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

Case No. ADJ1534095 (LAO 0820188)
Regular
Dec 16, 2013

PAMELA MCMILLIN vs. XEROX CORPORATION; ACE USA, administered by SEDGWICK CMS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board found that the lien claimant's petition for reconsideration of an order dismissing its lien was untimely filed. Because the original petition was untimely, the administrative law judge lacked jurisdiction to rescind the dismissal order. Therefore, the Board rescinded the judge's order and dismissed the lien claimant's petition, leaving the original dismissal order in effect.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Rescinding DecisionLien ClaimLien Activation FeeLabor Code Section 4903.06JurisdictionUntimely FilingCompromise and ReleaseWCJ
References
1
Case No. SAC 0343316
Regular
Aug 14, 2007

MELODY BRIDGES vs. SCHURMAN FINE PAPERS, CRUM & FORSTER

The Appeals Board granted reconsideration of its prior order dismissing the applicant's petition, finding it was timely filed. Despite the applicant's petition being deemed timely, the Board, adopting the Judge's report, ultimately denied reconsideration of the original April 4, 2007 findings. This rescinds the dismissal order but affirms the denial of the initial request for reconsideration.

Workers' Compensation Appeals BoardPetition to VacateOpinion and Order Dismissing ReconsiderationTimeliness of FilingPetition for ReconsiderationWCJ Findings and OrdersTemporary DisabilitySalary During DisabilityProof of ServiceElectronic Case History Log
References
0
Case No. ADJ7271033
Regular
Jan 25, 2017

JENNIFER LAWSON vs. GLEN IVY DAY SPA, COMPWEST INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) is considering rescinding an order that dismissed lien claimant Proex Diagnostics' lien for failure to pay a \$100 activation fee. Proex argues they had until December 31, 2015, to pay the fee based on a federal court order and DWC guidance. The WCAB's notice indicates they intend to rescind the dismissal if the fee is paid within ten days of the notice. If rescinded, the lien claim will return to the trial level for further proceedings.

Proex DiagnosticsGlen Ivy Day SpaCompWest Insurance CompanyBerkshire Hathaway Homestate CompaniesLien Activation FeeLabor Code Section 4903.06Workers' Compensation Appeals BoardWCJReconsiderationCompromise and Release
References
1
Case No. ADJ1035201
Regular
Oct 04, 2016

VICTOR DURAN vs. DONUT INN, STATE FARM INSURANCE COMPANY

The Appeals Board is considering rescinding an order that dismissed Metro Med Shockwave's lien claim for failure to pay a $\$100$ lien activation fee. The WCJ dismissed the lien because the fee was not paid before the lien conference, citing prior precedent. However, the lien claimant argues they had until December 31, 2015, to pay the fee based on a DWC Newsline article referencing a court order. The Board intends to rescind the dismissal if the fee is paid within ten days, allowing further proceedings on the lien claim.

Labor Code section 4903.06Lien activation feeWorkers' Compensation Appeals BoardMetro Med ShockwaveFigueroa v. B.C Doering Co.Angelotti Chiropractic v. BakerPreliminary injunctionDWC NewslineReconsiderationRescind order
References
2
Case No. ADJ7781989; ADJ8262771
Regular
Oct 03, 2013

MIRIAN GARCIA vs. COOPER COLD FOODS, INC., ILLINOIS MIDWEST INSURANCE AGENCY as administrator for STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) is granting reconsideration of its own prior decision and rescinding a July 23, 2013 decision that had overturned a prior finding of 2% permanent disability for applicant's right knee injury. The WCAB determined that its August 9, 2012 order granting reconsideration was improvidently granted because the applicant had already filed a successive and improper petition for reconsideration. Consequently, the prior order and the subsequent rescinded decision are vacated, and the applicant's petition for reconsideration is dismissed.

