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

Case No. ADJ3736897 (RIV 0044021)
Regular
Apr 07, 2014

TERESA BOLTON vs. PALM SPRINGS UNIFIED SCHOOL DISTRICT, KEENAN ASSOCIATES

The Appeals Board granted the lien claimant's petitions for removal, finding the defendant's petition for reconsideration untimely. The Board rescinded the WCJ's order vacating a prior minute order that required the defendant to pay $300 to the lien claimant. Consequently, the November 27, 2013 minute order, requiring the defendant to pay the costs, was reinstated. The defendant's petition for reconsideration was dismissed as untimely.

Petition for RemovalPetition for ReconsiderationUntimely FilingWCJ AuthorityMinute OrderLien ClaimantCosts AwardRescinded OrderReinstated OrderAppeals Board
References
Case No. ADJ8050106 ADJ9468937 ADJ9154032
Regular
Nov 03, 2018

ANTONIO VAZQUEZ vs. CARSON TRAILERS, AMTRUST NORTH AMERICA

The Appeals Board dismissed the petition for reconsideration because it was taken from an interlocutory procedural order, not a final decision. The Board also denied the petition for removal, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision issues. The order pertains to multiple cases involving Antonio Vazquez and Carson Trailers. The WCJ's order directing the use of a specific bill reviewer was deemed an evidentiary/procedural matter.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderEvidentiary OrderProcedural OrderSubstantive RightThreshold IssueExtraordinary Remedy
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ9652696
Regular
Jul 11, 2016

JAVIER GARCIA vs. YIRAE FASHION, INC., EMPLOYERS' COMPENSATION INSURANCE COMPANY

The Appeals Board granted the applicant's petition for removal due to a May 24, 2016 Minute Order from the WCJ. The order's ambiguity regarding trial issues of "reopening the record" or "clarification" would cause the applicant irreparable harm. The Board found the WCJ's order lacked clarity on issues, stipulations, and admitted evidence, violating the duty to create a complete and comprehensible record. Consequently, the Minute Order was rescinded, and the case was returned to the trial level to properly clarify issues and establish the record.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMinute OrderReopen RecordClarification of RecordSignificant PrejudiceIrreparable HarmQualified Medical ExaminationPQME
References
Case No. ADJ9813773
Regular
Apr 04, 2019

Christina Eastland vs. Orange County Transportation Authority

The Workers' Compensation Appeals Board granted removal to the defendant, Orange County Transportation Authority. This decision rescinded a prior Minute Order that compelled depositions over the defendant's objection. The Board found the Minute Order violated the defendant's due process rights by failing to provide adequate notice that employee witness depositions, rather than QME depositions, would be addressed. Therefore, the case is returned to the trial level for proper notice and an evidentiary hearing.

Petition for RemovalDue ProcessMinute OrderWCJEmployee Witness DepositionsDeclaration of Readiness to ProceedStatus ConferenceObjection and Motion to QuashProtective OrderOrder to Quash
References
Case No. ADJ6966334
Regular
Jan 12, 2012

WALTER CADENA vs. UNITED CARRIER, APPLIED RISK SERVICES

Lien claimants sought reconsideration of an order compelling a deposition, arguing it violated a prior consolidation order. The Board dismissed the reconsideration petition as the Minute Order was not a final decision. However, the Board granted removal to allow Associate Chief Judge Kahn to clarify if his prior consolidation order applied to the deposition. The deposition order is suspended pending ACJ Kahn's review and advisement within 20 days.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder of Consolidation for DiscoveryAdministrative Law JudgeAssociate Chief JudgeMinute OrderDepositionLien ClaimantsDiscovery Matters
References
Case No. ADJ7671523
Regular
Oct 15, 2018

ALFONSO MUNGUIA vs. SBR ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration as untimely and not from a final order. However, the WCAB granted the lien claimant's petition for removal, finding that the WCJ's order disallowing the listing of all issues and arguments on the Pre-Trial Conference Statement caused significant prejudice. The WCAB rescinded the WCJ's minute order and returned the matter to the trial level for further proceedings. The claimant's industrial injury case had already been resolved by a Compromise and Release.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantPre-Trial Conference StatementWCJMinute Orderuntimely petitionfinal ordersubstantive right
References
Case No. ADJ4201900 (OAK 0256105) ADJ1515754 (OAK 0212526) ADJ868359 (OAK 0282983)
Regular
Feb 27, 2017

GRACE BEATTY vs. KAISER FOUNDATION HEALTH PLAN HOSPITAL

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petitions for reconsideration. The petitions sought to revisit a Minute Order that placed the case off calendar, which is not a final order. A petition for reconsideration can only be taken from a final order that determines substantive rights or liabilities. Therefore, the WCAB found the petitions procedurally improper and dismissed them.

Workers' Compensation Appeals BoardPetition for ReconsiderationOff Calendar OrderCompromise and ReleaseSubsequent Injury Benefits Trust FundNon-Final OrderLabor CodeFinal OrderSubstantive RightLiability
References
Case No. ADJ9274305
Regular
Dec 15, 2014

SALVADOR REYES vs. AVP&H A CALIFORNIA CORPORATION, MEADOWBROOK INSURANCE GROUP

The Workers' Compensation Appeals Board dismissed Salvador Reyes's Petition for Reconsideration because it was filed against an interlocutory order, not a final decision. The Petition for Removal was dismissed as moot, as the underlying issue regarding a specific Qualified Medical Examiner appeared to be resolved. Both petitions were denied as they did not address substantive rights or liabilities. The order reflects standard practice for non-final and moot petitions.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityMootnessQMEOrder to CompelMeet and Confer
References
Case No. ADJ9660632
Regular
Feb 17, 2017

FRANCISCO SANCHEZ vs. MERCHANTS BUILDING MAINTENANCE dba GUARD SYSTEMS, INC., CLAIMQUEST, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order that dismissed the applicant's case. The WCJ had found the WCAB lacked jurisdiction due to an alternative dispute resolution (ADR) agreement and directed parties to present the jurisdiction issue to an arbitrator. However, the WCAB found the WCJ's dismissal order lacked reasoning and evidence, failing to comply with legal requirements for a decision. The case is returned to the trial level for further proceedings and a new decision, to determine jurisdiction and whether the applicant's case should be reopened before the WCAB.

Workers' Compensation Appeals BoardPetition for ReconsiderationAlternative Dispute ResolutionJurisdictionDismissalMinute OrderDeclaration of Readiness to ProceedPetition for DismissalLabor CodeThreshold Issues
References
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