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

Case No. ADJ8782991, ADJ8783990
Regular
Aug 08, 2013

CHANTELLE LOPEZ vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal seeking to rescind an order continuing the case to trial. The Board found the petition to be procedurally deficient as it was unverified and lacked a showing of significant prejudice. While the defendant correctly argued the cases shouldn't have been set for a priority conference due to admitted injuries, the conference effectively served as a settlement conference, and the trial is not limited to just temporary disability. The Board affirmed that the trial may proceed on all issues identified in the Pre-Trial Conference Statement.

Workers Compensation Appeals BoardPetition for RemovalPriority ConferenceMandatory Settlement ConferencePre-Trial Conference StatementDeclaration of Readiness to ProceedWCJUnverified PetitionPrimary Treating PhysicianMedical-Legal Process
References
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 The Board rescinded the judge's order, stating that a mandatory settlement conference (MSC) is required after a status conference unless parties agree otherwise.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
Case No. ADJ3046670 (POM 234030) ADJ3251524 (POM 0179393
Regular
Sep 03, 2014

CAROL ALLISON vs. MERTZ DEL AMO MOBILE ESTATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted removal petitions from both applicant Carol Allison and defendant CIGA, rescinding prior orders concerning an independent medical examination and trial setting. The case is returned to the Marina Del Rey District Office for a conference before the Presiding Workers' Compensation Administrative Law Judge. This conference aims to address the case's complex procedural and substantive issues, which may stem from address errors, service defects, multiple judges, or attorney animosity. CIGA's petition for sanctions against the applicant was denied without prejudice.

WORKERS' COMPENSATION APPEALS BOARDCIGAPETITIONS FOR REMOVALDECISION AFTER REMOVALindependent medical examinerPERMANENT DISABILITYSTATUTE OF LIMITATIONSPROCEDURAL ISSUESDEFECTIVE FILINGSERVICE OF PAPERS
References
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
Case No. ADJ803080 (LBO 0386412)
Regular
Mar 16, 2009

ANDRES SANCHEZ JUARES (Dec'd.), EVER REYES CARILLO (App.) vs. FANG CLOTHING, INC., INSURANCE COMPANY OF THE WEST GROUP/EXPLORER

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration from an insurer but granted removal of the case. The WCAB found that the administrative law judge (ALJ) improperly scheduled a trial conference when a status conference was requested to address discovery issues. This procedural error would cause prejudice and irreparable harm by forcing parties to trial prematurely without adequate discovery or settlement opportunity. Consequently, the WCAB rescinded the ALJ's order and returned the case for further proceedings.

Workers' Compensation Appeals BoardReconsiderationRemovalStatus ConferenceMandatory Settlement ConferenceLabor Code Section 5502Declaration of ReadinessPre-trial Conference StatementDiscovery IssuesStipulations
References
Case No. ADJ845033 (VNO 0407336) ADJ1911914 (VNO 0412063) ADJ1461680 (VNO 0338656) ADJ2866384 (VNO 0338654) ADJ451885 (MON 0224886) ADJ1364506 (VNO 0407335) ADJ2640142 (VNO 0407334) ADJ1480083 (MON 0264343)
Regular
Apr 04, 2012

DONALD RENETZKY vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for removal concerning potential discovery closure under Labor Code section 5502(e)(3). The defendant argues prejudice due to unresolved discovery issues related to applicant's home health care services claim, particularly regarding an increase in prescribed hours. The Appeals Board granted removal, deeming the prior conference a status/discovery conference. This allows for completion of discovery to facilitate a just resolution and prevent prejudice to the defendant.

Petition for RemovalDiscovery ClosureLabor Code Section 5502(e)(3)Pretrial Conference StatementMandatory Settlement ConferenceHome Health Care ServicesAgreed Medical ExaminerTreating PhysicianHome Health Care EvaluatorDeposition
References
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
Case No. ADJ8162003
Regular
Dec 17, 2014

MARIA GUIZAR vs. CROWN PLAZA HOTEL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY, PATRIOT RISK SERVICES

Defendant sought removal, arguing a trial date was set prematurely before a mandatory settlement conference. The Board reviewed the case and found the petition moot because the parties appeared for trial on the scheduled date and jointly requested the case be taken off calendar. The trial judge also effectively nullified the prior order the defendant objected to. Therefore, the Petition for Removal was dismissed as the issues raised were resolved.

Petition for RemovalMandatory Settlement ConferenceOrder Vacating JoinderWCJWorkers' Compensation Appeals BoardMootStatus ConferenceTrial DateDiscoveryStipulations
References
Case No. ADJ9108418
Regular
Jul 24, 2014

OLIVIA MOLINA vs. KARL STORZ IMAGING INC., UNITED STATE FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to allow for further discovery. The applicant claims multiple industrial injuries, which the employer denies. Two prior attempts to depose the applicant were unsuccessful due to circumstances beyond her control. The Board found the case's trial setting premature, especially with a QME panel recently requested, and redesignated the upcoming hearing as a priority conference to determine necessary discovery.

Petition for RemovalDecision After RemovalContinued MatterClosed DiscoveryAdditional DiscoveryApplicant's DepositionInterpreterQualified Medical Evaluator (QME)Panel of QMEsMedical Unit
References
Case No. ADJ7763837
Regular
Jun 27, 2012

ANTHONY DORSETT vs. DENVER BRONCOS, DALLAS COWBOYS

The Denver Broncos petitioned to remove a workers' compensation case, arguing a prior settlement (ADJ4142902) barred the current claim (ADJ7763837) under res judicata. However, the Board denied the petition because the defendant failed to produce evidence of the prior settlement during discovery, preventing them from proving their claim. Therefore, the administrative law judge correctly continued the case to a status conference. The Board affirmed the ALJ's decision, denying the defendant's petition for removal.

Petition for RemovalRes JudicataCompromise and ReleaseDuplicative ClaimAdministrative Law JudgeAppeals BoardPrior ClaimIndustrial InjuryProfessional Football PlayerMandatory Settlement Conference
References
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