Updated Daily

Case Law Database

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

Case No. RIV 0073693

Regular

Jun 18, 2008

BARBARA BARBULA vs. SUNRISE HEALTHCARE CENTERS, EMPLOYERS INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an administrative law judge's order that required an attorney to personally pay $500 in costs. The WCAB found no evidence in the record of a specific order mandating that attorney's personal appearance, nor that a substitute attorney's appearance constituted a violation. Reconsideration was deemed an adequate remedy, thus the petition for removal was dismissed.

WCABPetition for RemovalPetition for ReconsiderationOrder of CostsAttorney AppearanceWCJ AuthorityLabor Code § 5813Cal. Code Regs.tit. 8§ 10561

References

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

Case No. ADJ7652044

Regular

Feb 23, 2015

Maria Gonzalez vs. Hoosier Plastic Fabrication, Inc., Pacific Compensation Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a WCJ's notice of intention to sanction and dismiss a lien claimant's bill, as well as a personal appearance order. The WCAB found that the lien claimant was not given proper notice or opportunity to address the alleged failure to comply with Business & Professions Code section 22450, which requires professional photocopiers to be registered. The WCAB also determined that ordering the personal appearance of individuals not party to the matter and without proof of service constituted an abuse of discretion. The matter was returned to the WCJ for further proceedings consistent with due process and requiring evidence and legal briefing on the licensing issue.

WCABPetition for RemovalLien ClaimantSanctionsBusiness LicenseBusiness and Professions Code Section 22450Professional PhotocopierDue ProcessWCJHearing Representative

References

Case No. ADJ3609087 (LBO 0392035) ADJ1000696 (LBO 0332475)

Regular

Jul 20, 2017

Katherine Staudt vs. University of California Los Angeles, SEDGWICK CMS

This case involved the dismissal of the applicant's workers' compensation claims by the administrative law judge (WCJ) for failing to personally appear at a mandatory settlement conference. The applicant, represented by counsel who did attend, sought reconsideration, arguing that her attorney's presence satisfied the appearance requirement under Labor Code § 5700. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that while the applicant did not personally appear, her attorney's presence constituted a valid appearance. The WCAB rescinded the dismissal order, emphasizing the legal preference for hearings on the merits over dismissals.

WCABPetition for ReconsiderationOrder Dismissing CaseMandatory Settlement ConferenceApplicant's AppearanceAttorney AppearanceLabor Code Section 5700Section 5404.5Compulsory AppearanceNotice of Intent to Dismiss

References

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

Case No. ADJ3214364 (LBO 0326787)

Regular

Jun 04, 2014

PERNANDO VILLEGAS vs. WOODS EQUIPMENT COMPANY, ST. PAUL INSURANCE CO., FREMONT INDEMNITY CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

In this workers' compensation case, lien claimant David S. Nicol, D.C. petitioned for removal, challenging a WCJ's order to continue the matter to a lien conference and appear personally. However, the parties subsequently filed a Pretrial Conference Statement and the case was continued to a lien trial, with Nicol failing to appear. As Nicol did not object to venue or the order for his appearance at the time, his petition for removal is now moot. The Appeals Board dismissed the petition as moot because the issues raised had been resolved or waived.

Petition for RemovalLien claimantWorkers' Compensation Appeals BoardWCJLien conferenceLien trialVenueMootDismissedPretrial Conference Statement

References

Case No. ADJ6914901, ADJ3554819 (GRO 0003162), ADJ1000021 (GRO 0002782)

Regular

Mar 07, 2016

OSIEL GARZA vs. COUNTY OF TULARE, CORVEL

The WCAB granted the employer's petition for removal, reversing a prior order that required claims handlers to appear at a status conference. The Board found the mandatory appearance of claims handlers from out of the local area to be burdensome and costly, causing substantial prejudice. While affirming the general order to rescind a previous award, the WCAB amended it to remove the personal appearance requirement for the claims handlers. This decision emphasizes that defense counsel's presence and a claims handler's availability by phone generally suffice for such conferences.

Workers' Compensation Appeals BoardPetition for RemovalDecision After RemovalOrder Rescinding Findings of FactAwardand OrdersCounty of TulareCorvelState Compensation Insurance FundWCJ

References

Case No. ADJ1368704

Regular

Nov 18, 2013

ROSA RODRIGUEZ vs. THE VONS COMPANIES, INC.

The lien claimant, South Lake Medical Center, sought removal, arguing that the WCJ wrongly ordered a trial without serving settlement documents and unjustly compelled the appearance of Dr. Collins, South Lake's owner. The Appeals Board granted removal, rescinding the order for Dr. Collins' personal appearance, citing potential prejudice and the availability of less disruptive discovery methods. However, the Board affirmed the trial date, cautioning that South Lake could face sanctions if its lien claim is unsupported. This decision clarifies that physicians are not automatically subject to compelled trial appearances absent good cause and proper discovery procedures.

