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

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
Case No. ADJ9070475
Regular
Dec 15, 2017

CARTO GROZCO vs. SUNSET MASONRY & CONCRETE, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for TOWER CASTLEPOINT INSURANCE

Radiology Disc of Encino's petition for reconsideration is dismissed because it was not filed from a final order. The Appeals Board grants removal, rescinds the previous order, and returns the case to the trial level. This allows Radiology Disc an opportunity to argue its jurisdiction and present evidence regarding its medical-legal services. The WCJ should have adjudicated jurisdiction rather than taking the case off calendar.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOff-Calendar OrderFinal OrderSubstantive RightInterlocutory OrderMedical-Legal Expense DisputeWCJRemoval Granted
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ1981214
Regular
May 13, 2019

BEVERLY PEREZ vs. STANFORD UNIVERSITY, ZURICH AMERICAN INSURANCE COMPANY

The Appeals Board denied the applicant's Petition for Disqualification and dismissed her Petition for Reconsideration of an order taking the matter off calendar. The Board granted removal because the WCJ incorrectly concluded the case was dismissed, as the applicant had filed a timely objection to a Notice of Intention to Dismiss. The case is returned to the trial level to determine the adequacy of the applicant's response to the Notice of Intention.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for ReconsiderationPetition for RemovalWCJ OrderNotice of Intention to DismissWCAB Rule 10582Declaration of Readiness to ProceedMeet and ConferOrder Taking Matter Off Calendar
References
Case No. ADJ18454068
Regular
Nov 06, 2025

JOHN COCHRAN JR. vs. THE WALT DISNEY COMPANY, KEYSTONE PAYING AGENT, INC., AMERICAN BROADCASTING COMPANIES, CHUBB INSURANCE

Applicant John Cochran Jr. filed a petition for removal challenging an order that took his case off calendar without a developed record. The Workers' Compensation Appeals Board found the order to violate due process and cause irreparable harm. Consequently, the Board granted the petition, rescinded the August 13, 2025 order, and returned the matter to the trial level to create a proper record. The Board emphasized that decisions must be based on admitted evidence and supported by substantial evidence.

Petition for RemovalOrder Taking Matter Off CalendarRescind OrderCreate RecordDue Process ViolationIrreparable HarmSubstantial PrejudiceSubstantial EvidenceComplete RecordAdmitted Evidence
References
Case No. ADJ10344600
Regular
Aug 02, 2018

LUCIA GRADINARIU vs. FUTUREWEI TECHNOLOGIES, INC., BERKLEY NATIONAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petitions for reconsideration and removal. The WCAB found that the applicant's petition for reconsideration of the December 28, 2016 Findings and Orders was procedurally defective as it was unverified and lacked proper proof of service. The Board also determined that the applicant's petition challenging the subsequent Order Taking Off Calendar was an attempt to seek reconsideration of an interlocutory order, which is improper. Furthermore, the WCAB denied the petition for removal, finding no substantial prejudice or irreparable harm would result from the interlocutory order.

AOE/COEPetition for RemovalPetition for ReconsiderationOrder Taking Off CalendarFindings and OrdersSubstantial Medical EvidenceUnverified PetitionProof of ServiceCumulative InjuryDate of Injury
References
Case No. ADJ9671520
Regular
Oct 18, 2019

ALICIA DAVENPORT vs. NORDSTROM, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Nordstrom's Petition for Reconsideration, finding the WCJ's order to take the case off calendar was not a final order. However, the WCAB granted Nordstrom's Petition for Removal, rescinded the WCJ's order, and returned the matter for further proceedings. This action was taken because the WCJ failed to adequately address the parties' Compromise and Release agreement, specifically concerning defendant's credit for $3,500 in missed appointment fees. The WCAB indicated the parties could bifurcate the settlement or the issue of the fees would require a hearing.

Workers Compensation Appeals BoardNordstromInc.Alicia DavenportPetition for ReconsiderationPetition for RemovalCompromise and Releasemissed appointment feesadministrative law judgeOrder Suspending Action
References
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
Case No. ADJ8619288
Regular

ZUSSETTE MORALES vs. MAYA CORPORATION, CAPITAL INSURANCE COMPANY

This case concerns a defendant's petition for reconsideration and removal of an Order Taking Off Calendar (OTOC). The Appeals Board dismissed the petition for reconsideration because the OTOC was not a final order. Treating the petition as a request for removal, the Board denied it, finding no substantial prejudice or irreparable harm. This is because the lien claimant's lien was stayed under Labor Code section 4615, precluding further proceedings on the lien and related issues.

Order Taking Off CalendarPetition for ReconsiderationPetition for RemovalLabor Code Section 4615Automatic StayLien ClaimantStatute of Limitations DefensePetition for Costs and SanctionsFinal OrderInterlocutory Order
References
Case No. ADJ6821103
Regular

DANIEL RAMIREZ vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was taken from a non-final order taking the matter off calendar (OTOC). While the Petition for Removal would ordinarily be denied, the WCAB granted removal on its own motion. The WCAB amended the OTOC to include a final order denying the applicant's appeal of the Independent Medical Review determination, as the Board lacks authority to address the constitutional issues raised.

Petition for ReconsiderationTaking Off Calendar (OTOC)Final OrderSubstantive RightInterlocutory OrderPetition for RemovalBoard MotionIndependent Medical Review (IMR)Constitutional IssuesAppellate Review
References
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