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

Case No. ADJ4522242 (VNO 0452421) ADJ522765 (VNO 0452422)
Regular
May 26, 2011

PAUL ALLGOOD vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted lien claimant's petition for removal to rescind an Administrative Law Judge's order compelling Dr. Baden's appearance at trial. The Board found no good cause was established for Dr. Baden's direct examination and that the order was not a final, appealable decision. Removal was granted to prevent prejudice to the lien claimant, and the order for Dr. Baden's appearance was rescinded. The Board also dismissed the lien claimant's prior petition for reconsideration.

Lien ClaimantPetition for ReconsiderationPetition for RemovalWCJ OrderDr. Scott BadenGood CauseMedical WitnessDirect ExaminationWritten ReportsBoard Rule 10606
References
11
Case No. ADJ8429633
Regular
Feb 18, 2015

MARINA SANCHEZ vs. PRUDENTIAL OVERALL SUPPLY, TRISTAR RISK MANAGEMENT SERVICES

The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's order for the claims adjuster to appear and explain his unavailability. The Board found the WCJ exceeded his authority by prejudging the case and ordering the appearance punitively. The matter is returned to the trial level, and the Petition for Disqualification was dismissed as moot. The case is to be heard by a different WCJ to avoid the appearance of bias.

Petition for RemovalPetition for DisqualificationWorkers' Compensation Appeals BoardWCJSanctionsThird Party AdministratorCompromise and ReleaseLien ConferenceInjury AOE/COESubstantial Evidence
References
1
Case No. ADJ928027
Regular
Feb 03, 2016

DAVID TRINH vs. TZENG LONG USA, INC., BERKSHIRE HATHAWAY

This case involves the suspension of Mike Traw's privilege to appear before the Workers' Compensation Appeals Board (WCAB) under Labor Code Section 4907. The WCAB issued a Notice of Intention to suspend due to non-payment of sanctions and failure to respond. While Professional Lien Services, Inc. (PLS) sought extensions, neither Traw nor PLS provided a substantive response. Consequently, Traw's appearance privilege is suspended for ninety days due to his failure to comply with the WCAB's orders. Further action against PLS may occur if ordered sanctions remain unpaid.

Labor Code Section 4907Decision After RemovalNotice of IntentionSuspension of PrivilegeProfessional Lien ServicesMike TrawAppeals Board En BancSanction OrderInterference with Judicial ProcessWCAB
References
0
Case No. ADJ7709362
Regular
Dec 05, 2011

Gloria Kudelko vs. UNITED SERVICES AUTOMOBILE ASSOCIATION, HARTFORD INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves a defendant's petition for removal and reassignment of a Workers' Compensation Appeals Board matter. The defendant sought removal of an order from August 9, 2011, which scheduled trial, ordered a claims adjuster to appear, and ordered her to show cause for failing to appear at a prior conference. The Board granted the petition, rescinded the August 9, 2011 order, and returned the case for reassignment to a different WCJ for trial. The Board also stated the current WCJ should proceed with the sanctions issue, allowing the adjuster an opportunity to show good cause for her non-appearance.

Petition for RemovalWCJ SanctionClaims Adjuster AppearanceReassignment WCJMandatory Settlement ConferenceShow Cause OrderIndustrial InjuryWCAB Rule 10453Interlocutory OrderPetition for Reassignment
References
0
Case No. ADJ3113473
Regular
Sep 29, 2014

PAMELA JACKSON vs. WEST COAST SIGNS, GRANITE STATE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior sanctions order, and issued a new order imposing reduced sanctions of $500 against a lien claimant and its representative. The claimant's representative mistakenly believed the applicant's case was resolved based on an outdated EAMS entry, leading to the premature filing of a Declaration of Readiness and subsequent failure to appear at a lien conference. While acknowledging the filing and non-appearance errors, the Board reduced the sanctions from $1,500 to $500, citing the claimant's "honest mistake" in interpreting the EAMS record. The matter was returned to the trial level for further proceedings.

