Updated Daily

Case Law Database

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

Case No. ADJ8162345, ADJ7959552

Regular

Oct 07, 2014

MARIA CHAVEZ MARTINEZ vs. RESTAURANT LEADERSHIP GROUP, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

Lien claimants' petitions challenging a WCJ's order denying their ex parte petition and ordering depositions were dismissed. The Board found the initial petition for reconsideration untimely, as it was filed 21 days after personal service, and the order was not a final one. The second petition for removal was denied as the lien claimants failed to demonstrate significant prejudice or irreparable harm, and the WCJ's reasoning was sound.

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationPetition for RemovalUntimely PetitionFinal OrderEx Parte PetitionWCJ OrderDiscovery BurdenJurisdictional Time Limit

References

Case No. ADJ3808038 (LAO 0819022)

Regular

Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

The Appeals Board denied petitions for removal and reconsideration from lien claimants and the defendant, and denied the applicant's reconsideration petition. Lien claimants Kan and Ace's petition for removal was denied as they failed to show substantial prejudice, and their reconsideration petition was dismissed as the prior order was not final. The applicant's reconsideration petition was denied because her claim for home healthcare services was deemed an untimely lien claim under Labor Code section 4903.5.

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses

References

Case No. ADJ8213064, ADJ8222631

Regular

Jan 22, 2016

MUBINA KUSLJUGIC vs. COMMUNITY ASSISTANCE FOR RETARDED & HANDICAPPED, INC., ZENITH INSURANCE COMPANY, ENDURANCE MARKEL, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted SCIF's Petition for Reconsideration to amend the Findings, Award, and Orders to dismiss the applicant's claim for a specific back injury and correct a clerical error. SCIF's Petition for Removal, seeking WCJ disqualification, was denied as improperly filed and skeletal. The applicant's Petition for Removal regarding further development of the record was also denied, as reconsideration was deemed the appropriate remedy for a final order, and the Board found the issues properly before them. All other aspects of the original Findings, Award, and Orders were affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical ExaminerCumulative InjurySpecific InjuryPermanent DisabilityDiscovery MatterAttorney-Client PrivilegeCode of Civil Procedure

References

Case No. ADJ8595235

Regular

Nov 09, 2016

Thomas Carroll vs. Lehigh Hanson Inc., Liberty Mutual Insurance

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's initial petition for removal as procedurally improper, as it challenged a notice of intent rather than a final order. The WCAB also denied the defendant's supplemental petition for removal, which sought to overturn the Workers' Compensation Judge's (WCJ) order closing discovery. The Board found no substantial prejudice or irreparable harm would result from denying the supplemental petition, especially since the WCJ left open the possibility of allowing the deposition after trial. A dissenting commissioner argued that the deposition of Dr. Dell was necessary to update his opinion and ensure a complete record for apportionment, similar to Dr. Russell's deposition.

Petition for RemovalNotice of IntentionQuash DepositionPQMEMandatory Settlement ConferenceDiscovery ClosureSupplemental PetitionDr. DellDr. RussellSubstantial Evidence

References

Case No. ADJ10183569

Regular

Dec 26, 2017

LEAMON PERKINS vs. DON L, KNOX, DLK CAPITAL INC., AMERICAN MODERN INSURANCE COMPANY

This Workers' Compensation Appeals Board decision dismisses a petition for reconsideration and denies a petition for removal. The Board found the WCJ's order denying a petition to vacate without prejudice was not a "final" order, thus precluding reconsideration. Furthermore, the Board denied removal, as the insurer failed to demonstrate substantial prejudice or irreparable harm from an order that preserves their right to address coverage issues at trial. The insurer can raise coverage disputes at the subsequent trial because the WCJ's prior order was not final.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueWithout PrejudiceSubstantial PrejudiceIrreparable HarmExtraordinary Remedy

References

Case No. ADJ9910901

Regular

Oct 04, 2019

JOSE MARTINEZ vs. WEST LAKE FINANCIAL SERVICES, INTERCARE HOLDINGS INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board denied a lien claimant's petition for disqualification of a judge, finding no evidence of bias. The Board dismissed the lien claimant's petition for reconsideration, as it was filed against a non-final procedural order. However, the Board granted the lien claimant's petition for removal and rescinded the judge's order compelling the lien claimant's representative to appear, due to procedural issues regarding potential sanctions. The matter was returned to the judge for further proceedings consistent with the Board's opinion.

WCABPetition for DisqualificationPetition for ReconsiderationPetition for RemovalLien ClaimantWorkers' Compensation JudgeWCJ EdelbergMinute OrderAni BalianDebra Ketchens

References

Case No. SAC 257957

Regular

Jan 25, 2008

SUSAN FOUST vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA, Self Insured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a dispute over authorization for spinal surgery. The defendant employer denied the applicant's treating physician's request for surgery based on utilization review and claimed the applicant's objection was untimely. The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the order compelling the parties to obtain a second opinion was interlocutory, not a final order. The WCAB also denied the defendant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalLabor Code section 4062Utilization ReviewSecond Opinion ReportOrthopedic SurgeonNeurosurgeonAnterior Cervical FusionStipulated Award

References

Case No. ADJ9585531

Regular

Aug 28, 2017

Andres Reyes vs. PT WELDING INC.; BERKSHIRE HATHAWAY PASADENA

The Workers' Compensation Appeals Board (WCAB) dismissed Applicant Andres Reyes's petition for reconsideration because it was filed against a non-final interlocutory discovery order. The WCAB also denied Applicant's petition for removal, finding no significant prejudice or irreparable harm, and directed the parties to resolve the discovery dispute through the Administrative Director. The original order denied Applicant's motion to quash a subpoena for his entire school records from iLearn Institute, which Applicant argued was irrelevant and invaded his privacy. Applicant's petition was dismissed as reconsideration is improper for non-final orders, and his removal petition was denied as he failed to demonstrate significant prejudice.

