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

Case No. ADJ10999985
Regular
Dec 23, 2020

JOHNNIE MICHEAUX vs. SER JOBS FOR PROGRESS NATIONAL, INC., REDWOOD FIRE & CASUALTY INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, finding the record insufficient to support the WCJ's order taking the Mandatory Settlement Conference (MSC) off-calendar. The defendant argued they did not consent to the MSC being removed from the calendar, nor did the applicant show good cause for an additional Qualified Medical Evaluation (QME) panel. Consequently, the Board rescinded the WCJ's order and returned the matter for further proceedings to establish a proper record regarding the issues presented.

Petition for RemovalMandatory Settlement ConferenceOff-CalendarQualified Medical EvaluationQME PanelInternal MedicineGood CauseAdjudication NumberWCJAppeals Board
References
4
Case No. ADJ4665750
Regular
Oct 07, 2011

MARTIN ROJAS vs. ANHEUSER BUSCH, CHARTIS CLAIMS INC.

Here's a summary for a lawyer in four sentences: The applicant sought reconsideration of an order taking the matter off calendar, claiming unspecified alterations were made to a signed Compromise and Release Agreement. The Board dismissed the petition, as reconsideration can only be sought for a final order, decision, or award. An order taking a matter off calendar is not a final order as it does not determine substantive rights or liabilities. The applicant may still raise issues regarding the unapproved Compromise and Release Agreement at trial.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and Release AgreementOrder taking off calendarFinal orderSubstantive rights and liabilitiesWCJ approvalTrial levelIn pro perChartis Claims Inc.
References
3
Case No. ADJ833288 (LBO 0385383)
Regular
Jan 29, 2016

MARTIN VALDEZ vs. NATURE'S TREE SERVICE, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of an order taking the case off calendar, arguing their attorney was not properly served with prior dismissal notices. The Appeals Board dismissed the Petition for Reconsideration because an order taking a case off calendar is interlocutory and not a final order subject to reconsideration. Furthermore, the Board denied the request for removal, stating the applicant had not shown substantial prejudice or irreparable harm. The applicant must address the prior dismissal order at the trial level before seeking appellate review.

WCABPetition for ReconsiderationPetition for RemovalOff Calendar OrderDismissal OrderSubstitution of AttorneysLack of ProsecutionService of ProcessInterlocutory OrderFinal Order
References
9
Case No. SJO 0256905
Regular
Jul 17, 2008

FERDINAND LIZARDO vs. MICROSOFT CORPORATION, AVIZENT/FRANK GATES SERVICES

The Appeals Board dismissed the defendant's Petition for Reconsideration, holding that an order taking a case off calendar is an interlocutory procedural order, not a final order subject to reconsideration. The Board also denied the defendant's Petition for Removal, finding that the WCJ did not abuse discretion by taking the case off calendar to consolidate it with another claim for judicial economy, as the defendant failed to demonstrate irreparable harm or significant prejudice. The defendant's arguments regarding due process and potential future medical-legal costs were found insufficient grounds for removal.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for Removaloff calendardue processirreparable harmsignificant prejudiceinterlocutory orderfinal ordersubstantive right or liability
References
7
Case No. ADJ9812433
Regular
Mar 10, 2016

HECTOR ORTIZ vs. WALGREENS FAMILY OF COMPANIES, dba TAKE CARE, ZURICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Walgreens' petition for removal, which challenged an order to take the case off calendar for a Qualified Medical Evaluator (QME) evaluation. The Board found that proceeding with the QME evaluation, which had been delayed due to clerical errors and physician availability, would not cause Walgreens irreparable harm. The Board emphasized that removal is an extraordinary remedy and that developing the record through a QME is essential for the orderly resolution of the applicant's alleged industrial injuries.

