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

Case No. ADJ7174740, ADJ7174737
Regular
Jun 21, 2012

CAROLYN BLACKLEDGE vs. LOS ANGELES COUNTY OFFICE OF EDUCATION

The Workers' Compensation Appeals Board dismissed a Petition for Removal concerning cases ADJ7174740 and ADJ7174737. The administrative law judge confirmed that the disputes between Carolyn Blackledge and the Los Angeles County Office of Education had been resolved through approved Stipulated Awards. Consequently, the Petition for Removal became moot. The Board formally dismissed the petition as a result of the settlement.

Petition for RemovalStipulated AwardsMoot PetitionDismissed PetitionWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJADJ7174740ADJ7174737Los Angeles County Office of Education
References
Case No. ADJ8339009
Regular
Jan 08, 2016

WINSTON ROCKEFELLER (Dec'd), SUZANNA ROCKEFELLER (Dependent), ERIKA OSWALD (Dependent) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS NORTHERN TRANSPORTATION HUBQ-ADMINISTRATION; legally uninsured; administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board intends to rescind its prior order granting reconsideration and dismiss the applicant's petition as moot. This action is prompted by the defendant's assertion that a new Panel Qualified Medical Examiner has been appointed and has issued reports, rendering the original dispute regarding the disqualification of the previous PQME moot. The Board will proceed with rescinding and dismissing unless the applicant demonstrates good cause why the issue remains live. No decision on the merits of the original petition has been made.

WCABPetition for ReconsiderationFindings and OrderPanel Qualified Medical ExaminerPQMERule 41.5(d)(2)(A)disqualifying conflict of interestmoot issueNotice of Moot IssueOpinion and Order Granting Reconsideration
References
Case No. ADJ9496258
Regular
Nov 04, 2016

ANTONIO AGUIRRE vs. CAPITAL BUILDERS, LIBERTY MUTUAL INSURANCE

The defendant sought removal of a WCJ's order compelling the claims adjuster's appearance to determine the adequacy of a Compromise and Release (C&R). However, the parties subsequently withdrew the original C&R due to a change in the applicant's condition. They then submitted and obtained approval for a new C&R that settled the case for a larger sum. Since the issue requiring the adjuster's presence was resolved by the withdrawal of the original C&R and approval of a new settlement, the defendant's Petition for Removal is dismissed as moot.

Petition for RemovalOrder to AppearCompromise and ReleaseApplicant's Physical ConditionMoot DisputeWorkers' Compensation Appeals BoardWCJClaims AdjusterNew C&R ApprovalDismissed as Moot
References
Case No. ADJ9925256
Regular
May 04, 2016

JOSE BARRIOS vs. JTS MODULAR, CALIFORNIA CONTRACTOR'S NETWORK, administered by AMERICAN CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board dismissed the Defendant's Petition for Removal as moot. The petition sought to challenge an order setting a trial date. However, the parties subsequently agreed to take the case off calendar to conduct further discovery via an Agreed Medical Evaluator. This mutual agreement rendered the defendant's petition unnecessary and thus moot.

Petition for RemovalMootAgreed Medical EvaluatorOff CalendarDiscoveryWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJTrialVan Nuys District Office
References
Case No. ADJ2132299 (LBO 0388702) ADJ1701566 (LBO 0388703)
Regular
Oct 01, 2014

IMELDA JUARES vs. SODEXO, INC.

This case concerns a Petition for Removal that the Workers' Compensation Appeals Board (WCAB) has dismissed. The WCAB adopted the report of the workers' compensation administrative law judge (WCJ), which found the matter moot. The reason for mootness was that the petitioning lien claimant appeared at an adjourned hearing and provided an explanation and apology for prior unavailability. Therefore, the Petition for Removal was dismissed by the WCAB.

Petition for RemovalMootWCJ ReportAdjourned HearingLien ClaimantWorkers' Compensation Appeals BoardDismissalGallagher BassettSodexoInsurance Company of the State of Pennsylvania
References
Case No. ADJ7055421
Regular
Jun 08, 2015

DAVID TSUI vs. GOLDEN STATE OVERNIGHT, US FIRE INSURANCE COMPANY c/o LWP CLAIMS SOLUTIONS

The applicant sought removal to prevent a trial before a vocational rehabilitation report was finalized, arguing it would harm his lost earning capacity claims. However, at the scheduled trial date, the parties entered into stipulations with a request for award. This stipulated award was approved by the judge, rendering the applicant's prior petition for removal moot. Consequently, the Appeals Board dismissed the petition as moot.

Petition for RemovalAppeals BoardWCJContinued to trialClosed discoveryVocational rehabilitation expertLost earning capacityIrreparable harmStipulations with Request for AwardMoot
References
Case No. ADJ9365403 ADJ9365409
Regular
Sep 24, 2015

MELVIN PITTS vs. UNITED AIRLINES, GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant's petition for removal of a WCJ's order that removed the case from the calendar over the applicant's objection. The applicant argued prejudice due to being ready for trial and not receiving benefits. However, the Board found the petition moot because the applicant subsequently filed a Declaration of Readiness and the case is now set for another Mandatory Settlement Conference. Therefore, the Board dismissed the petition for removal as moot.

Petition for RemovalMandatory Settlement ConferenceOff CalendarAgreed Medical EvaluatorDeclaration of Readiness to ProceedMootDismissedWCJEAMS
References
Case No. ADJ4133907 (ANA 0398419)
Regular
Mar 25, 2009

STEVE MARION vs. LONG BEACH UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, administered by TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration. The defendant argued that the WCJ erred by issuing an order for lien payment without considering their objection and that their due process rights were violated due to lack of notice for the lien conference. However, the defendant later filed a notification stating that a resolution of the lien claim rendered further review moot. Therefore, the petition was dismissed as moot.

WCABPetition for ReconsiderationLien ClaimantWorkers' Compensation Administrative Law JudgeDue ProcessNotice of Intention to Order PaymentLien ConferenceNotification of ResolutionMootDismissed
References
Case No. ADJ9006344, ADJ9006339
Regular
Sep 16, 2014

CONRADO PENA vs. JOHNNY'S PALLETS; COMPANION P&C, administered by INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board dismissed Conrado Pena's Petition for Reconsideration because it was rendered moot. This dismissal is based on the reasoning provided in the administrative law judge's Report and Recommendation, which the Board adopted. The Board also noted that a Compromise and Release agreement is pending approval at the trial level, and the current order does not address that agreement. Therefore, the Board's action is solely to dismiss the reconsideration petition as moot.

Petition for ReconsiderationCompromise and ReleaseWCJEAMSmootOrder Approving Compromise and ReleaseOrder of Dismissalworkers' compensationWorkers' Compensation Appeals BoardVan Nuys District Office
References
Case No. ADJ8081931
Regular
Jul 11, 2013

RICARDO LOPEZ vs. RFG OIL, INC., dba VALVOLINE INSTANT OIL CHANGE

Defendant RFG Oil, Inc. filed a petition for removal arguing they lacked sufficient opportunity for discovery after recently receiving notice of the claim. However, on April 24, 2013, the parties entered into stipulations and the case was ordered off calendar. The Appeals Board dismissed the petition for removal as moot because the underlying issue it sought to address was resolved by subsequent agreements. The defendant should have withdrawn their petition once they realized it was moot.

Petition for RemovalMootWorkers' Compensation Appeals BoardWCJApplication for Adjudication of ClaimDiscoveryAgreed Medical EvaluatorsOff CalendarStipulationsOrder Dismissing Petition
References
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