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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

Bell Aircraft Corp. v. Siegler

The court affirmed both the final and intermediate orders without costs in this matter. The case primarily involved an appeal from an order that had found several defendants guilty of criminal contempt of court. Additionally, the appeal also addressed an order which denied a motion seeking to resettle an order of commitment. Furthermore, a motion to vacate and perpetually stay the orders of commitment was also denied. All presiding judges concurred with the decision.

Criminal ContemptOrder of CommitmentResettlement MotionVacate MotionStay OrdersAppellate ReviewOrder AffirmedJudicial Concurrence
References
1
Case No. ADJ4157066
Regular
Aug 13, 2023

PORFIRIO ABRAJAN vs. JOSE OCHOA FARM LABOR SERVICES, INC., VARIOUS EMPLOYERS, STATE COMPENSATION INSURANCE FUND

The WCAB dismissed SCIF's petition for removal because the June 6, 2013 order was not a final order. A prior order dated April 25, 2013, dismissing lien claims, was labeled "proposed" and remained ambiguous. The WCJ's subsequent rescission of that order was permissible as it was merely a notice of a future final order. As SCIF was not aggrieved by the rescission of a non-final order, their petition was dismissed.

Petition for RemovalOrder RescindingProposed FindingsLien ClaimsLien Activation FeeLabor Code Section 4903.06WCJ JurisdictionFinal OrderAggrieved PartyWorkers' Compensation Appeals Board
References
0
Case No. ADJ7872929
Regular
Aug 26, 2013

SAMUEL FRANCO vs. JCT COMPANY, INC.; FIRSTCOMP OMAHA, ENDURANCE SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the appealed order was not a final order. However, the WCAB granted the applicant's alternative Petition for Removal, recognizing significant prejudice to the applicant due to the inconvenience and cost of appearing at the Long Beach District Office. Consequently, the WCAB ordered the case transferred to the Van Nuys District Office for venue. The WCAB also cautioned the applicant's attorney regarding the inappropriate filing of a reconsideration petition on a non-final order.

Petition for ReconsiderationRemovalPetition to Change of VenueWCJCumulative Industrial InjuryDelivery DriverLower ExtremitiesBackHipHernia
References
13
Case No. ADJ6977398
Regular
Jun 06, 2022

JOANN KROEPIL vs. VONS, ALBERTSONS HOLDINGS

The Workers' Compensation Appeals Board dismissed an applicant's petition for reconsideration because it sought review of a non-final interlocutory order. The order in question merely continued a mandatory settlement conference, which is a procedural step and not a final determination of substantive rights or liabilities. As petitions for reconsideration can only be taken from final orders, the Board dismissed the petition. The Board also advised the applicant to seek removal rather than reconsideration for non-final orders in the future.

Petition for ReconsiderationNon-final OrderMandatory Settlement ConferenceInterlocutory OrderProcedural IssueThreshold IssueSubstantive RightLiabilityPre-trial HearingWCJ Decision
References
4
Case No. MISSING
Regular Panel Decision

Howard v. New York Times

This case concerns a motion seeking leave to appeal from an Appellate Division order, which had affirmed a Workers' Compensation Board determination. The Board's determination denied an application for reconsideration and/or full Board review. The motion for leave to appeal, insofar as it pertained to the Board's denial of reconsideration, was dismissed on the grounds that this portion of the order did not constitute a final determination within the meaning of the Constitution. The remaining aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ReviewWorkers' CompensationBoard ReviewReconsiderationJurisdictionFinality of OrderConstitutional LawDismissal
References
3
Case No. ADJ9551348
Regular
Jan 20, 2015

JOSE JAIME GARCIA vs. MOLDEX-METRIC, INC.

This Workers' Compensation Appeals Board order dismisses a Petition for Reconsideration because it was filed for an interlocutory order, not a final one that determines substantive rights. The Board clarified that only final orders are subject to reconsideration under Labor Code § 5900. While treating the petition as a Petition for Removal, it would also be denied. The Board admonished applicant's counsel for failing to distinguish between final and interim orders.

Petition for ReconsiderationFinal OrderInterlocutory OrderSubstantive RightsLiabilitiesPetition for RemovalWCJ Report and RecommendationApplicant's CounselTimely ServiceOrder Granting Change of Venue
References
3
Case No. ADJ4522242 (VNO 0452421) ADJ522765 (VNO 0452422)
Regular
May 26, 2011

PAUL ALLGOOD vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted lien claimant's petition for removal to rescind an Administrative Law Judge's order compelling Dr. Baden's appearance at trial. The Board found no good cause was established for Dr. Baden's direct examination and that the order was not a final, appealable decision. Removal was granted to prevent prejudice to the lien claimant, and the order for Dr. Baden's appearance was rescinded. The Board also dismissed the lien claimant's prior petition for reconsideration.

Lien ClaimantPetition for ReconsiderationPetition for RemovalWCJ OrderDr. Scott BadenGood CauseMedical WitnessDirect ExaminationWritten ReportsBoard Rule 10606
References
11
Case No. ADJ5807181, ADJ9508374, ADJ7425454
Regular
Dec 15, 2014

BELINDA BUTLER vs. MAIN EVENT LIMOUSINES, STATE COMPENSATION INSURANCE FUND, MONTEREY-SALINAS TRANSIT, PACIFIC CLAIMS MANAGEMENT

This case involves a petition for reconsideration filed by the applicant. The Workers' Compensation Appeals Board dismissed this petition because it was filed from an interlocutory order granting reconsideration, not a final order or decision. Under Labor Code section 5900, reconsideration can only be sought from final orders. The Board cited numerous authorities establishing that an order granting reconsideration without resolving issues is not final. Therefore, the petition was procedurally improper and dismissed.

Petition for ReconsiderationFinal OrderInterlocutory Procedural OrdersGranting ReconsiderationDismissalWorkers' Compensation Appeals BoardLab. Code§ 5900Cal CEBGumilla v. Industrial Acc. Com.
References
5
Case No. ADJ987728 (GOL 0100705) ADJ361855 (GOL 0100706)
Regular
Sep 22, 2009

CYNTHIA SIEGERT vs. COTTAGE HEALTH SYSTEM; permissibly self-insured, administered by KEENAN \u0026 ASSOCIATES

This case concerns a defendant's attempt to appeal a non-final order that took the matter off calendar for further medical record development. The Appeals Board vacated its prior order granting reconsideration, deeming it improvidently granted as the original order was not a final decision. The Board also denied the defendant's petition for removal, finding no irreparable harm or significant prejudice. This action effectively dismissed the defendant's procedural challenges to the WCJ's management of the case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalVacating OrderDismissing PetitionDenying PetitionAgreed Medical EvaluatorFurther DiscoveryAlmarazOgilvie
References
4
Case No. ADJ11665754
Regular
Mar 17, 2020

MELISSA RIVERA vs. AURORA LAS ENCINAS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, TRAVELERS COMPANIES

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was filed from a non-final order. A valid petition must address a "final" order that determines substantive rights, liabilities, or a fundamental threshold issue. In this case, the January 10, 2020 decision was a "Findings and Order," not a final award. Therefore, the defendant was not an aggrieved party from a final decision, and their petition was dismissed.

Petition for ReconsiderationAggrieved PartyFinal OrderSubstantive RightLiability DeterminationThreshold IssueFindings and OrderAwardAdministrative Law JudgeWorkers' Compensation Appeals Board
References
0
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