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

Case No. ADJ1534095 (LAO 0820188)
Regular
Dec 16, 2013

PAMELA MCMILLIN vs. XEROX CORPORATION; ACE USA, administered by SEDGWICK CMS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board found that the lien claimant's petition for reconsideration of an order dismissing its lien was untimely filed. Because the original petition was untimely, the administrative law judge lacked jurisdiction to rescind the dismissal order. Therefore, the Board rescinded the judge's order and dismissed the lien claimant's petition, leaving the original dismissal order in effect.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Rescinding DecisionLien ClaimLien Activation FeeLabor Code Section 4903.06JurisdictionUntimely FilingCompromise and ReleaseWCJ
References
1
Case No. ADJ8693165
Regular
Sep 03, 2013

JEREMY VALENCIA vs. AGI PUBLISHING, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing sanctions against the injured worker's attorney. This was due to improper service of the sanctions order and lack of sufficient notice, preventing the attorney from an adequate opportunity to be heard. The WCAB denied the petition for disqualification of the judge, finding no evidence of bias. The petition concerning the notice of intention to dismiss the case was dismissed as it was not a final order.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for ReconsiderationOrder Imposing SanctionsNotice of Intention to DismissWCJInjured WorkerCounselService of ProcessOfficial Address Record
References
5
Case No. ADJ6876456
Regular
Jan 27, 2010

MARILYN BROWN vs. COLLECTCORP CORPORATION, HARTFORD UNDERWRITERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was filed against a non-final order denying a motion to dismiss. The WCAB also dismissed the defendant's Petition for Removal as untimely, as it was filed more than 20 days after the order it challenged. Furthermore, the defendant failed to demonstrate significant prejudice or irreparable harm, which is required for removal. Therefore, both the petition for reconsideration and the petition for removal were dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAdministrative Law JudgeLabor Code $\S 5405$JurisdictionDue ProcessFinal OrderTimelinessCalifornia Code of Regulations
References
5
Case No. ADJ11635947
Regular
Mar 25, 2020

EDMOND WOODS vs. CONTEMPORARY SERVICES CORPORATION, ZURICH NORTH AMERICA

Applicant petitioned for reconsideration of a Minute Order that stated "WCJ to issue dismissal without prejudice." The Appeals Board dismissed the petition because the applicant was not aggrieved by a final order, as no such order had yet been issued. A petition for reconsideration can only be taken from a final order that determines substantive rights, liabilities, or a fundamental threshold issue. Since the dismissal order itself had not yet been issued, the petition was premature and thus dismissed.

Petition for ReconsiderationDismissalAggrieved ApplicantFinal OrderSubstantive RightLiabilityThreshold IssueBenefitsWCJWorkers' Compensation Appeals Board
References
4
Case No. LBO 0297361
Regular
Nov 28, 2007

ANTHONY TENNISON vs. NATIONAL PLANT SERVICES, CIGA by its servicing representative, CAMBRIDGE INTEGRATED SERVICES, for Reliance Insurance, in liquidation

The Appeals Board dismissed petitions for reconsideration and removal challenging an order compelling the applicant's wife to attend a continued deposition. The pro se petition was dismissed as untimely and unverified, while the attorney's petition was dismissed because discovery orders are not final and thus not subject to reconsideration. The Board affirmed the WCJ's order, finding the wife waived her marital privilege by appearing and testifying, and cautioned parties about potential sanctions for their behavior.

WCABPetition for ReconsiderationPetition for Removaldepositionmarital privilegechild care reimbursementdiscovery orderinterlocutory orderfinal orderuntimely petition
References
12
Case No. ADJ7574646
Regular
Jan 25, 2012

HEATHER YARBOROUGH vs. JENNY CRAIG, AIG INSURANCE c/o SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed the defendant's petition for removal and reconsideration as untimely, as it was filed 34 days after the order was served. The petition argued the administrative law judge erred by ordering treatment outside the Medical Provider Network, but the board found the petition was filed beyond the jurisdictional time limits. Furthermore, the board noted that the order compelling the defendant to arrange for a PQME evaluation and other examinations was not a final order, which is required for reconsideration. Therefore, both petitions were dismissed.

WCABPetition for RemovalPetition for ReconsiderationUntimely FilingMPNMedical Provider NetworkNeurosurgeonOrthopedistNeurologistTreating Doctor
References
5
Case No. ADJ7331340
Regular
Sep 07, 2012

JAKE VU vs. MOLINA HEALTH CARE CENTER, TRAVELERS

The applicant sought reconsideration of a WCJ's order dismissing his workers' compensation case. The applicant claimed he did not understand he was dismissing his case when he signed the dismissal order on the same day he dismissed his attorney. The Appeals Board dismissed the petition as untimely, as it was filed over three months after the dismissal order was served. While the petition was dismissed, the Board advised the applicant that he could file a new application for adjudication of claim within the statutory period if he wished to pursue his claim.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalIn pro perNotice of Dismissal of Attorneyuntimely petitionjurisdictionLabor CodeInformation and Assistance OfficeApplication for Adjudication of Claim
References
4
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. ADJ9237152
Regular
Aug 19, 2014

MIRNA ROBLES vs. RUSSAKS CURED AND SMOKED PRODUCTS, TOKIO MARINE MANAGEMENT, INC.

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it was not filed within the statutory 25-day period after the Order Approving Compromise and Release. The Board also dismissed the Petition for Removal, finding it untimely and lacking grounds for removal as the judge's order was interlocutory and did not cause irreparable harm. Interlocutory procedural orders are not subject to reconsideration or removal as they do not determine substantive rights or liabilities.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightIrreparable HarmTimely-FiledOrder Approving Compromise and ReleaseWCJVan Nuys District Office
References
11
Case No. ADJ7626694
Regular
Oct 03, 2011

NARKEITHIA TATE vs. CONTRA COSTA COUNTY; EMPLOYMENT AND HUMAN SERVICES

This case involves applicant Narkeiithia Tate's petition for reconsideration of a Notice of Intention to Order Dismissal. The WCJ initially ordered dismissal due to the applicant's failure to appear at her deposition and multiple conferences. The applicant claimed she was absent due to a family emergency and lack of knowledge about the deposition. The Appeals Board dismissed her petition for reconsideration because the initial notice was not a final order. However, the Board granted removal on its own motion, deeming the petition a timely objection, and returned the case to the trial level for a new judge to determine good cause for her absences.

Workers Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to Order DismissalFailure to AppearDepositionWCAB ConferencesGood CauseRemovalAdministrative Law JudgeFinal Order
References
4
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