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

Case No. ADJ1186781 (VNO 0516635) ADJ1590743 (VNO 0552326)
Regular
Jun 10, 2013

DANA BONSALL vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Defendant County of Los Angeles petitioned to set aside an order compelling payment of $14,500 to lien claimant, The 4600 Group. The defendant argued the order was based on mistake, as they were unaware of prior payments made to Burbank Podiatry, which was part of the lien claim. Crucially, the assigned judge realized she was disqualified due to previously serving as defense counsel in this matter. The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.

WCABPetition to Set AsideStipulation and OrderLien ClaimantWCJ DisqualificationRule 9721.12(c)(2)Good CauseRescinded OrderRemandBurbank Podiatry
References
0
Case No. ADJ2244538 (LAO 0883304)
Regular
Jul 29, 2011

MELVIN ISAAC vs. PARAMOUNT PICTURES

This case involves the Workers' Compensation Appeals Board (WCAB) removing a matter on its own motion to review a Compromise and Release (C&R) order. The WCAB issued a Notice of Intention to approve the C&R with addenda, allowing parties 20 days to object. As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda. The cases are now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalCompromise and ReleaseAddendaWCJ OrderRescindedApprovedTrial LevelParamount PicturesMelvin Isaac
References
0
Case No. MISSING
Regular Panel Decision

McGinn v. Morrin

This order addresses the defendants' motion to vacate and set aside the service of various legal documents, including an order to show cause, affidavit, summons, and verified complaint. The court unanimously affirmed the denial of the defendants' motion. The decision included an award of twenty dollars in costs and disbursements. Defendants were also granted leave to answer within twenty days after the service of the order, contingent upon the payment of the aforementioned costs.

Motion to VacateService of ProcessOrder to Show CauseVerified ComplaintCosts and DisbursementsAffirmation of OrderLeave to Answer
References
2
Case No. ADJ7793819 ADJ8527743 ADJ7742174
Regular
Jun 06, 2013

EVERETT JOHNSON vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, CORVEL

The Board dismissed the defendant's Petition for Reconsideration as moot because the order sought to be reconsidered was rescinded pending a decision on the applicant's petition to set aside the Compromise and Release. The defendant's Petition for Removal was also denied as they were not currently aggrieved. The matter is returned to the WCJ to hear and rule on the applicant's Petition to Set Aside Order Approving Compromise and Release. The defendant may seek reconsideration after a final order on the settlement is issued.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and Releaseattorney feesWCJset aside ordermisrepresentationfraudcumulative trauma
References
0
Case No. MISSING
Regular Panel Decision
Mar 12, 1996

Schaefer v. RCP Associates

This case involves an appeal of an order in a Labor Law § 240 action where an injured plaintiff worker fell from a ladder. The Supreme Court, New York County, affirmed an earlier order denying third-party defendant Superior Acoustics, Inc.'s motion to set aside a jury verdict finding it 5% negligent. The order also imputed the plaintiff's negligence to Superior Acoustics, Inc., the employer, and granted the plaintiff's cross-motion to set aside the jury's verdict as to damages. The court found sufficient proof of the employer's failure to supervise and reiterated that the plaintiff's own negligence does not defeat their right to compensation under the Labor Law. Furthermore, the decision upheld setting aside the jury's inconsistent damages verdict, which awarded substantial future lost earnings but no future pain and suffering.

Labor Law § 240Jury VerdictNegligence ImputationDamagesFuture Lost EarningsPain and SufferingLoss of ServicesThird-Party DefendantEmployer LiabilityLadder Fall
References
4
Case No. ADJ1377755 (FRE 0242857) ADJ1891281 (FRE 0242858)
Regular
Oct 11, 2010

RUDOLPH GUTIERREZ vs. DERREL'S MINI STORAGE, BERKSHIRE HATHAWAY HOMESTATE, CO.

The Workers' Compensation Appeals Board dismissed Applicant Gutierrez's petition for reconsideration of a January 19, 2010 stipulation and order. Applicant contended the settlement was not secured with his consent. The Board treated his petition as a motion to set aside the award. The case is returned to the trial level for the judge to consider the set-aside petition and conduct further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition to Set AsideStipulation and OrderPro SeAdministrative Law JudgeDismissedReturned to Trial LevelAwardConsent
References
0
Case No. ADJ339464 (LBO 0318588)
Regular
Apr 22, 2019

MELVIN DEAN vs. M. B. HERZOG CORP., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) dismissed a former attorney's petition for reconsideration because it was untimely filed. The attorney sought to overturn an order approving a compromise and release, alleging her lien for attorney fees was improperly handled by current counsel and the WCJ. Although the petition was dismissed for jurisdictional reasons, the WCAB recommended the trial judge treat it as a petition to set aside the order due to allegations of extrinsic fraud or mutual mistake regarding the attorney's lien. A hearing will be necessary to present evidence and allow the WCJ to issue a decision on setting aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseLien ClaimantAttorney FeesTimelinessJurisdictional GroundsPetition to Set AsideExtrinsic FraudMutual Mistake
References
7
Case No. ADJ9120917, ADJ6899995
Regular
Sep 16, 2016

RICK STEIN vs. CITY OF HUNTINGTON BEACH

The WCAB dismissed the defendant's petition for reconsideration because the WCJ's order vacating a prior order approving a compromise and release was not a final order. The Board granted the defendant's petition for removal to amend the vacating order, specifying the matter should be set for a status conference. This action was taken under WCAB Rule 10859, allowing the WCJ to rescind an order and conduct further proceedings within 30 days. The case is returned to the WCJ to determine if good cause exists to set aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseOrder Approving Compromise and ReleaseOrder Vacating Order Approving Compromise and ReleaseWCJLabor Code Section 132(a)Cumulative Trauma InjuryLeft Knee Injury
References
6
Case No. ADJ16777493
Regular
May 12, 2025

Eduardo Magallon vs. People Ready/True Blue, AIU Insurance

Applicant Eduardo Magallon sought reconsideration of a Findings and Order (F&O) issued on February 19, 2025, which denied his petition to set aside an Order Approving Compromise and Release (C&R) from May 23, 2023. Magallon contended he was unable to make decisions about his claim and that the C&R should be set aside due to fraud, mistake, or duress. The Workers' Compensation Judge (WCJ) found no such grounds, as Magallon admitted understanding the settlement terms and was not coerced. The Appeals Board granted reconsideration solely to clarify that Magallon's petition to set aside the C&R is denied, and otherwise affirmed the F&O.

Workers Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseSet Aside SettlementFraudMistakeDuressGood CauseStipulationsInformation and Assistance Officer
References
10
Case No. ADJ10239649
Regular
Sep 02, 2016

, Applicant, vs. , Defendants.

The applicant's Petition for Reconsideration was dismissed as untimely because it was filed over twenty days after the Order Approving Compromise and Release. However, the Board returned the case to the trial level to determine if the applicant's claims of fraud regarding his employer's identity and insurance coverage constitute good cause to set aside the original settlement order. The applicant alleged he was misled into settling based on false information about his employer's insurance status. The Board acknowledges these allegations, if proven, could justify setting aside the order.

Petition for ReconsiderationOrder Approving Compromise and ReleaseuntimelyFraudSet Aside OrderJoinderDeclarative JudgmentGood CauseInequitableMistake
References
13
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