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

Case No. ADJ7350346
Regular
Jan 05, 2012

TENNE PHAM vs. HAWAIIAN GARDEN CASINO, TRAVELERS INSURANCE COMPANY

This order denies Tenne Pham's Petition for Removal in a workers' compensation case against Hawaiian Garden Casino and Travelers Insurance Company. The Appeals Board adopted the findings of the Workers' Compensation Judge, denying the removal. Additionally, the Board ordered a correction of a clerical error in a previous order to remove one of the case numbers from the caption. Therefore, the Petition for Removal is denied, and the prior order is amended.

Petition for RemovalWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeClerical ErrorDenying RemovalCorrecting Clerical ErrorStrike Case NumberOrder Denying RemovalADJ3545303ADJ7350346
References
0
Case No. ADJ3953416
Regular
Mar 07, 2013

CLENNON MOORE vs. COUNTY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding no significant prejudice or irreparable harm from the WCJ's order vacating a trial date. The Board also denied the defendant's petition to remove the applicant's non-attorney representative, Danny Boyd, from appearing, despite Boyd's history of abusive conduct. However, the Board issued a stern warning to Boyd that future misconduct will result in proceedings to remove his privilege to represent parties. The Board noted Boyd's potential violation of paralegal regulations and advised him to ensure compliance.

WCABPetition for RemovalHearing RepresentativeLabor Code Section 4907Cease and Desist OrderAbusive ConductNon-attorney RepresentativeSB 899Labor Code Section 5814Medical Mileage
References
3
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
9
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
6
Case No. ADJ10393758
Regular
Jun 08, 2018

JOSE BASALDUA VALDEZ vs. NORCAL BUILDING SERVICES, INC., STATE COMPENSATION INSURANCE FUND, Rutherford Ashbury, LLC, Patrick F. Mockler

Defendants sought dismissal from a workers' compensation case after the applicant's employer's insurer accepted coverage. The WCJ initially denied this dismissal but later dismissed one defendant without prejudice. The Appeals Board denied the defendants' Petition for Removal, finding it moot due to the subsequent order. However, the Board, on its own motion, granted removal to amend the later order and dismiss the remaining defendant without prejudice, correcting a perceived clerical error.

Workers' Compensation Appeals BoardPetition for RemovalGranting RemovalDecision After RemovalOrder Denying Petition to DismissMinute OrderJoinderGeneral ContractorUninsured Employers Benefits Trust FundSCIF
References
1
Case No. ADJ9478722
Regular
Jun 08, 2015

Shannon Murphy vs. DAD'S BBQ, THE HARTFORD

The applicant sought removal of an Order to Appear for Medical Examination, alleging negligence and seeking sanctions for failure to allow attorney representation. The WCAB denied the petition, adopting the WCJ's recommendation to deny the removal. Although the WCJ found the petition untimely and lacking proper grounds, the Board found no proof of service of the order, preventing a determination of timeliness. Consequently, the Board denied the petition for removal based on the WCJ's report.

Petition for RemovalOrder to Appear for Medical ExaminationWCJsubstantial prejudiceirreparable harmproof of servicetimelinessWCAB Rule 10843verificationnon-final decision
References
2
Case No. ADJ7098412; ADJ7098413 ADJ7098414; ADJ7099557 ADJ7095101; ADJ7095118
Regular
Dec 16, 2010

ERLINDA SALES vs. HYATT REGENCY, LIBERTY MUTUAL INSURANCE COMPANY

The WCAB dismissed the applicant's petition for reconsideration as untimely and unverified, and denied her petition for removal. However, the Board granted removal on its own motion, rescinded the WCJ's Minute Order requiring the applicant to attend a PQME, and returned the matter to the WCJ for further proceedings. The applicant argued the Minute Order denied due process by not allowing a hearing on her contention of defendant's non-compliance with medical evaluation procedures.

WCABPetition for ReconsiderationPetition for RemovalMinute OrderPanel Qualified Medical ExaminationPQMEDr. KimLabor Code section 4062.2(c)Due ProcessUntimely Petition
References
12
Case No. ADJ8908416
Regular
Jul 14, 2014

ROXANNE BROWN GARCIA vs. ALAMEDA UNIFIED SCHOOL DISTRICT

This order dismisses Roxanne Brown Garcia's petition for reconsideration and denies removal as interlocutory orders are not subject to reconsideration. The Board also denied removal, adopting the judge's report and finding no substantial prejudice or irreparable harm. Furthermore, the petition was dismissed for failing to be verified. Ultimately, the Board ruled to dismiss the petition for reconsideration and deny removal.

Petition for ReconsiderationDismissedRemoval DeniedFinal OrderInterlocutory OrderSubstantive RightLiabilityWCABLab. CodeRymer v. Hagler
References
6
Case No. ADJ10063795
Regular
Apr 26, 2018

ALFREDO GOMEZ vs. ALLIED BARTON SECURITY SERVICES, ESIS

The Appeals Board granted the applicant's Petition for Removal regarding the February 12, 2018 order appointing an Independent Medical Examiner (IME), rescinded the order, and returned the matter for further proceedings. This action stemmed from concerns that the applicant was denied due process and a proper hearing on issues related to Qualified Medical Examiner (QME) selection. The Board denied the applicant's Petition for Disqualification, finding the alleged bias insufficient to warrant removal of the judge. The Petition for Reconsideration was dismissed as the order at issue was not a final decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DisqualificationIndependent Medical ExaminerQualified Medical ExaminerDue ProcessWCJ BiasLabor Code 4062Interlocutory Order
References
18
Case No. ADJ6887918
Regular
May 24, 2010

GREGORY KISTLER (Deceased) MEREDITH KISTLER vs. KODIAK UNION ROOFING, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought reconsideration of an order denying a change of venue from San Francisco to Sacramento due to witness convenience. The WCAB found the order denying the venue change was not a final order and thus not subject to reconsideration. Furthermore, the WCAB adopted the PWCJ's reasoning to deny removal, finding no substantial prejudice or irreparable injury to the defendant.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenuePresiding Workers' Compensation Administrative Law JudgeFinal OrderInterlocutory OrderSubstantive RightsIrreparable InjurySubstantial Prejudice
References
4
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