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Case Law Database

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

Case No. ADJ8619288
Regular

ZUSSETTE MORALES vs. MAYA CORPORATION, CAPITAL INSURANCE COMPANY

This case concerns a defendant's petition for reconsideration and removal of an Order Taking Off Calendar (OTOC). The Appeals Board dismissed the petition for reconsideration because the OTOC was not a final order. Treating the petition as a request for removal, the Board denied it, finding no substantial prejudice or irreparable harm. This is because the lien claimant's lien was stayed under Labor Code section 4615, precluding further proceedings on the lien and related issues.

Order Taking Off CalendarPetition for ReconsiderationPetition for RemovalLabor Code Section 4615Automatic StayLien ClaimantStatute of Limitations DefensePetition for Costs and SanctionsFinal OrderInterlocutory Order
References
11
Case No. ADJ6821103
Regular

DANIEL RAMIREZ vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was taken from a non-final order taking the matter off calendar (OTOC). While the Petition for Removal would ordinarily be denied, the WCAB granted removal on its own motion. The WCAB amended the OTOC to include a final order denying the applicant's appeal of the Independent Medical Review determination, as the Board lacks authority to address the constitutional issues raised.

Petition for ReconsiderationTaking Off Calendar (OTOC)Final OrderSubstantive RightInterlocutory OrderPetition for RemovalBoard MotionIndependent Medical Review (IMR)Constitutional IssuesAppellate Review
References
7
Case No. ADJ364166 (LAO 0879384) ADJ3925942 (LAO 0881103)
Regular
Dec 29, 2015

CLIBORIO MAYORGA vs. DEXTER AXLE CHASSIS GROUP, AIG, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied defendant Dexter Axle's Petition for Removal of an Order Taking Off Calendar (OTOC). The OTOC allowed the applicant to conduct further discovery regarding a change in his permanent disability. Defendant argued this conflicted with a prior Appeals Board decision limiting discovery to apportionment. The Board found no substantial prejudice or irreparable harm to the defendant if removal was denied, and that reconsideration would be an adequate remedy. Therefore, removal was not granted.

Petition for RemovalOrder Taking Off CalendarWCJPermanent DisabilityApportionmentDiscoverySubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary Remedy
References
2
Case No. ADJ2233663 (LAO 0511232)
Regular
Feb 28, 2025

MULJI PATEL vs. BOEING NORTH AMERICAN, AIG CLAIMS SERVICES

Applicant sought removal of a Minutes of Hearing and Order Taking Off Calendar (OTOC) issued by a WCJ on April 13, 2023. The WCJ had ordered the matter off calendar due to no pending issues, defendant's lack of counsel, and an improper declaration of readiness to proceed. Applicant contended errors leading to an unjust outcome, including issues with permanent disability payments, medical co-payments, a lien, and allegations against a prior attorney, and presented a QME report from Dr. David. Defendant did not file an answer to the petition for removal, and the WCJ recommended dismissal as untimely and without merit. The Appeals Board dismissed the petition, concurring it was untimely filed more than 25 days after the OTOC, and would have denied it on merits as applicant failed to show substantial prejudice or irreparable harm.

Petition for RemovalOrder Taking Off CalendarDeclaration of Readiness to ProceedPermanent Disability PaymentsMedical Co-paymentsLienOrder Suspending ProceedsQualified Medical EvaluatorChronic PancreatitisDiabetes
References
5
Case No. ADJ9360331
Regular
Dec 08, 2020

KELLIANN VICKORY vs. MIDTOWN CREPERIE \& CAFE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. Additionally, the petition challenging the WCJ's September 2, 2020, order was untimely filed. Therefore, the Board denied the petition for removal of the order granting the applicant's OTOC request.

Petition for RemovalAppeals Boardsubstantial prejudiceirreparable harmreconsiderationOrder Rescinding DecisionVacating Submissiontimely filedWCJ25 days
References
2
Case No. ADJ7523380
Regular
Jul 17, 2015

SALVADOR ULLOA vs. PRAXAIR, INC.

The Appeals Board granted applicant's Petition for Removal, rescinding the WCJ's order taking the case off the expedited hearing calendar. The Board found that a dispute over medical treatment for a serious injury, despite a disputed psychiatric component, warrants expedited review. While a complexity may necessitate redesignation as a Mandatory Settlement Conference, the OTOC itself caused substantial prejudice due to delays in crucial psychiatric treatment. The matter is returned to the WCJ to be reset on the expedited hearing calendar.

RemovalOrder Taking Off CalendarExpedited HearingMandatory Settlement ConferenceDisputed Body PartMedical TreatmentPsychiatric ConditionSerious InjuryUpper ExtremitiesAOE/COE Dispute
References
2
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