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

Case No. ADJ1350207 (SRO 0141409) ADJ7636521
Regular
May 08, 2012

MICHELE WOODRUFF vs. G\u0026K MANAGEMENT, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the prior order for a second QME panel in orthopedics. The Board found the administrative law judge prematurely ordered the panel before evidence was presented or the case was submitted for decision. The Board clarified that a judge can only order supplemental medical evaluations after trial if specific opinions are found deficient, not beforehand. The matter was returned to the trial level for further proceedings and eventual trial.

Petition for RemovalQualified Medical EvaluatorSecond QME PanelMcDuffie v. Los Angeles County Metropolitan Transit AuthoritySubstantial EvidenceMedical Record DevelopmentTrial Level ProceedingsOpinion and OrderCumulative Trauma ClaimMandatory Settlement Conference
References
1
Case No. ADJ8075448
Regular
Oct 10, 2017

ALEX ROBLES vs. SOUTHERN CALIFORNIA GAS COMPANY, UTILITY WORKERS UNION OF AMERICA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a trial judge's award in favor of applicant Alex Robles against Southern California Gas Company (SCGC). SCGC sought reconsideration, asserting that crucial testimony was omitted from the trial record. The WCAB ordered transcription of all trial testimony to ensure a full and fair adjudication of SCGC's petition. This action was necessary to allow the Board further study of the factual and legal issues involved.

Petition for ReconsiderationFindings and AwardAOE/COEGoing and Coming RuleMinutes of HearingSummary of EvidenceTrial TestimonyWCAB Rule 10740Transcript TranscriptionElectronic Adjudication Management System
References
2
Case No. ADJ14635315
Regular
Aug 29, 2025

MARTIN AGUILAR vs. ANTON SEITZ DBA KARLS CUSTOM SASH AND DOORS, OAK RIVER INSURANCE COMPANY DBA BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The case involves a Petition for Removal filed by lien claimant The Dental Trauma Center Hawthorne against a WCJ's order allowing remote testimony for defense witnesses in a lien trial. The lien claimant argued potential prejudice and irreparable harm, while the defendant submitted an answer and the WCJ recommended denying removal. The Appeals Board found that due process requires a sufficient record for meaningful review, which was absent as no documentary record of the parties' arguments regarding the remote testimony order was made. Consequently, the Board granted the Petition for Removal, rescinded the WCJ's order, and returned the matter to the trial level for further proceedings.

Petition for RemovalLien ClaimantRemote Witness TestimonyIrreparable HarmDue ProcessFair HearingWCJ OrderRescindedReturned to Trial LevelAdjudication Number
References
9
Case No. ADJ3835561 (GOL 0099475)
Regular
Jul 12, 2011

CESAR HERNANDEZ vs. J.D. HUMANN LANDSCAPING, INC., NATIONAL LIABILITY AND FIRE INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

The defendant sought reconsideration of an order setting aside a compromise and release, alleging the order was ex-parte and issued without notice. However, the defendant later withdrew its petition, explaining it was unaware of lien claimant correspondence and had since negotiated a resolution for attorney fees. The Board dismissed the defendant's petition for reconsideration and remanded the case to the trial level for further proceedings. This action allows for reinstatement of the original compromise and release and approval of the negotiated stipulation for attorney fees.

WCABPetition for ReconsiderationOrder Setting Aside Order Approving Compromise and ReleaseEx-parteLien ClaimantEstate of Michael StevensStipulation and AwardAttorney FeesRemandTrial Level
References
0
Case No. MISSING
Regular Panel Decision

Rowe v. Board of Education

Plaintiff sued Chatham Central School District Middle School for negligence after sustaining injuries from a fall in the school cafeteria, allegedly due to accumulated mud, water, and a lack of rain mats. The defendant School District subsequently impleaded the Chatham Central Teachers’ Association, claiming the Association was in control of the cafeteria and responsible for the plaintiff's injuries. Following a trial, the jury rendered a verdict of no cause for action in favor of both the School District and the Association. However, Special Term set aside this verdict and granted a new trial, based on evidence suggesting an accumulation of mud and water and the defendant's failure to provide janitorial services. On appeal, the Appellate Division reversed Special Term's order, reinstating the original jury verdict, concluding that the jury's finding was not against the weight of the evidence given the conflicting testimony presented at trial.

