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

Case No. ADJ9060378
Regular
Apr 21, 2014

MELISSA OVERTON vs. THE PAPER BAG PRINCESS, HARTFORD INSURANCE COMPANY

This case concerns a dispute over applicant Melissa Overton's deposition, specifically regarding the presence of an employer representative and videotaping. A WCJ vacated a prior submission order to compel a psychiatric evaluation to assess the applicant's fitness for deposition under those conditions. The defendant sought removal, arguing the WCJ erred in vacating submission and ordering further discovery. The Appeals Board granted removal, rescinded the WCJ's order and submission order, and returned the case for reassignment to a new WCJ to resolve the discovery dispute.

Petition for RemovalOrder Vacating SubmissionFurther DiscoveryProtective OrdersDeposition LocationEmployer RepresentativePsychiatric EvaluationIndustrial InjuryCumulative TraumaWCJ Reassignment
References
Case No. ADJ1804697
Regular
Nov 28, 2012

LETICIA CHIAS vs. GRILL CONCEPTS, INTERCARE INSURANCE SERVICES/CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PACIFIC NATIONAL in liquidation

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Removal because it was unverified, violating WCAB Rule 10843(b). The defendant sought to rescind an order vacating submission due to a bill review dispute, arguing against the cost of an additional reviewer. The WCAB also noted a failure to include the attorney's state bar number. While dismissing the petition, the WCAB indicated that, had they reached the merits, the case would likely have been returned for decision on the existing record.

Petition for RemovalOrder Vacating Order of SubmissionOrder Taking Off CalendarOrder of SubmissionBill ReviewIndependent Bill ReviewerCalifornia Insurance Guaranty AssociationCIGAWCAB Rule 10843(b)Verification
References
Case No. LBO 0384614
Regular
Jan 23, 2008

CAROLINA SALES vs. ROSS STORES, INC. and XL SPECIALTY INSURANCE, MJO STAFFING and AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order vacating a Compromise and Release (C&R). The Board then granted reconsideration on its own motion to rescind the original C&R approval. This action affirmed the WCJ's decision to vacate the C&R, effectively returning the parties to their pre-settlement status, due to the applicant's expressed confusion and potential lack of full understanding of the agreement's terms.

Compromise and ReleasePetition for ReconsiderationOrder VacatingFinal OrderLabor Code Section 5900Good CauseUnverified PetitionIndustrial InjuryApplicant's UnderstandingWCJ Discretion
References
Case No. ADJ9496892
Regular
Sep 15, 2025

JUNE JONES vs. CALIFORNIA SPECIAL PATROL, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Applicant's attorney sought reconsideration of an Order Rescinding Submission, Order Vacating Finding and Order, and Order to Develop the Record dated June 27, 2025, arguing further record development was unnecessary. The Workers' Compensation Judge (WCJ) recommended dismissal of the reconsideration petition and denial if treated as a petition for removal. The Appeals Board timely acted on the petition but noted issues with notice of transmission to the parties. They dismissed the petition for reconsideration, deeming the underlying order non-final, and denied the petition for removal, finding no substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Rescinding SubmissionFindings and OrderLabor Code section 5909Transmission of CaseElectronic Adjudication Management SystemNotice of TransmissionFinal Order
References
Case No. ADJ892953 (LAO 0863530) ADJ4178497 (POM 0234792)
Regular
Jul 02, 2012

FELICIDAD MCINTOSH vs. GOLDEN STATE FOODS, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was filed against a non-final order vacating the Order of Submission. The WCAB also denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm. The WCJ vacated the submission to allow for the development of the record regarding apportionment, which was inadequately addressed in the agreed medical examiner reports. The WCAB clarified that reconsideration is only available for final orders, and removal is an extraordinary remedy reserved for cases demonstrating substantial prejudice or irreparable injury.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Vacating Order of SubmissionAgreed Medical Evaluator (AME)CausationApportionmentBurden of ProofFinal OrderSubstantive Rights
References
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
Case No. ADJ2775636 (FRE 0205945)
Regular
Oct 14, 2010

KAREN MORRIS vs. TEXAS INSTRUMENTS/SILICON SYSTEMS, AMERICAN CASUALTY COMPANY Administered By CNA CLAIMS PLUS

The defendant sought reconsideration of an order that vacated submission and appointed an IME, arguing discovery was complete. The Appeals Board dismissed the petition for reconsideration, finding the order was procedural and not a final determination. However, the Board granted removal and rescinded the order, recognizing the WCJ's admission of error. The case is returned to the trial level for further proceedings and a new decision.

Workers' Compensation Appeals BoardReconsiderationOrder Vacating SubmissionMedical-Legal ExaminationLabor Code §5701Independent Medical EvaluatorQualified Medical EvaluatorPetition for ReconsiderationRemovalInterlocutory Order
References
Case No. ADJ4125031
Regular
Nov 02, 2015

JUDY WRIGHT vs. WASHINGTON MUTUAL, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration, holding that interlocutory procedural orders, like the order vacating submission, are not final decisions subject to reconsideration. The Board also denied the defendant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm. The WCJ's order to have the Agreed Medical Examiner comment on post-surgery status remains in effect. The matter will return to the WCJ for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Vacating SubmissionAgreed Medical ExaminerPermanent ImpairmentSpinal Fusion Surgery1997 Schedule for Rating Permanent Disability2005 ScheduleDue Process
References
Case No. ADJ10831597
Regular
Jan 07, 2020

JENNIFER SALEY vs. TECHNICOLOR USA, INC.; ACE USA administered by TRISTAR

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration and denied their Petition for Removal. The Board found that the Administrative Law Judge's order vacating submission and ordering further record development was an interlocutory procedural order, not a final one subject to reconsideration. They also rejected the defendant's argument that the applicant's withdrawal of a psychiatric claim barred proof of physical injury aggravation from stress. Finally, the Board concluded no significant prejudice or irreparable harm would result from denying removal.

Order Vacating SubmissionPetition for ReconsiderationPetition for RemovalPsychiatric InjuryColitisAgreed Medical EvaluatorQualified Medical EvaluatorPrimary Treating PhysicianInflammatory Bowel DiseaseCausation
References
Case No. ADJ6800117
Regular
Oct 30, 2013

JUANITA LUCAS vs. WALGREENS DISTRIBUTION CENTER, SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a petition for reconsideration of an order vacating a Compromise and Release. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was not taken from a "final" order that determined substantive rights. The WCAB also denied removal, finding no showing of substantial prejudice or irreparable harm. However, the WCAB noted that the administrative law judge should have set the matter for a conference to determine good cause to set aside the order rather than vacating it directly.

Petition for ReconsiderationRemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityOrder Approving Compromise and ReleasePetition to Set Aside Compromise and ReleaseVacating OrderLabor Code §5900
References
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