIE EVANS vs. COMMUNITY MEDICAL CENTERS permissibly self-insured, administered by GALLAGHER BASSETT SERVICES

This case involves a lien claimant seeking reconsideration of an order dismissing their lien for failing to attend a mandatory settlement conference (MSC). The Board granted reconsideration, rescinded the dismissal order, and returned the case to the trial level. The Board found that the lien claimant was not required to attend the MSC because the case had not yet settled, and the defendant failed to properly notify or attempt to contact the lien claimant regarding the settlement. Additionally, while the lien claimant's objection to the dismissal notice was technically one day late, the significant delay by the WCJ in acting on it rendered the dismissal improper.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder to DismissMandatory Settlement ConferenceLien ClaimantNotice of Intention to DismissCompromise and ReleaseOfficial Address RecordGood CauseTrial Level
References
0
Case No. ADJ4313424 (SJO 0269593)
Regular
Jul 13, 2011

SUSAN GRACE vs. SANTA CLARA COUNTY HEALTH, COUNTY OF SANTA CLARA

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order that allowed the applicant to obtain expert evidence on the "Ogilvie" issue after the mandatory settlement conference (MSC). The Board found the applicant failed to demonstrate due diligence in identifying and retaining an expert witness for this issue prior to the MSC. Consequently, discovery was closed as of the MSC date, and the case was returned to the trial level for further proceedings.

Ogilvie evidenceGrupe casePetition for RemovalMandatory Settlement ConferenceLabor Code section 5502(e)(3)due diligencePermanent Disability Rating ScheduleDREC adjustment factorWCJAppeals Board
References
2
Case No. ADJ7071120
Regular
Jul 07, 2010

CARRIE JOHNSON vs. FEDERAL EXPRESS CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Defendant Federal Express sought removal of an order allowing applicant further discovery beyond the mandatory settlement conference (MSC). The Appeals Board granted removal, finding the applicant lacked due diligence in pursuing discovery before the MSC. Applicant's failure to object to the defendant's Declaration of Readiness to Proceed further waived any objections to proceeding on the existing record. Consequently, the WCAB rescinded the MSC order and returned the case to the trial level with discovery closed.

Petition for removalMandatory settlement conferenceOrder off calendarDue diligenceQualified Medical EvaluatorDiscovery closureDeclaration of Readiness to ProceedWaiver of objectionsPermanent disabilityIndustrial injury
References
1
Case No. ADJ1906750 (OAK 0339121) ADJ7499032
Regular
Aug 15, 2013

MARY FISHER vs. MET LIFE INSURANCE, NATIONAL UNION FIRE INSURANCE COMPANY

The Appeals Board granted the applicant's Petition for Removal to rescind the WCJ's order closing discovery and continuing the case to trial. The WCJ erred by converting a status conference into a mandatory settlement conference without adequate notice to the applicant, thereby unfairly precluding her from obtaining a required vocational expert report. Since the applicant did not expect discovery to close at the initial status conference, the Appeals Board returned the matter for a proper MSC and further proceedings.

Petition for RemovalVocational expert reportMandatory Settlement ConferenceDiscovery closureIndustrial injuryLabor Code section 5502(d)(3)Grupe Company v. Workers' Comp. Appeals Bd.Labor Code section 5703(j)Due diligenceStatus conference
References
1
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