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

Case No. ADJ9155937
Regular
Dec 16, 2016

SYLVIA MC GILVARY vs. SAN DIEGUITO PRINTERS, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for removal. The defendant argued that the case should have proceeded to trial, not a priority conference, because the applicant did not object to the declaration of readiness. The Board rescinded the WCJ's order, returning the matter for a mandatory settlement conference. This will allow the applicant's attorney to present evidence regarding the objection to the declaration of readiness.

Workers' Compensation Appeals BoardPetition for RemovalMinute OrderMandatory Settlement ConferencePriority ConferenceDeclaration of Readiness to ProceedWCJApplicantDefendantEAMS ADJ file
References
0
Case No. MISSING
Regular Panel Decision
Dec 17, 1968

In re Male Child Wilkov

In a contested adoption proceeding, the natural mother appealed an order from the Family Court, Suffolk County, dated December 17, 1968. The order had concluded that she abandoned her infant child, dismissed her application for the child's return, rejected her objection to the proposed adoption, and directed the court clerk to proceed with the adoption application. The appellate court affirmed the order, despite noting an error by the trial court regarding a social worker's communication. The trial court mistakenly believed the natural mother spoke with a hospital social worker, when in fact, the social worker had only conversed with the child's grandmother. However, the appellate court found that there was ample independent evidence to support the abandonment finding, irrespective of this factual dispute.

Adoption LawChild AbandonmentFamily Court AppealParental RightsSuffolk County Family CourtAppellate AffirmationSocial Worker TestimonyFactual ErrorEvidentiary SupportChild Custody
References
1
Case No. ADJ4266411 (VNO 0551612)
Regular
Feb 02, 2015

HELEN STROEHLEN vs. MACY'S WEST, INC.

The Workers' Compensation Appeals Board granted reconsideration of a prior award denying applicant's claim for new and further disability. The Board found no merit in the applicant's contentions regarding the prior proceedings but noted a discrepancy in the record regarding objections to the Declaration of Readiness to Proceed. Consequently, the Board issued a Notice of Intention to Impose Sanctions up to $1,000 against applicant's counsel for potentially frivolous actions, pending a final decision after allowing for a written objection.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderQualified Medical ExaminerDeclaration of ReadinessPetition for New and Further DisabilityBad Faith ActionsFrivolous TacticsLabor Code Section 5813Appeals Board Rule 10561
References
0
Case No. ADJ7071120
Regular
Jul 07, 2010

CARRIE JOHNSON vs. FEDERAL EXPRESS CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Defendant Federal Express sought removal of an order allowing applicant further discovery beyond the mandatory settlement conference (MSC). The Appeals Board granted removal, finding the applicant lacked due diligence in pursuing discovery before the MSC. Applicant's failure to object to the defendant's Declaration of Readiness to Proceed further waived any objections to proceeding on the existing record. Consequently, the WCAB rescinded the MSC order and returned the case to the trial level with discovery closed.

Petition for removalMandatory settlement conferenceOrder off calendarDue diligenceQualified Medical EvaluatorDiscovery closureDeclaration of Readiness to ProceedWaiver of objectionsPermanent disabilityIndustrial injury
References
1
Case No. ADJ4609386 (AHM 0124161)
Regular
Jun 29, 2011

FRANCISCO CERVANTES vs. STAFFMARK INVESTMENTS, AIG CLAIM SERVICES, INC., as administered by CHARTIS CLAIMS, INC.

This case involves a defendant's Petition for Removal challenging a WCJ's order to proceed to trial. The defendant argued the matter was not ready due to insufficient medical evidence, but failed to object to the applicant's declaration of readiness to proceed. Furthermore, the defendant did not demonstrate efforts to supplement the existing medical reports. The Appeals Board denied removal, finding the defendant failed to show substantial prejudice or irreparable harm, and that further medical record development is possible post-submission.

Petition for RemovalWorkers' Compensation Appeals BoardIndustrial InjuryMandatory Settlement ConferenceDeclaration of ReadinessPrimary Treating PhysicianMedical EvidenceWCJ OrderSubstantial PrejudiceIrreparable Harm
References
3
Case No. ADJ14242832
Regular
Mar 07, 2025

EHAB GUIRGUIS vs. CIRCLE K/76 GAS STATION, SECURITY NATIONAL INSURANCE COMPANY, AMTRUST NORTH AMERICA

Defendant sought removal of an Order issued by a workers' compensation administrative law judge (WCJ) setting the matter for trial. Defendant objected to applicant's Declaration of Readiness to Proceed (DOR) as defective due to a failure to list good faith efforts for resolution and incomplete discovery regarding a vocational rehabilitation report. The Workers' Compensation Appeals Board (WCAB) reviewed the petition, the applicant's answer, and the WCJ's report. The WCAB granted the Petition for Removal, rescinded the WCJ's order, and returned the matter for further proceedings to allow for proper development of the record and address the defendant's objections to the DOR and discovery issues, emphasizing the right to due process and a fair hearing.