Petition for RemovalQualified Medical EvaluatorOff CalendarSignificant PrejudiceIrreparable HarmMedical UnitPanel RequestStrikeReplacement PanelDevelopment of the Record
References
2
Case No. ADJ9136374
Regular
Aug 18, 2015

RAUL GUZMAN vs. SHARPE INTERIOR SYSTEMS, AMTRUST SAN FRANCISCO

The applicant sought removal of an order taking his case off calendar at a mandatory settlement conference. The judge removed the case because the defendant disputed coverage, leaving the applicant without benefits. The Appeals Board granted removal, finding significant prejudice due to the applicant's exhausted disability benefits and lack of current support. The order taking the case off calendar was rescinded, and the matter was returned for an expedited settlement conference. Sanctions against the defendant were deferred to the trial level.

Petition for RemovalOrder Taking Off CalendarMandatory Settlement ConferenceDenial of CoverageLabor Code Section 5813SanctionsBad FaithUnreasonable DelaySignificant PrejudiceIrreparable Harm
References
4
Case No. ADJ9549383
Regular
Jul 10, 2017

JUANA ZELEDON DE TREMINIO vs. ESPOSTOS FINE FOODS INC. dba BOX LUNCH CO.

The defendant sought removal of the WCJ's orders to reopen discovery and take the case off calendar, arguing the applicant lacked due diligence. The Appeals Board granted removal, rescinded the WCJ's minute orders, and returned the case for trial without further discovery. The Board found the WCJ erred by taking the case off calendar and reopening discovery before trial, as there was no established record of deficient medical reports to justify such actions. The question of due diligence and substantial evidence should be determined based on admitted evidence at trial.

Workers' Compensation Appeals BoardPetition for RemovalMinute OrdersReopening DiscoveryOff CalendarDue DiligencePrejudicialIrreparably HarmfulMedical Provider Network (MPN)Continuity of Care
References
2
Case No. ADJ820875 (MON 0251000) ADJ4467494 (MON 0156338) ADJ1266959 (LAO 0791769) ADJ1310086 (MON 0252336) ADJ2298144 (MON 0252337) ADJ4041333 (MON 0252338)
Regular
Mar 04, 2020

FEREZ, Gabriel vs. DILLINGHAM/ SADELMI; AIG INSURANCE; VALVERDE CONSTRUCTION; CIGA; MARMELLOTTO; VALLEY CEST; ACE INSURANCE, administered by ESIS

This case involves a lien claimant, Elena Konstat Ph.D., whose request to proceed with a lien on multiple workers' compensation claims was taken off calendar by the Administrative Law Judge (ALJ). The Workers' Compensation Appeals Board (WCAB) granted removal because the ALJ's order erroneously stated the lien claimant lacked standing without a proper adjudication. While affirming the order to take the matter off calendar, the WCAB amended the order to remove the problematic language regarding standing, clarifying that the lien claimant's claim has not been decided on its merits. The matter was removed from the calendar to allow proper service and procedural steps for another lien claimant, Precision Pharmacy, before any further lien conferences or trials.

Workers' Compensation Appeals BoardPetition for RemovalLien ClaimantWCJOff CalendarStandingLabor Code §4903.8(d)Joint Compromise and ReleaseSettlement AgreementDeclaration of Readiness to Proceed
References
1
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. LAO 0852439
Regular
Dec 11, 2007

PEDRO DANIEL JUAREZ, vs. TORRANCE HEATING COMPANY, INC;, NATIONAL LIABILITY AND FIRE INSURANCE COMPANY c/o ACCA

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration, finding that the WCJ's order taking issues off calendar was an interlocutory procedural order, not a final determination of substantive rights. The Board also denied removal, as the applicant failed to demonstrate substantial prejudice or irreparable harm, noting that the applicant still has opportunities to develop the record regarding his psychiatric injury. Therefore, the applicant's attempts to challenge the off-calendar order were unsuccessful.

Workers' Compensation Appeals BoardPetition for ReconsiderationOff CalendarQualified Medical EvaluatorQME reportPsyche InjuryInterlocutory OrderRemovalSubstantial PrejudiceIrreparable Harm
References
7
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