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Case Law Database

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

Case No. ADJ4665750
Regular
Oct 07, 2011

MARTIN ROJAS vs. ANHEUSER BUSCH, CHARTIS CLAIMS INC.

Here's a summary for a lawyer in four sentences: The applicant sought reconsideration of an order taking the matter off calendar, claiming unspecified alterations were made to a signed Compromise and Release Agreement. The Board dismissed the petition, as reconsideration can only be sought for a final order, decision, or award. An order taking a matter off calendar is not a final order as it does not determine substantive rights or liabilities. The applicant may still raise issues regarding the unapproved Compromise and Release Agreement at trial.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and Release AgreementOrder taking off calendarFinal orderSubstantive rights and liabilitiesWCJ approvalTrial levelIn pro perChartis Claims Inc.
References
3
Case No. ADJ820875 (MON 0251000) ADJ4467494 (MON 0156338) ADJ1266959 (LAO 0791769) ADJ1310086 (MON 0252336) ADJ2298144 (MON 0252337) ADJ4041333 (MON 0252338)
Regular
Mar 04, 2020

FEREZ, Gabriel vs. DILLINGHAM/ SADELMI; AIG INSURANCE; VALVERDE CONSTRUCTION; CIGA; MARMELLOTTO; VALLEY CEST; ACE INSURANCE, administered by ESIS

This case involves a lien claimant, Elena Konstat Ph.D., whose request to proceed with a lien on multiple workers' compensation claims was taken off calendar by the Administrative Law Judge (ALJ). The Workers' Compensation Appeals Board (WCAB) granted removal because the ALJ's order erroneously stated the lien claimant lacked standing without a proper adjudication. While affirming the order to take the matter off calendar, the WCAB amended the order to remove the problematic language regarding standing, clarifying that the lien claimant's claim has not been decided on its merits. The matter was removed from the calendar to allow proper service and procedural steps for another lien claimant, Precision Pharmacy, before any further lien conferences or trials.

Workers' Compensation Appeals BoardPetition for RemovalLien ClaimantWCJOff CalendarStandingLabor Code §4903.8(d)Joint Compromise and ReleaseSettlement AgreementDeclaration of Readiness to Proceed
References
1
Case No. ADJ833288 (LBO 0385383)
Regular
Jan 29, 2016

MARTIN VALDEZ vs. NATURE'S TREE SERVICE, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of an order taking the case off calendar, arguing their attorney was not properly served with prior dismissal notices. The Appeals Board dismissed the Petition for Reconsideration because an order taking a case off calendar is interlocutory and not a final order subject to reconsideration. Furthermore, the Board denied the request for removal, stating the applicant had not shown substantial prejudice or irreparable harm. The applicant must address the prior dismissal order at the trial level before seeking appellate review.

WCABPetition for ReconsiderationPetition for RemovalOff Calendar OrderDismissal OrderSubstitution of AttorneysLack of ProsecutionService of ProcessInterlocutory OrderFinal Order
References
9
Case No. MISSING
Regular Panel Decision
Apr 21, 2004

Zenteno v. Geils

The defendants appealed an order from the Supreme Court, Westchester County, which granted the plaintiff's motion to restore a personal injury action to the trial calendar and for leave to serve a supplemental bill of particulars. The Appellate Division affirmed the order, finding that the plaintiff demonstrated a meritorious cause of action and a reasonable excuse for delay, citing extensive medical evaluations and difficulties obtaining authorization from the Workers’ Compensation Board. The court also determined that the defendants were not prejudiced by the restoration. Furthermore, an alleged agreement to proceed to arbitration was deemed unenforceable due to non-compliance with CPLR 2104 "open court" requirements. Finally, the Supreme Court's decision to grant leave for a supplemental bill of particulars was upheld, as it pertained to continuing consequences of existing injuries rather than new ones, aligning with CPLR 3043 [b].

