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

Case No. ADJ3156595
Regular
May 24, 2011

JOSE ALVISO vs. CLS LANDSCAPE MANAGEMENT, REDWOOD FIRE & CASUALTY, Administered By BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Here's a summary of the case in four sentences for a lawyer: Lien claimant Sidhu Chiropractic's lien was dismissed due to non-appearance at a lien trial and failure to respond to a notice of intention to dismiss. Sidhu claimed it did not receive the notices, attributing the issue to mis-calendaring and misplacing documents after assigning the case file to a hearing representative. The Workers' Compensation Appeals Board granted reconsideration, rescinded the dismissal order, and returned the matter for further proceedings based on the policy favoring hearings on the merits. The Board noted that mis-calendaring alone is insufficient justification for non-appearance and left it to the WCJ's discretion to consider sanctions for the lien claimant's conduct.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationDismissed LienNotice of Intention to DismissCompromise and ReleaseLien TrialNonappearanceGood CausePolicy of Favoring Hearing on Merits
References
1
Case No. MISSING
Regular Panel Decision

Almanzar v. Rye Ridge Realty Co.

Plaintiffs initiated a negligence action in 1982 against Rye Ridge Realty, Veemac Elevator, and Accessories By Pearl after an elevator fall in 1981, leading to multiple injuries. The case was marked off the calendar in 1993 due to a plaintiff's unavailability and subsequently dismissed in 1994 under CPLR 3404 for failure to restore within one year. Plaintiffs' motion to restore the action in 1997, citing excuses like a pending workers' compensation claim and medical treatment, was granted by the motion court. However, the appellate court unanimously reversed this decision, finding that the plaintiffs failed to satisfy the four criteria for restoration: a meritorious cause of action, a reasonable excuse for delay, lack of intent to abandon, and no prejudice to the non-moving party. Consequently, the action was dismissed, and a subsequent appeal for renewal and reargument was dismissed as academic.

NegligencePersonal InjuryElevator AccidentMotion to RestoreAction DismissalCPLR 3404Failure to ProsecutePresumption of AbandonmentPrejudiceAppellate Reversal
References
4
Case No. MISSING
Regular Panel Decision
Apr 21, 2004

Zenteno v. Geils

The defendants appealed an order from the Supreme Court, Westchester County, which granted the plaintiff's motion to restore a personal injury action to the trial calendar and for leave to serve a supplemental bill of particulars. The Appellate Division affirmed the order, finding that the plaintiff demonstrated a meritorious cause of action and a reasonable excuse for delay, citing extensive medical evaluations and difficulties obtaining authorization from the Workers’ Compensation Board. The court also determined that the defendants were not prejudiced by the restoration. Furthermore, an alleged agreement to proceed to arbitration was deemed unenforceable due to non-compliance with CPLR 2104 "open court" requirements. Finally, the Supreme Court's decision to grant leave for a supplemental bill of particulars was upheld, as it pertained to continuing consequences of existing injuries rather than new ones, aligning with CPLR 3043 [b].

Personal InjuryTrial Calendar RestorationSupplemental Bill of ParticularsArbitration Agreement EnforcementCPLR 2104CPLR 3043Medical ExaminationsWorkers' Compensation IssuesAppellate ReviewProcedural Motion
References
20
Case No. ADJ1675562
Regular
Feb 11, 2013

HECTOR ALVAREZ vs. WALL DESIGN, INC., METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by lien claimant Caremedics, represented by Pinnacle Lien Services. The Board adopted the WCJ's report, which found Caremedics' lien was properly dismissed due to its failure to appear at a trial, a dismissal also upheld by a subsequent Notice of Intention to Dismiss. The Board also declined to rule on sanctions at this time, noting that jurisdiction was reserved for the trial level to address penalties for non-appearance. Caremedics' arguments for excusing their absence, including mis-calendaring, were deemed insufficient.

Petition for ReconsiderationLien ClaimantDismissal of LienFailure to AppearWCAB Rule 10562(e)(1)SanctionsLabor Code Section 5813Code of Civil Procedure Section 473Skeletal PetitionPinnacle Lien Services
References
6
Case No. ADJ8639697, ADJ8585911
Regular
May 17, 2018

BRIGIDA PEREZ vs. LOVIN OVEN, THE TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a dismissal order for a lien claimant's failure to appear at a lien conference. The lien claimant sought relief under Code of Civil Procedure section 473, claiming excusable neglect due to a mis-calendared hearing date. The WCAB found the lien claimant's petition lacked sufficient detail to establish excusable mistake. The WCAB will affirm the dismissal unless the lien claimant provides a sworn declaration from a person with personal knowledge detailing the facts of the excusable mistake.

