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

Case No. ADJ15400555
Regular
Oct 10, 2025

MA LUISA OLIVARES vs. WINDSOR PALMS CARE CENTER, STARSTONE NATIONAL INSURANCE COMPANY, CANNON COCHRAN MANAGEMENT SERVICES, INC.

Defendant filed a petition for removal against a workers' compensation administrative law judge's (WCJ) orders from May 9, 2024, which took the matter off calendar and appeared to consolidate cases. The Appeals Board determined that the WCJ's orders, issued without creating a proper record or providing adequate notice for consolidation, constituted irreparable harm and violated the parties' right to due process. Consequently, the Board granted the petition for removal and rescinded the May 9, 2024 Minute Orders. The case was then returned to the trial level for further proceedings, emphasizing the necessity of creating a proper record to support any future orders.

Petition for RemovalOrder Taking Matter Off CalendarConsolidationDiscoveryDue Process ViolationIrreparable HarmSubstantial EvidenceRecord DevelopmentNotice and Opportunity to be HeardOrder of Consolidation
References
Case No. ADJ9261053
Regular
Sep 28, 2018

SETHER MORALES DE GARCIA vs. CLARCOR AIR FILTRATION PRODUCTS, TRAVELERS INSURANCE

This case involves a Petition for Removal filed by Mesa Pharmacy concerning a lien claim for compounded medications. The Workers' Compensation Appeals Board (WCAB) denied removal because the petitioner failed to demonstrate substantial prejudice or irreparable harm, as required for this extraordinary remedy. The WCAB upheld the Workers' Compensation Judge's decision to vacate submission, aligning with a prior consolidation order from another judge for all Mesa Pharmacy liens. Petitioner's rights are protected by the consolidated proceedings, making reconsideration an adequate remedy.

Petition for RemovalWorkers' Compensation Appeals BoardWCJsubstantial prejudiceirreparable harmreconsiderationOrder Approving Compromise and Releaselien claimantcompounded medicationsNotice Flagging Lien Claimants
References
Case No. SAU10030321
Regular
Oct 08, 2019

BRIAN DUARTE vs. ALL ABOUT PAINT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Brian Duarte's petition for reconsideration because it was not filed from a "final" order, decision, or award. A final order must determine a substantive right or liability, or a fundamental threshold issue, not interlocutory procedural or evidentiary matters. The WCJ's order consolidating cases, designating a master file, staying liens, and noticing a hearing was deemed an interlocutory procedural order and therefore not subject to reconsideration.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityThreshold IssueInterlocutory OrderProcedural DecisionEvidentiary DecisionOrder of ConsolidationDesignation of Master File
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. ADJ2975271 (OXN 0141978)
Regular
Feb 09, 2018

BAUDELIO CHAVARRIA vs. AMERICAN LANDSCAPE, INC., BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted a petition for removal, rescinding a July 1, 2015, order that stayed proceedings on lien claims filed by Landmark Medical Management. This rescission was based on a conflict with a prior, overarching stay order issued on May 14, 2015, in a consolidated matter. The Board found that the earlier stay order takes precedence and ordered this matter consolidated with the previously stayed cases pending before WCJ Devine.

Petition for RemovalSupplemental Minute OrderLien ClaimsCriminal IndictmentsCivil ComplaintConflicting Stay OrderPrior Stay OrderRescindedAppeals BoardConsolidation
References
Case No. ADJ8279903
Regular
Nov 30, 2015

NIEVES ORTIZ vs. JH DESIGN GROUP, THE HARTFORD

Lien claimants sought reconsideration of an administrative law judge's order consolidating and staying their liens, alleging due process violations. The Workers' Compensation Appeals Board dismissed their Petition for Reconsideration because the order was interlocutory and not a final determination of substantive rights. The Board also denied their Petition for Removal, adopting the reasoning of the administrative law judge's report. The decision clarifies that interlocutory procedural orders, like consolidation, are not subject to reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalLien ClaimantsOrder of ConsolidationStay of LiensDue ProcessInterlocutory OrderFinal OrderSubstantive Right
References
Case No. ADJ8944738, ADJ8028796, ADJ8030015
Regular
Jan 21, 2014

MANUEL GODOY vs. CARGILL BEEF PACKERS, SEDGWICK CLAIMS MANAGEMENT SERVICES, Zenith Insurance Company, Lamanuzzi and Pantaleo

The Appeals Board granted petitions for removal by defendants Cargill Beef Packers and Zenith Insurance Company, rescinding a prior order consolidating three workers' compensation cases. Consolidation was deemed premature due to significant prejudice and potential trial delay, particularly concerning Zenith's pending statute of limitations and post-termination defenses. The Board ordered the January 30, 2014 priority hearing in Zenith's case to proceed as scheduled. Future consolidation considerations will require notice to all parties.

Petition for RemovalConsolidation OrderPrejudiceTrial DelayCumulative TraumaSpecific InjuryAgreed Medical ExaminersAOE/COE TrialStatute of Limitations DefensePost-Termination Defense
References
Case No. ADJ6966334
Regular
Jan 12, 2012

WALTER CADENA vs. UNITED CARRIER, APPLIED RISK SERVICES

Lien claimants sought reconsideration of an order compelling a deposition, arguing it violated a prior consolidation order. The Board dismissed the reconsideration petition as the Minute Order was not a final decision. However, the Board granted removal to allow Associate Chief Judge Kahn to clarify if his prior consolidation order applied to the deposition. The deposition order is suspended pending ACJ Kahn's review and advisement within 20 days.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder of Consolidation for DiscoveryAdministrative Law JudgeAssociate Chief JudgeMinute OrderDepositionLien ClaimantsDiscovery Matters
References
Case No. ADJ8050106 ADJ9468937 ADJ9154032
Regular
Nov 03, 2018

ANTONIO VAZQUEZ vs. CARSON TRAILERS, AMTRUST NORTH AMERICA

The Appeals Board dismissed the petition for reconsideration because it was taken from an interlocutory procedural order, not a final decision. The Board also denied the petition for removal, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision issues. The order pertains to multiple cases involving Antonio Vazquez and Carson Trailers. The WCJ's order directing the use of a specific bill reviewer was deemed an evidentiary/procedural matter.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderEvidentiary OrderProcedural OrderSubstantive RightThreshold IssueExtraordinary Remedy
References
Case No. SAU8813471
Regular
Feb 07, 2023

KIMBERLY KENNEY vs. SEGUOYAH, INC., FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board denied a lien claimant's petition for removal of an order consolidating liens and imposing a temporary stay. The consolidation aims to resolve a common legal issue regarding whether the lien claimant is controlled by a criminally charged physician, which would trigger an automatic stay under Labor Code section 4615. The Board found no due process violation, as the order only stays other lien issues pending the common issue's adjudication. Furthermore, the consolidation serves judicial efficiency by avoiding duplicate rulings on this critical threshold matter.

WCABPetition for RemovalOrder of Consolidation and StayLien ClaimantLabor Code section 4615Due ProcessIssue PreclusionConsolidation OrderWCJFarmers Insurance Exchange
References
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