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Case Law Database

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

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. 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. ADJ16334598
Regular
Oct 13, 2025

ANTHONY REYES vs. XPO LOGISTICS SUPPLY CHAIN, INC.; EVEREST NATIONAL INSURANCE

Applicant Anthony Reyes filed a petition for removal challenging an order by the workers' compensation administrative law judge (WCJ) that took the matter off calendar. The WCAB granted removal, determining that the WCJ's order violated the parties' right to due process by failing to create a record or explain the deferral of the additional panels issue, thus constituting irreparable harm. As a Decision After Removal, the Appeals Board rescinded the April 24, 2025, order taking the matter off calendar and returned the case to the trial level to establish a proper record. The Board explicitly stated it made no judgment on the merits of additional panels at this stage due to the lack of a formal record.

Petition for RemovalOrder Taking Matter Off CalendarAdditional PanelsDue Process ViolationIrreparable HarmSubstantial PrejudiceRecord CreationTrial LevelWorkers' Compensation Appeals BoardRescind Order
References
6
Case No. ADJ8041070
Regular
Aug 20, 2014

JUANA MONROY vs. GATE GOURMET INC., TRAVELERS, XL SPECIALTY INSURANCE COMPANY

The Appeals Board denied Travelers' Petition for Removal, which sought to reverse an order taking the case off calendar. The Board found that placing the matter off calendar would not cause substantial prejudice to Travelers. However, due to a genuine issue regarding injury arising out of and occurring in the course of employment (AOE/COE), the Board ordered bifurcation of that issue. The case will be reset for a priority conference, and if the AOE/COE issue is not resolved, it will proceed to trial on that specific matter.

Petition for RemovalOff Calendar OrderAOE-COEBifurcationAgreed Medical EvaluatorWCJ Report and RecommendationSubstantial PrejudiceIrreparable HarmPriority Conference CalendarPretrial Conference Statement
References
0
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. ADJ10459640
Regular
Dec 01, 2019

Antonio Venegas vs. Baron HR Staffing, Kruse and Sons, Inc.

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding an order that had taken the case off calendar. The applicant argued the removal order deprived him of due process, as joining additional parties was not necessary for trial. The Board found that while joining parties might be necessary, taking the case off calendar hindered the system's purpose of prompt benefit payment. The matter is returned to the trial level for placement back on calendar, with a status conference suggested if delays are needed for joinder.

Petition for RemovalDecision After RemovalJoint and Several LiabilityGeneral and Special EmploymentDue ProcessExpedited HearingPriority ConferenceLabor Code Section 3602(d)Insurance Code Section 11663Off Calendar
References
8
Case No. ADJ18157692
Regular
Oct 22, 2025

ROLANDO GARCIA vs. HOLLENBECK PALMS, ATHENS ADMINISTRATORS

Applicant filed a petition for removal from an order taking the matter off calendar, contending that the issue of striking the qualified medical evaluator (QME) was ripe for adjudication. The Workers' Compensation Appeals Board (WCAB) granted removal, finding that the WCJ's order violated due process by being issued without creating a record or explaining the need for further development. As a decision after removal, the WCAB rescinded the August 12, 2025 order and returned the matter to the trial level to create a proper record, emphasizing the due process rights of all parties, including the QME, in such proceedings.

Petition for RemovalQualified Medical Evaluator (QME)Striking QMEAdmissibility of ReportsLabor Code Section 4628Due ProcessIrreparable HarmSubstantial PrejudiceMedical-Legal ExpensesPhysician's Liability
References
26
Case No. ADJ13111007
Regular
Oct 13, 2025

CHARLES MISERENDINO vs. CLUB DEMONSTRATION SERVICES, INC.; QBE SPECIALTY INSURANCE

Applicant filed a petition for removal from an order taking the matter off calendar, issued on September 10, 2024, by the WCJ. Applicant contended that the issue of additional panels was ripe for adjudication. The Appeals Board granted removal, finding that the WCJ's order violated due process by being issued without creating a record or explaining the need for further development, thus constituting irreparable harm. Consequently, the Board rescinded the September 10, 2024 order and returned the matter to the trial level to create a record, refraining from making a judgment on the warrant for additional panels without a formal record.

Petition for RemovalOrder Taking Matter Off CalendarAdjudicationDue Process ViolationIrreparable HarmSubstantial PrejudiceWCJ ReportRescind OrderReturn to Trial LevelCreate Record
References
6
Case No. ADJ8051978
Regular
Jan 26, 2016

LUISA LOPEZ vs. SAN JOAQUIN COUNTY

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal regarding an order taking the matter off calendar. The defendant argued that the applicant lacked medical evidence of new and further disability to support re-examinations with medical evaluators. The Board found the defendant failed to demonstrate significant prejudice or irreparable harm absent removal. Therefore, the petition was denied, and the WCJ's decision to take the case off calendar was upheld.

Petition for RemovalOff Calendar OrderNew and Further DisabilityRe-examinationAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Stipulations with Request for AwardWCJWCABIrreparable Harm
References
2
Case No. ADJ8845585
Regular
Oct 09, 2025

WESLEY RENTFROW vs. COUNTY OF MERCED, PEGASUS RISK MANAGEMENT

Defendant, County of Merced, filed a petition for removal from an order taking the matter off calendar, contending further discovery was unnecessary. The Workers' Compensation Appeals Board (WCAB) considered the petition, the applicant's answer, and the WCJ's report, ultimately denying removal. The WCAB stated that removal is an extraordinary remedy and found no showing of substantial prejudice or irreparable harm. Furthermore, the Board noted the issue appeared moot as the defendant had not taken steps to place the matter back on calendar in the three years since filing the petition.

Petition for RemovalOff Calendar OrderWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationMoot IssueDeclaration of Readiness to ProceedCOBRA PremiumsAdjudication Number
References
2
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