Lien claimantPetition for ReconsiderationExcusable neglectCode of Civil Procedure section 473Mis-calendaredSworn declarationPersonal knowledgeWCJDismissal with prejudiceFox v. Workers' Comp. Appeals Bd.
References
6
Case No. ADJ10459640
Regular
Dec 01, 2019

Antonio Venegas vs. Baron HR Staffing, Kruse and Sons, Inc.

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding an order that had taken the case off calendar. The applicant argued the removal order deprived him of due process, as joining additional parties was not necessary for trial. The Board found that while joining parties might be necessary, taking the case off calendar hindered the system's purpose of prompt benefit payment. The matter is returned to the trial level for placement back on calendar, with a status conference suggested if delays are needed for joinder.

Petition for RemovalDecision After RemovalJoint and Several LiabilityGeneral and Special EmploymentDue ProcessExpedited HearingPriority ConferenceLabor Code Section 3602(d)Insurance Code Section 11663Off Calendar
References
8
Case No. ADJ7947039
Regular
Nov 01, 2013

ROSAURA DE LA CUEVA vs. GOLDILOCKS CORPORATION, CALIFORNIA INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to rescind an order taking the case off calendar. The WCJ had taken the case off calendar after lien claimants requested discovery of the personnel file, which the defendant opposed. The Appeals Board found insufficient record regarding the lien claimants' due diligence in discovery or the good cause for taking the case off calendar. Therefore, the case was returned to the trial level for further proceedings, including a lien conference and potential trial, with guidance on serving discovery if specific defenses are raised.

Petition for RemovalOff CalendarLien ConferencePersonnel FileDiscoveryAOE/COECompromise and ReleaseLabor Code Section 3600(a)(10)Labor Code Section 3208.3(h)Due Diligence
References
0
Case No. ADJ820875 (MON 0251000) ADJ4467494 (MON 0156338) ADJ1266959 (LAO 0791769) ADJ1310086 (MON 0252336) ADJ2298144 (MON 0252337) ADJ4041333 (MON 0252338)
Regular
Mar 04, 2020

FEREZ, Gabriel vs. DILLINGHAM/ SADELMI; AIG INSURANCE; VALVERDE CONSTRUCTION; CIGA; MARMELLOTTO; VALLEY CEST; ACE INSURANCE, administered by ESIS

This case involves a lien claimant, Elena Konstat Ph.D., whose request to proceed with a lien on multiple workers' compensation claims was taken off calendar by the Administrative Law Judge (ALJ). The Workers' Compensation Appeals Board (WCAB) granted removal because the ALJ's order erroneously stated the lien claimant lacked standing without a proper adjudication. While affirming the order to take the matter off calendar, the WCAB amended the order to remove the problematic language regarding standing, clarifying that the lien claimant's claim has not been decided on its merits. The matter was removed from the calendar to allow proper service and procedural steps for another lien claimant, Precision Pharmacy, before any further lien conferences or trials.

Workers' Compensation Appeals BoardPetition for RemovalLien ClaimantWCJOff CalendarStandingLabor Code §4903.8(d)Joint Compromise and ReleaseSettlement AgreementDeclaration of Readiness to Proceed
References
1
Case No. ADJ8664704
Regular
Sep 02, 2013

SYLVIA THOMAS vs. TARZANA TREATMENT CENTERS, ADMINSURE

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the prior order that took the case off calendar. The Appeals Board agreed that the June 18, 2013 hearing was a priority conference and should not have been removed from the calendar without further proceedings. The case is now returned to the trial level to be rescheduled for a priority conference and subsequent trial once discovery is complete.

Petition for RemovalOrder RescindedReturned to Trial LevelPriority ConferenceOff CalendarDiscovery CompleteWorkers' Compensation Appeals BoardWCJ Report and RecommendationPermissibly Self-InsuredAdminSure
References
0
Case No. ADJ15474722; ADJ15474723
Regular
Apr 25, 2023

TERESA MENDEZ vs. VILLAGE MANAGEMENT SERVICES, INC., SAFETY NATIONAL INSURANCE, TRISTAR

The Workers' Compensation Appeals Board dismissed Teresa Mendez's Petition for Removal as moot. The petition sought review of an order setting a trial date, but this order was subsequently superseded by a stipulation for a new QME panel. Because the parties resolved the issues raised in the petition, the Board found no active controversy to decide. The matter was taken off calendar and can be returned to the calendar once discovery is complete.

Petition for RemovalMootSuperseded OrderAOE/COEQME panelDiscoveryOff CalendarDeclaration of ReadinessMandatory Settlement ConferenceWorkers' Compensation Appeals Board
References
0
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