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

Case No. ADJ1332416 (WCK 0031685) ADJ3521523 (OAK 0322592) ADJ4017994 (WCK 0029276)
Regular
Nov 19, 2015

PAMELA ZEILSTRA vs. TARGET STORES

The Workers' Compensation Appeals Board granted defendant's petition for removal, rescinding the WCJ's order setting a mandatory settlement conference and deferring the request to set aside a prior order compelling medical examination attendance. The Board found that the issue of setting aside the two-year-old compelling order must be resolved before a settlement conference. Applicant must comply with the order or show good cause for setting it aside, and defendant may seek an order under Labor Code section 4053. The matter is returned to the trial level for further proceedings, starting with a status conference.

Petition for RemovalOrder Compelling AttendanceMedical ExaminationMandatory Settlement ConferenceWCJDiscoverySet Aside OrderLabor Code section 4053Rescind OrderTrial Level
References
0
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 The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.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. ADJ8150716
Regular
Apr 29, 2013

CHRIS ARCE vs. PACIFIC BELL TELEPHONE COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the order setting trial was interlocutory, not final. The WCAB granted removal of the order, finding applicant was denied due process by lack of notice for a status conference. Consequently, the WCAB rescinded the order setting trial and substituted an order converting the trial date to a mandatory settlement conference. This decision aims to address potential prejudice to the applicant and promote judicial economy.

Workers Compensation Appeals BoardPacific Bell Telephone CompanySedgwick CMSADJ8150716Supplemental Petition for ReconsiderationDeclaration of Readiness to ProceedWCJ OrderThird Party CreditDue ProcessMandatory Settlement Conference
References
11
Case No. ADJ11127536
Regular
Jun 19, 2018

MANUEL GOMEZ vs. F.A.L. TRANSPORTATION, INC., SUPRA NATIONAL EXPRESS, INC.

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal. The defendant sought removal of a Minute Order setting a status conference and a Notice of Intention to Impose Sanctions, arguing prejudice. The WCAB dismissed the petition regarding the sanctions as no order had been issued, and denied it as to the Minute Order. The WCAB found no irreparable harm or prejudice from a status conference aimed at clarifying issues before trial on a Compromise and Release.

Illegally UninsuredPetition for RemovalMinute OrderNotice of Intention to Impose SanctionsCompromise and ReleaseWCJWCABExtraordinary RemedySignificant PrejudiceIrreparable Harm
References
2
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. ADJ4639631 (MON 0327478)
Regular
Nov 08, 2012

MARY JONES vs. UCLA MEDICAL CENTER, SEDGWICK, CMS

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, finding that the judge improperly continued the case to trial after a status conference without defendant's agreement. The Board rescinded the judge's order, stating that a mandatory settlement conference (MSC) is required after a status conference unless parties agree otherwise. The case is returned for further proceedings, including setting a new MSC, with discovery remaining open to allow the defendant to complete its investigation.

Petition for RemovalWCJStatus ConferenceMandatory Settlement ConferenceDiscoveryOff CalendarLabor Code Section 5502(e)(3)WCAB Rule 10301(dd)Pretrial Conference StatementDeclarations of Readiness to Proceed
References
2
Case No. ADJ8500075
Regular
Oct 27, 2015

RUDI QUINTEROS vs. STAMOULES PRODUCE, ZENITH INSURANCE COMPANY

In this workers' compensation case, the defendant sought removal after the WCJ rescinded an order approving a compromise and release (C&R). The applicant claimed a "change of heart" as the basis for setting aside the C&R, which the defendant argued was insufficient grounds. The Appeals Board granted removal, rescinding the WCJ's order and substituting an order suspending the C&R approval. The case was returned to the WCJ to hold a status conference to allow the applicant to present arguments for setting aside the C&R.

Workers' Compensation Appeals BoardPetition for RemovalCompromise and ReleasePetition to Set AsideOrder Approving Compromise and ReleaseOrder Rescinding OrderGood CauseFraudMistakeUndue Influence
References
2
Case No. ADJ7179436, ADJ7635028
Regular
Jan 10, 2017

JOSE MEDRANO vs. KIEWIT INFRASTRUCTURE WEST COMPANY

This case involves a Petition for Removal filed by Kiewit Infrastructure West Company regarding the WCJ's order setting one case for trial. The petitioner sought to take the trial off calendar or continue it. The WCJ subsequently ordered both cases set for a status conference, effectively granting the petitioner's request. Consequently, the Appeals Board dismissed the Petition for Removal as moot.

Petition for RemovalWCJStatus ConferenceTaken off CalendarIrreparable HarmSignificant PrejudicePermissibly Self-InsuredSpecialty Risk ServicesLong Beach District OfficeAlbert and Mackenzie
References
0
Case No. ADJ4398425 (LAO 0875977) ADJ1647933 (LAO 0867627)
Regular
Jul 21, 2010

PHYLLIS MOSS vs. PriceWaterhouseCoopers, LLP, Chubb Services Corporation

This case involves a dispute over a mandatory settlement conference (MSC) where both parties claim the other was absent or improperly handled the proceedings. The Appeals Board granted removal due to conflicting records and confusing circumstances surrounding the MSC and a subsequent trial setting. The Board found the WCJ erred by setting the matter for trial after issuing an order taking it off calendar, despite conflicting accounts of attorney appearances. Consequently, the scheduled trial was converted to a status conference for further proceedings.

Petition for removalMandatory settlement conferenceOrder off calendarMinutes of HearingPre-Trial Conference StatementAgreed Medical Evaluator (AME)Status conferenceRemandedWCJWCAB
References
0
Case No. ADJ10823002
Regular
Sep 11, 2017

JEANETTE GONZALEZ vs. DEPARTMENT OF SOCIAL SERVICES - INHOME SUPPORT SERVICES, YORK RISK SERVICES GROUP, INC.

This case concerns a venue dispute where the applicant initially filed in Van Nuys, based on her attorney's office location. The defendant, Department of Social Services, objected within the statutory 30-day period and requested a transfer to Sacramento. The WCAB granted the defendant's Petition for Removal, finding that forcing the defendant to attend a status conference on the venue issue would cause prejudice. The WCAB then rescinded the WCJ's order setting the status conference and granted the defendant's petition to transfer the case to the Sacramento District Office.

Workers' Compensation Appeals BoardPetition for RemovalOrder Setting Status ConferencePetition to Change VenueVenue PetitionLabor Code section 5501.5attorney's principal place of businessprejudiceirreparable harmmandatory venue transfer
References
1
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