WACABPetition for ReconsiderationPetition for RemovalNon-final OrderInterlocutory OrderDiscovery OrderMotion to QuashSubpoena Duces TecumPrivacySignificant Prejudice

References

Case No. ADJ1117931 (LAO 0743685) ADJ1499748 (LAO 0743689) ADJ4716197 (LAO 0743687)

Regular

May 26, 2010

CARMEN LICEA vs. ZACKY FARMS; Administered By BUCKEYE CLAIMS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the WCJ's order denying the admission of additional evidence and witnesses was an interlocutory procedural order, not a final determination of substantive rights. The WCAB denied the applicant's petition for removal, finding no showing of prejudice or irreparable harm. Furthermore, the WCAB denied the applicant's petition to disqualify the WCJ, noting the lack of a required affidavit and finding no evidence of bias or enmity. Ultimately, all of the applicant's post-order filings were denied.

Workers' Compensation Appeals BoardCarmen LiceaZacky FarmsBuckeye Claims AdministratorsPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJDr. Procciwork function impairment form

References

Case No. ADJ358912 (GRO 0032620) ADJ1583814 (GRO 0032621)

Regular

Jun 21, 2010

ROSS COVELLO vs. CITY OF SANTA MARIA, Pecmissibly Self-Insured, GREGORY BRAGG & ASSOCIATES, Adjusting Agency

The Appeals Board dismissed the applicant's Petition for Reconsideration because the PWCJ's order setting the matter for trial was not a final order. The Board denied the applicant's request for removal, finding no showing of significant prejudice or irreparable harm justifying this extraordinary remedy. Additionally, the petition for disqualification was denied due to the applicant's failure to provide the required affidavit or declaration under penalty of perjury. The applicant's contentions regarding discovery, notice defects, counsel conflicts, and bias were found insufficient to warrant reconsideration or removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DisqualificationPresiding Workers' Compensation Administrative Law JudgeDeclaration of ReadinessAgreed Medical ExaminerDiscovery ClosedMandatory Settlement ConferenceFinal Order

References

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Updated Daily

Case Law Database

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

Case No. ADJ8162345, ADJ7959552

Regular

Oct 07, 2014

MARIA CHAVEZ MARTINEZ vs. RESTAURANT LEADERSHIP GROUP, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION, AMERICAN CLAIMS MANAGEMENT

Workers' Compensation Appeals BoardLien ClaimantsPetition for ReconsiderationPetition for RemovalUntimely PetitionFinal OrderEx Parte PetitionWCJ OrderDiscovery BurdenJurisdictional Time Limit

References

Case No. ADJ3808038 (LAO 0819022)

Regular

Feb 11, 2010

NICOLAS F. BENINKOFF (Deceased), LORENA BENINKOFF (Widow) vs. DARCO METAL SURFACING, INC.; and STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardRemovalReconsiderationLien ClaimantsUntimely LienLabor Code section 4903.5Labor Code section 5405Home Healthcare ServicesMedical TreatmentTransportation Expenses

References

Case No. ADJ8213064, ADJ8222631

Regular

Jan 22, 2016

MUBINA KUSLJUGIC vs. COMMUNITY ASSISTANCE FOR RETARDED & HANDICAPPED, INC., ZENITH INSURANCE COMPANY, ENDURANCE MARKEL, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ8595235

Regular

Nov 09, 2016

Thomas Carroll vs. Lehigh Hanson Inc., Liberty Mutual Insurance

Petition for RemovalNotice of IntentionQuash DepositionPQMEMandatory Settlement ConferenceDiscovery ClosureSupplemental PetitionDr. DellDr. RussellSubstantial Evidence

References

Case No. ADJ10183569

Regular

Dec 26, 2017

LEAMON PERKINS vs. DON L, KNOX, DLK CAPITAL INC., AMERICAN MODERN INSURANCE COMPANY

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueWithout PrejudiceSubstantial PrejudiceIrreparable HarmExtraordinary Remedy

References

Case No. ADJ9910901

Regular

Oct 04, 2019

JOSE MARTINEZ vs. WEST LAKE FINANCIAL SERVICES, INTERCARE HOLDINGS INSURANCE SERVICES, INC.

WCABPetition for DisqualificationPetition for ReconsiderationPetition for RemovalLien ClaimantWorkers' Compensation JudgeWCJ EdelbergMinute OrderAni BalianDebra Ketchens

References

Case No. SAC 257957

Regular

Jan 25, 2008

SUSAN FOUST vs. REGENTS OF THE UNIVERSITY OF CALIFORNIA, Self Insured, Adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES

References

Case No. ADJ9585531

Regular

Aug 28, 2017

Andres Reyes vs. PT WELDING INC.; BERKSHIRE HATHAWAY PASADENA

WACABPetition for ReconsiderationPetition for RemovalNon-final OrderInterlocutory OrderDiscovery OrderMotion to QuashSubpoena Duces TecumPrivacySignificant Prejudice

References

Case No. ADJ1117931 (LAO 0743685) ADJ1499748 (LAO 0743689) ADJ4716197 (LAO 0743687)

Regular

May 26, 2010

CARMEN LICEA vs. ZACKY FARMS; Administered By BUCKEYE CLAIMS ADMINISTRATORS

References

Case No. ADJ358912 (GRO 0032620) ADJ1583814 (GRO 0032621)

Regular

Jun 21, 2010

ROSS COVELLO vs. CITY OF SANTA MARIA, Pecmissibly Self-Insured, GREGORY BRAGG & ASSOCIATES, Adjusting Agency

References

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