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

Case No. ADJ3974204
Regular
May 05, 2015

MARIA CORTINA vs. EDGEWATER CONVALESCENT HOSPITAL, EVEREST NATIONAL COMPANY

This case involves a defendant's Petition for Reconsideration challenging a WCJ's order to quash deposition subpoenas. The defendant argues they were denied due process as they received no notice of the petition and thus no opportunity to oppose it. The Appeals Board dismissed the Petition for Reconsideration because the order was not final but granted removal. The Board rescinded the WCJ's order, finding the defendant was improperly denied notice and an opportunity to be heard, and that discovery was stipulated to remain open.

Petition for ReconsiderationPetition to QuashDeposition SubpoenaProtective OrderLien ClaimantStipulationDiscoveryDue ProcessNoticeOpportunity to Be Heard
References
Case No. ADJ11155531
Regular
Apr 01, 2020

PATRICK ALLEN vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL INSURANCE CO.

The Workers' Compensation Appeals Board granted applicant's petition for removal, rescinded an order compelling attendance at a medical examination, and returned the matter for further proceedings. The Board found the order violated due process because the applicant did not receive prior notice or an opportunity to be heard. The WCJ issued the order as a "walk-through document" without adhering to the required notice of intention procedure. The Board emphasized that due process requires notice and an opportunity to challenge adverse actions before they are issued.

Petition for RemovalOrder Compelling AttendanceMedical ExaminationDue ProcessNoticeOpportunity to be HeardPetition to Compel AttendanceAgreed Medical Evaluator (AME)Walk-through documentWCAB Rule 10789(h)
References
Case No. ADJ7233959 ADJ7233792
Regular
Mar 28, 2011

SALVADOR LANDIN vs. STAFFMARK INVESTMENT, CHARTIS SAN DIEGO

This case involves an attorney's petition for reconsideration after an administrative law judge (WCJ) ordered them to pay defendant costs and a $\$500$ sanction. The applicant's attorney argued they did not have adequate notice and an opportunity to be heard regarding the sanctions. The Appeals Board granted reconsideration, rescinded the WCJ's orders, and returned the matter for further proceedings because the orders were issued without proper notice and opportunity to present a defense, violating due process. The Board emphasized that sanctions require proper procedure, including a notice of intent and a hearing.

WORKERS' COMPENSATION APPEALS BOARDSALVADOR LANDINSTAFFMARK INVESTMENTCHARTIS SAN DIEGOPETITION FOR RECONSIDERATIONWCJSANCTIONCOSTSLABOR CODE §5813DUE PROCESS
References
Case No. ADJ1806161 (LBO 0392151)
Regular
Jun 22, 2009

TRACY SPENCER vs. CITY OF INGLEWOOD

The applicant sought reconsideration of a decision denying workers' compensation benefits for alleged psychiatric injury. The Appeals Board denied reconsideration, finding the applicant failed to meet her burden of proof for a psychiatric injury due to a lack of substantial medical evidence. Furthermore, the Board determined that the applicant was afforded due process, receiving proper notice and opportunity to be heard, despite her failure to appear at trial. The WCJ's decision was upheld, as the applicant did not respond to opportunities to show good cause or present further evidence.

Workers' Compensation Appeals BoardTracy SpencerCity of InglewoodPermissibly Self-InsuredADJ1806161LBO 0392151Opinion and Order Denying Reconsiderationindustrial injuryadministrative analystcumulative period
References
Case No. ADJ8423237
Regular
Nov 09, 2016

RUBEN SALINAS vs. MAGALY CORPORATION, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board denied reconsideration, affirming that the lien claimant received due process despite the absence of a formal Notice of Intention to Impose Sanctions. The Board found that the lien claimant had multiple opportunities to respond to the defendant's detailed petitions for sanctions and costs, including a hearing and subsequent amended filings. Therefore, the lien claimant had adequate notice and the opportunity to be heard, satisfying due process requirements.

WCABPetition for Reconsideration DeniedLien ClaimantDue ProcessNotice and Opportunity to be HeardPetition for SanctionsLabor Code § 5813WCJ Report AdoptedSanctions IssueAmended Petition for Sanctions
References
Case No. ADJ4337013 (LAO 0779055)
Regular
Sep 26, 2014

PRUDENCIO HIGUERA vs. E & A PALLET, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a dismissal for lack of prosecution. While the dismissal was affirmed, it was amended to be "without prejudice." The majority found the applicant had notice and opportunity to be heard, but a dissenting commissioner argued for allowing the case to proceed on the merits due to the fundamental nature of workers' compensation rights. The case involved an injury from August 1999.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intention to DismissDue ProcessAppeals Board Rule 10582Opportunity to be HeardWithout PrejudiceSubstantial JusticePublic Policy
References
Case No. ADJ3490988 (MON0328106)
Regular
Aug 11, 2009

ARTURO OLIVARES vs. FIRST CLASS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a dismissal order for his workers' compensation claim. The WCJ dismissed the case for lack of prosecution under Rule 10582. The Appeals Board granted reconsideration, rescinded the dismissal, and returned the case to the trial level. This was because the dismissal was issued without the required ten-day notice of intention and opportunity to be heard, and the applicant's objection was not adequately addressed.

WCABReconsiderationDismissalLack of ProsecutionWCAB Rule 10582Notice of Intention to DismissOpportunity to be HeardObjectionMeritsRescinded
References
Case No. ANA 0391598
Regular
Feb 22, 2009

FRANCISCA ALEJOS (GUTIERREZ) vs. COMPLETE LABOR SERVICE, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a $500 sanction order against applicant's counsel because the order was issued without proper notice and an opportunity to be heard. Counsel's objection was deemed timely due to a mailing address update delay by the Board. The Board rescinded the sanctions order and returned the matter to the trial level for a new decision after appropriate proceedings.

Workers' Compensation Appeals BoardSanctionsMandatory Settlement ConferencePetition for ReconsiderationOfficial Address RecordDue ProcessLabor Code section 5813WCAB Rule 10562Rescind OrderTrial Level
References
Case No. LAO 0810782
Regular
Aug 13, 2007

GILBERTO PENADOS vs. PASCAL PEDERSEN, MERCURY CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Dr. Tabaddor, rescinding an order for sanctions against him. The Board found that the administrative law judge violated Dr. Tabaddor's due process rights by imposing sanctions without providing him notice and an opportunity to be heard. The case is returned to the trial level for further proceedings, including proper notice and potential hearing on the sanctions.

Workers' Compensation Appeals BoardLien ClaimantSanctionsLabor Code Section 5813Due ProcessNoticeOpportunity to be HeardBad Faith ActionsFrivolous TacticsUnnecessary Delay
References
Case No. ADJ2711834 (LBO 0304965) ADJ2486196 (LBO 0309438) ADJ2622434 (LBO 0308004)
Regular
Oct 15, 2008

IRMA RAMIREZ vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) rescinded the dismissal of Sidhu Chiropractic's lien claim because the County of San Bernardino improperly served the dismissal order due to an incorrect address. The defective service deprived Sidhu of due process rights to notice and an opportunity to be heard on the dismissal of its lien. The case is returned to the trial level for further proceedings on the merits of Sidhu's lien claim.

Sidhu ChiropracticLien ClaimReconsiderationOrder Dismissing LienDefective ServiceOfficial Address RecordDue ProcessNoticeOpportunity to Be HeardRescind
References
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