WCABReconsiderationPetition for ReconsiderationFindings and AwardAdministrative Law JudgePermanent DisabilityIndustrial InjurySuccessive PetitionImprovidently GrantedVacated
References
4
Case No. ADJ9706171
Regular
Sep 14, 2018

AMPARO RUSOW vs. NUESTRA GENTE, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration as it was not from a final order. However, the WCAB granted the defendant's Petition for Removal, finding that both parties would suffer irreparable harm if the dismissal issue was not thoroughly adjudicated. The WCAB rescinded both the Order of Dismissal and the Order Rescinding Dismissal. The matter was returned to the trial level for further proceedings to determine if the applicant had shown good cause to avoid dismissal.

Petition for RemovalPetition for ReconsiderationOrder Rescinding Order of DismissalOrder of DismissalFailure to ProsecuteGood CauseWCJ Report and RecommendationIrreparable HarmSubstantive RightAdjudication
References
0
Case No. ADJ4522242 (VNO 0452421) ADJ522765 (VNO 0452422)
Regular
May 26, 2011

PAUL ALLGOOD vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted lien claimant's petition for removal to rescind an Administrative Law Judge's order compelling Dr. Baden's appearance at trial. The Board found no good cause was established for Dr. Baden's direct examination and that the order was not a final, appealable decision. Removal was granted to prevent prejudice to the lien claimant, and the order for Dr. Baden's appearance was rescinded. The Board also dismissed the lien claimant's prior petition for reconsideration.

Lien ClaimantPetition for ReconsiderationPetition for RemovalWCJ OrderDr. Scott BadenGood CauseMedical WitnessDirect ExaminationWritten ReportsBoard Rule 10606
References
11
Case No. ADJ10107934
Regular
May 14, 2025

Librada Sanchez vs. Goodwill Industries, Redwood Fire and Casualty Insurance Company

Defendant sought reconsideration of an earlier order by the Workers' Compensation Appeals Board (WCAB) that rescinded a Workers' Compensation Judge's (WCJ) dismissal of a lien. The WCAB dismissed the petition for reconsideration on two grounds. First, it was improperly filed with the Oakland District Office instead of the Appeals Board, although it was transmitted. Second, and more importantly, the Appeals Board determined that the February 21, 2025 order, which rescinded the lien dismissal, was not a 'final' order because it did not determine any substantive right or liability or a threshold issue fundamental to the claim for benefits. Therefore, the petition sought review of a non-final order.

WCABPetition for ReconsiderationNon-final orderLabor Code section 5909TransmissionEAMSNotice of transmissionSubstantive right or liabilityThreshold issueInterlocutory procedural order
References
6
Case No. ADJ8693165
Regular
Sep 03, 2013

JEREMY VALENCIA vs. AGI PUBLISHING, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing sanctions against the injured worker's attorney. This was due to improper service of the sanctions order and lack of sufficient notice, preventing the attorney from an adequate opportunity to be heard. The WCAB denied the petition for disqualification of the judge, finding no evidence of bias. The petition concerning the notice of intention to dismiss the case was dismissed as it was not a final order.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for ReconsiderationOrder Imposing SanctionsNotice of Intention to DismissWCJInjured WorkerCounselService of ProcessOfficial Address Record
References
5
Case No. ADJ7828356
Regular
Dec 27, 2018

ELIZABETH ZAVALA vs. EMPLOYMENT SOLUTIONS, TRISTAR RISK MANAGEMENT FOR CASTLEPOINT NATIONAL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case involves lien claimant petitions for reconsideration of two WCJ orders. The first petition was dismissed as moot because the challenged Findings and Award was subsequently rescinded. The second petition was also dismissed because the Order Rescinding Findings and Award for Lien Claim is not a final order, and reconsideration is only permitted from final decisions. Therefore, both petitions for reconsideration were dismissed as they were procedurally improper.

Workers' Compensation Appeals BoardElizabeth ZavalaEmployment SolutionsTristar Risk ManagementCastlepoint NationalCalifornia Insurance Guarantee AssociationADJ7828356Petition for ReconsiderationFindings and AwardOrder Rescinding Findings and Award
References
4
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