Petition for RemovalDue ProcessSettlement DocumentsMedical ReportsCompromise and ReleaseDeclaration of Readiness to ProceedLien ConferenceLien TrialWCJ OrderPrejudice

References

Case No. ADJ6463173

Regular

Feb 13, 2015

Salvador Orozco vs. Golden Wheel Corporation, Pacific Compensation Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order from a WCJ that sanctioned a lien claimant and ordered personal appearances from its representatives. The WCAB found that the WCJ abused his discretion by issuing sanctions and appearance orders without affording the lien claimant proper due process and notice. Specifically, the lien claimant was not adequately notified that its compliance with Business & Professions Code section 22450 regarding photocopier licensing would be litigated and result in sanctions. The case is returned to the WCJ for further proceedings consistent with due process, allowing for evidence and legal briefing on the licensing issue.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationPetition for RemovalNotice of Intention to SanctionWCJMonetary SanctionsBusiness LicenseBusiness and Professions Code Section 22450Due Process

References

Case No. ADJ8639697, ADJ8585911

Regular

May 17, 2018

BRIGIDA PEREZ vs. LOVIN OVEN, THE TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a dismissal order for a lien claimant's failure to appear at a lien conference. The lien claimant sought relief under Code of Civil Procedure section 473, claiming excusable neglect due to a mis-calendared hearing date. The WCAB found the lien claimant's petition lacked sufficient detail to establish excusable mistake. The WCAB will affirm the dismissal unless the lien claimant provides a sworn declaration from a person with personal knowledge detailing the facts of the excusable mistake.

Lien claimantPetition for ReconsiderationExcusable neglectCode of Civil Procedure section 473Mis-calendaredSworn declarationPersonal knowledgeWCJDismissal with prejudiceFox v. Workers' Comp. Appeals Bd.

References

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Updated Daily

Case Law Database

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

Case No. RIV 0073693

Regular

Jun 18, 2008

BARBARA BARBULA vs. SUNRISE HEALTHCARE CENTERS, EMPLOYERS INSURANCE GROUP

WCABPetition for RemovalPetition for ReconsiderationOrder of CostsAttorney AppearanceWCJ AuthorityLabor Code § 5813Cal. Code Regs.tit. 8§ 10561

References

Case No. ADJ7035398

Regular

Mar 10, 2010

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

References

Case No. ADJ7652044

Regular

Feb 23, 2015

Maria Gonzalez vs. Hoosier Plastic Fabrication, Inc., Pacific Compensation Insurance Company

WCABPetition for RemovalLien ClaimantSanctionsBusiness LicenseBusiness and Professions Code Section 22450Professional PhotocopierDue ProcessWCJHearing Representative

References

Case No. ADJ3609087 (LBO 0392035) ADJ1000696 (LBO 0332475)

Regular

Jul 20, 2017

Katherine Staudt vs. University of California Los Angeles, SEDGWICK CMS

References

Case No. ADJ4522242 (VNO 0452421) ADJ522765 (VNO 0452422)

Regular

May 26, 2011

PAUL ALLGOOD vs. COUNTY OF LOS ANGELES

Lien ClaimantPetition for ReconsiderationPetition for RemovalWCJ OrderDr. Scott BadenGood CauseMedical WitnessDirect ExaminationWritten ReportsBoard Rule 10606

References

Case No. ADJ3214364 (LBO 0326787)

Regular

Jun 04, 2014

PERNANDO VILLEGAS vs. WOODS EQUIPMENT COMPANY, ST. PAUL INSURANCE CO., FREMONT INDEMNITY CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

Petition for RemovalLien claimantWorkers' Compensation Appeals BoardWCJLien conferenceLien trialVenueMootDismissedPretrial Conference Statement

References

Case No. ADJ6914901, ADJ3554819 (GRO 0003162), ADJ1000021 (GRO 0002782)

Regular

Mar 07, 2016

OSIEL GARZA vs. COUNTY OF TULARE, CORVEL

Workers' Compensation Appeals BoardPetition for RemovalDecision After RemovalOrder Rescinding Findings of FactAwardand OrdersCounty of TulareCorvelState Compensation Insurance FundWCJ

References

Case No. ADJ1368704

Regular

Nov 18, 2013

ROSA RODRIGUEZ vs. THE VONS COMPANIES, INC.

Petition for RemovalDue ProcessSettlement DocumentsMedical ReportsCompromise and ReleaseDeclaration of Readiness to ProceedLien ConferenceLien TrialWCJ OrderPrejudice

References

Case No. ADJ6463173

Regular

Feb 13, 2015

Salvador Orozco vs. Golden Wheel Corporation, Pacific Compensation Insurance Company

References

Case No. ADJ8639697, ADJ8585911

Regular

May 17, 2018

BRIGIDA PEREZ vs. LOVIN OVEN, THE TRAVELERS INSURANCE COMPANY

References

Showing 1-10 of 25,339 results

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