Declaration of ReadinessElectronic Adjudication Management Systemlien claimantSanctions OrderPetition for ReconsiderationWorkers' Compensation Appeals Boardcase in chiefStipulations with Request for AwardPetition to Reopenpermanent disability
References
0
Case No. ADJ430401 (LAO 0856105)
Regular
Feb 21, 2017

JANICE SIMMONS vs. SECURITAS SECURITY SERVICES, USA, INC., SEDGWICK CMS

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration of an order dismissing its lien claim for non-appearance. The dismissal was based on the lien claimant's failure to appear at a lien conference and file an objection. However, the lien claimant argued it was never properly served with the dismissal order. The Board found insufficient proof of service in the record and therefore rescinded the dismissal order. The case is returned to the trial level for the judge to determine if the lien claimant has shown good cause for its non-appearance.

Lien claimantPetition for ReconsiderationOrder Dismissing Lien ClaimNon-AppearanceWCAB Rule 10562Proof of ServiceNotice of RepresentationAdministrative Law JudgeWith PrejudiceObjection
References
0
Case No. ADJ7755681, ADJ7876948
Regular
Sep 15, 2014

JOSEPHINE RODRIGUEZ vs. JUICE HARVEST EVOLUTION FRESH, COMPWEST, INSURANCE COMPANY OF THE WEST, MAJESTIC INSURANCE AND TECHNOLOGY INSURANCE

The Appeals Board granted reconsideration and rescinded a prior order dismissing Dr. Montgomery's lien for non-appearance. The dismissal was based on a failure to appear at a lien conference and insufficient cause for absence, but Dr. Montgomery argued he was never served with the order. Due to the lack of proof of service and Dr. Montgomery's actual knowledge of the order only upon appearing at a later conference, the Board found his petition timely filed and his due process rights violated. The matter is returned to the trial level for a decision on the merits of the lien.

Petition for RemovalPetition for ReconsiderationOrder Dismissing Lien ClaimsNon-Appearance at Lien ConferenceCode of Regulations Section 10562Compromise and ReleaseExcusable NeglectProof of ServiceDue ProcessPetition Untimely
References
4
Case No. ADJ7872929
Regular
Aug 26, 2013

SAMUEL FRANCO vs. JCT COMPANY, INC.; FIRSTCOMP OMAHA, ENDURANCE SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the appealed order was not a final order. However, the WCAB granted the applicant's alternative Petition for Removal, recognizing significant prejudice to the applicant due to the inconvenience and cost of appearing at the Long Beach District Office. Consequently, the WCAB ordered the case transferred to the Van Nuys District Office for venue. The WCAB also cautioned the applicant's attorney regarding the inappropriate filing of a reconsideration petition on a non-final order.

Petition for ReconsiderationRemovalPetition to Change of VenueWCJCumulative Industrial InjuryDelivery DriverLower ExtremitiesBackHipHernia
References
13
Case No. ADJ7035398
Regular
Mar 10, 2010

ANDREW MERLOS vs. COCA COLA ENTERPRISES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Defendant Coca Cola Enterprises petitioned for removal of a WCJ's order requiring an adjuster to appear in person at trial with settlement authority. Defendant argued the adjuster was in Ontario, travel was costly, settlement authority was present at the MSC, and the order denied due process. The Appeals Board granted removal, finding the order would not facilitate settlement and the expense was unjustified given the parties' positions. The Board amended the order to allow the adjuster to appear by telephone with settlement authority.

Workers' Compensation Appeals BoardPetition for RemovalOrder to AppearSettlement AuthorityMandatory Settlement ConferenceDue ProcessQualified Medical EvaluationPermanent DisabilityTrial AppearanceTelephone Appearance
References
0
Case No. ADJ7617012, ADJ8069518
Regular
Jan 08, 2016

MARIANA CASTRO vs. DENTAL MANAGEMENT SERVICE dba SA SOLEIMANI DENTAL CORPORATION, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a stipulation and order to pay a lien claimant. The defendant argued the judge lacked jurisdiction as the lien claimant had been previously dismissed for failing to appear at a conference. The Board found the judge acted in excess of jurisdiction by approving the order while the dismissal order was still in effect. Good cause existed to rescind the order because the lien claimant was properly dismissed and failed to seek rescission before appearing at trial.

Workers Compensation Appeals BoardLien Claimant DismissalPetition for ReconsiderationStipulation and OrderJurisdictionVoidable OrderGood CauseRescissionLabor CodeLien Conference
References
0
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