NegligencePremises LiabilitySlip and FallJury VerdictWeight of EvidenceAppellate ReviewNew Trial Order ReversedSchool CafeteriaChatham Central School DistrictColumbia County
References
3
Case No. MISSING
Regular Panel Decision

Vodopia v. Rider

The court reviewed an order granting the examination of defendant Joseph Flynn before trial. The order was modified in two key areas. Firstly, item (b) of the first ordering paragraph was amended to specify the defendants' actions related to removing the plaintiff's employees from work on contracts around May 18, 1936, and the subsequent refusal to allow union members to continue work. Secondly, the second ordering paragraph was modified to direct Joseph Flynn to produce all relevant records, minute books, and documents pertaining to the removal of workmen or work suspension on plaintiff's contracts in May 1936 at the Coney Island Sewage Treatment Plant, and any acts preventing union employment. As modified, the order was affirmed without costs by Justices Lazansky, P. J., Hagarty, Davis, Johnston, and Close.

Examination Before TrialPre-trial DiscoveryOrder ModificationAffirmed OrderLabor DisputeEmployee RemovalWork StoppageRecord ProductionUnion EmploymentContract Disputes
References
0
Case No. MISSING
Regular Panel Decision

Galvin v. National Biscuit Co.

This is an appeal from an order denying the defendant's motion to vacate a notice of examination before trial. The court unanimously affirmed the order, with twenty dollars in costs and disbursements. The decision explicitly states "No opinion" on the merits of the case. The date for the examination to proceed is to be determined and fixed in a subsequent order. This order will be settled on notice.

Examination Before TrialMotion to VacateOrder AffirmedCosts and DisbursementsPre-trial Discovery
References
0
Case No. ADJ9841623
Regular
Nov 04, 2016

JERRY RAMOS MELCHOR vs. ROLLINS, dba ORKIN LLC, SEDGWICK

Defendant Orkin LLC sought removal of a WCJ's order for an additional Qualified Medical Examiner (QME) panel in orthopedics. The Appeals Board granted removal because the WCJ's decision was not based on admitted evidence in the record. The WCJ improperly issued the panel without a trial despite defendant's objection. The Board rescinded the order and returned the matter to the trial level for further proceedings, emphasizing that submitted documents must be admitted into evidence.

References
6
Case No. ADJ7191038
Regular
Oct 06, 2015

ROBERTO CUEVAS vs. MODERN METHOD ROOFING, INC., MAJESTIC INSURANCE

The Workers' Compensation Appeals Board dismissed a lien claimant's Petition for Reconsideration and denied their Petition for Removal. The WCJ had continued a trial to allow the defendant, who repeatedly failed to appear, to submit an amended pre-trial conference statement. The Board found the WCJ's order to be an interlocutory procedural decision, not a final order, thus making reconsideration improper. Removal was denied as the lien claimant failed to demonstrate irreparable harm.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantMinute OrderContinue TrialAmended Pre-trial Conference StatementReopen DiscoveryFinal OrderInterlocutory Order
References
6
Case No. ADJ7775067
Regular
Nov 01, 2012

SENEL ACOSTA vs. CREATIVE WATERWAYS, INC., YORK INSURANCE SERVICES GROUP, INC.

The Appeals Board granted the defendant's Petition for Removal to rescind an order directing a panel Qualified Medical Evaluator (QME) in psychiatry. The Board found that the workers' compensation judge erred by ordering further medical record development before the case was tried or submitted. It is premature to mandate a psychiatric QME before establishing deficiencies in existing medical opinions and without trial evidence. The case is returned to the trial level for further proceedings, including a status conference and potential expedited hearing.

Petition for RemovalOrder Off CalendarPanel QMEMedical Record DevelopmentAgreed Medical EvaluatorMandatory Settlement ConferenceDeclaration of Readiness to ProceedExpedited HearingUtilization ReviewWorkers' Compensation Appeals Board
References
1
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