Petition for RemovalDeclaration of Readiness to ProceedWCJ ObjectionGood Faith EffortsDiscoveryVocational Rehabilitation ReportDue ProcessFair HearingRescind OrderReturn to Trial Level
References
8
Case No. ADJ7074256
Regular
May 23, 2014

ALFONSO RODRIGUEZ vs. DANDEE TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over whether the applicant, Alfonso Rodriguez, adequately pursued medical evaluations before a mandatory settlement conference. The applicant sustained an injury in 2009 and has undergone evaluations by an Agreed Medical Evaluator and Qualified Medical Evaluators. However, at the settlement conference, the applicant claimed he still required treating physician reports in psychiatry and internal medicine, leading the trial judge to take the case off calendar. The Appeals Board granted the defendant's petition for removal, finding the applicant waived objections to proceeding by not objecting to the defendant's Declaration of Readiness to Proceed or the QME panels. The Board rescinded the order and returned the case to the trial level for another settlement conference and potential trial, emphasizing the applicant's lack of diligence in discovery.

Petition for RemovalRescind OrderOff CalendarAgreed Medical EvaluatorQualified Medical EvaluatorMandatory Settlement ConferenceDeclaration of Readiness to ProceedLabor Code section 4061(i)Due DiligenceDiscovery
References
3
Case No. LAO 0824629
Regular
Aug 16, 2007

R. MARTINEZ vs. HILTON HOTEL, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding an earlier order that had taken the case off calendar over the applicant's objection. The Board agreed that the case should have proceeded to trial, as the defendant improperly filed a Declaration of Readiness to Proceed while proceedings were suspended. The matters are now returned to the trial level for rescheduling, with the issue of defense witnesses deferred to the trial judge.

RemovalPetition for RemovalDeclaration of Readiness to ProceedDiscoveryWitnessesOrder Suspending ProceedingsRescindedTrial LevelWCJWorkers' Compensation Appeals Board
References
0
Case No. ADJ7762424
Regular
Dec 02, 2014

Ken Stabler vs. New Orleans Louisiana Saints, LLC, Oakland Raiders, California Insurance Guarantee Association, Zenith Insurance Co.

This case concerns a Petition for Removal filed by Travelers Insurance Company challenging the Workers' Compensation Appeals Board's (WCAB) order to proceed to trial on all issues, including insurance coverage. Travelers argued insufficient discovery time and lack of indispensable parties, but the WCAB denied removal. The Board found Travelers had sufficient notice and opportunity for discovery, and its objection to the Declaration of Readiness to Proceed was untimely. The WCAB also determined that other insurers, now liquidated, were not indispensable parties and that Travelers' due process rights were not violated by proceeding to trial.

Petition for RemovalWorkers' Compensation Appeals BoardDeclaration of Readiness to ProceedMandatory Settlement ConferenceInsurance CoverageDiscoveryIndispensable PartiesDue ProcessCumulative InjuryProfessional Football Player
References
5
Case No. MISSING
Regular Panel Decision
Jul 09, 2009

Prand Corp. v. Town Board of Town of East Hampton

This case involves a hybrid proceeding initiated by petitioners/plaintiffs to challenge a determination by the Town Board of the Town of East Hampton. The petitioners sought to annul Local Law No. 25 (2007), which amended the Open Space Preservation Law, and to declare Local Law No. 16 (2005) and Local Law No. 25 (2007) null and void. The Town Board, acting as the lead agency, had issued a negative declaration under the State Environmental Quality Review Act (SEQRA) for Local Law No. 25, obviating the need for an Environmental Impact Statement (EIS). The Supreme Court annulled Local Law No. 25 as it applied to the petitioners' property, finding it was enacted in violation of SEQRA, and remitted the matter for full SEQRA review. The appellate court affirmed this judgment, concluding that the Town Board failed to take the requisite "hard look" at potential environmental impacts such as soil erosion, vegetation removal, and conflicts with the community's comprehensive plan, thus improperly issuing the negative declaration.

SEQRAEnvironmental LawZoning LawLand UseLocal Law No. 25 (2007)Local Law No. 16 (2005)Comprehensive PlanNegative DeclarationEnvironmental Impact StatementTown Board
References
16
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