Personal InjuryTrial Calendar RestorationSupplemental Bill of ParticularsArbitration Agreement EnforcementCPLR 2104CPLR 3043Medical ExaminationsWorkers' Compensation IssuesAppellate ReviewProcedural Motion
References
20
Case No. ADJ2931695 (VNO 0522520) ADJ1823406 (VNO 0546227)
Regular
Jul 16, 2012

SANDY CASTLE vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal because it was untimely and unverified, violating WCAB Rules 10843(a) and 10844. The petition sought to rescind an order that took the case off calendar without ruling on the applicant's issues regarding an agreed medical evaluator's payment and a benefit printout. The Board adopted the judge's report and recommendation, finding the petition procedurally deficient. One commissioner dissented, arguing the judge should have ordered the benefit printout and payment of the AME's bill.

Petition for RemovalWorkers' Compensation Appeals BoardWCJDeclaration of Readiness to ProceedAgreed Medical EvaluatorAMEBenefit PrintoutWCAB Rule 10843(a)WCAB Rule 10844Untimely Petition
References
0
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. LAO 0852439
Regular
Dec 11, 2007

PEDRO DANIEL JUAREZ, vs. TORRANCE HEATING COMPANY, INC;, NATIONAL LIABILITY AND FIRE INSURANCE COMPANY c/o ACCA

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration, finding that the WCJ's order taking issues off calendar was an interlocutory procedural order, not a final determination of substantive rights. The Board also denied removal, as the applicant failed to demonstrate substantial prejudice or irreparable harm, noting that the applicant still has opportunities to develop the record regarding his psychiatric injury. Therefore, the applicant's attempts to challenge the off-calendar order were unsuccessful.

Workers' Compensation Appeals BoardPetition for ReconsiderationOff CalendarQualified Medical EvaluatorQME reportPsyche InjuryInterlocutory OrderRemovalSubstantial PrejudiceIrreparable Harm
References
7
Case No. ADJ10459640
Regular
Dec 01, 2019

Antonio Venegas vs. Baron HR Staffing, Kruse and Sons, Inc.

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding an order that had taken the case off calendar. The applicant argued the removal order deprived him of due process, as joining additional parties was not necessary for trial. The Board found that while joining parties might be necessary, taking the case off calendar hindered the system's purpose of prompt benefit payment. The matter is returned to the trial level for placement back on calendar, with a status conference suggested if delays are needed for joinder.

Petition for RemovalDecision After RemovalJoint and Several LiabilityGeneral and Special EmploymentDue ProcessExpedited HearingPriority ConferenceLabor Code Section 3602(d)Insurance Code Section 11663Off Calendar
References
8
Case No. SJO 0256905
Regular
Jul 17, 2008

FERDINAND LIZARDO vs. MICROSOFT CORPORATION, AVIZENT/FRANK GATES SERVICES

The Appeals Board dismissed the defendant's Petition for Reconsideration, holding that an order taking a case off calendar is an interlocutory procedural order, not a final order subject to reconsideration. The Board also denied the defendant's Petition for Removal, finding that the WCJ did not abuse discretion by taking the case off calendar to consolidate it with another claim for judicial economy, as the defendant failed to demonstrate irreparable harm or significant prejudice. The defendant's arguments regarding due process and potential future medical-legal costs were found insufficient grounds for removal.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for Removaloff calendardue processirreparable harmsignificant prejudiceinterlocutory orderfinal ordersubstantive right or liability
References
7
Case No. ADJ16334598
Regular
Oct 13, 2025

ANTHONY REYES vs. XPO LOGISTICS SUPPLY CHAIN, INC.; EVEREST NATIONAL INSURANCE

Applicant Anthony Reyes filed a petition for removal challenging an order by the workers' compensation administrative law judge (WCJ) that took the matter off calendar. The WCAB granted removal, determining that the WCJ's order violated the parties' right to due process by failing to create a record or explain the deferral of the additional panels issue, thus constituting irreparable harm. As a Decision After Removal, the Appeals Board rescinded the April 24, 2025, order taking the matter off calendar and returned the case to the trial level to establish a proper record. The Board explicitly stated it made no judgment on the merits of additional panels at this stage due to the lack of a formal record.

Petition for RemovalOrder Taking Matter Off CalendarAdditional PanelsDue Process ViolationIrreparable HarmSubstantial PrejudiceRecord CreationTrial LevelWorkers' Compensation Appeals BoardRescind Order
References
6
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