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

Case No. MISSING
Regular Panel Decision

Jones v. District Attorney's Office of New York

Thomas Jones, currently incarcerated, filed an Article 78 proceeding to vacate the denial of his FOIL request by the District Attorney’s Office of the County of New York (DANY). Jones sought a trial verdict sheet from his 2000 conviction for conspiracy and assault. DANY denied the request, stating Judiciary Law § 255, which Jones cited, applies only to court clerks, not district attorneys. The court affirmed DANY's denial, ruling that district attorneys are not clerks of the court, and also found Jones's claims to be time-barred under the four-month statute of limitations for Article 78 proceedings. The petition was consequently denied and dismissed with prejudice.

FOIL RequestVerdict SheetArticle 78 ProceedingStatute of LimitationsDistrict AttorneyCourt ClerkJudiciary LawPenal LawCriminal ConspiracyAssault
References
3
Case No. ADJ9258192 (Van Nuys District Office) ADJ1460512 (NOR 0187897) (Los Angeles District Office) ADJ3082172 (MON 0248019) (Marina del Rey District Office)
Regular
Jul 10, 2015

THOMAS SENCZAKIEWICZ vs. BOEING COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

In this workers' compensation case, the Applicant Thomas Senczakiewicz sought reconsideration of a decision. The Workers' Compensation Appeals Board (WCAB) has granted reconsideration to allow further study of the factual and legal issues involved. This means the previous decision is vacated, and the WCAB will review the case further to issue a just decision. All future correspondence related to the petition must be filed directly with the WCAB's Commissioners' office in San Francisco.

Workers' Compensation Appeals BoardPetition for ReconsiderationStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the CommissionersElectronic Adjudication Management System (EAMS)Trial Level DocumentsProposed Settlement
References
0
Case No. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
1
Case No. ADJ9316587
Regular
May 13, 2014

TORI BLEVINS vs. ELIZABETH J. TILLEY, STATE FARM INSURANCE COMPANY

This case concerns applicant Tori Blevins' petition to change venue from the San Luis Obispo District Office to the Santa Barbara satellite office. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming the administrative law judge's decision. The WCAB concluded that only "district offices," not "satellite offices," are considered for venue determination under Labor Code section 5501.5. This distinction is based on the full staffing, extensive facilities, and daily operations of district offices, contrasting with the limited resources of satellite offices. The WCAB found no basis to overturn the administrative construction that Santa Barbara's office is a satellite, not a district, office.

Petition for RemovalVenueDistrict OfficeSatellite OfficeWorkers' Compensation Appeals BoardLabor Code Section 5501.5Department of Workers' CompensationAdministrative ConstructionContemporaneous Administrative ConstructionDWC Newsline
References
4
Case No. ADJ6883950
Regular
Mar 20, 2014

JOYCE FOX vs. CASA NAOMI, FIRSTCOMP dba MARKET INSURANCE SERVICES

This case concerns an applicant's Petition for Removal regarding the transfer of a mandatory settlement conference (MSC) from the Goleta/Santa Barbara district office to the Oxnard district office. The Workers' Compensation Appeals Board (WCAB) denied the petition, citing the Division of Workers' Compensation's (DWC) budgetary constraints and its authority to calendar hearings at different locations due to limited space. The WCAB found that the transfer was a necessary administrative measure to address overcrowding and that it did not constitute significant prejudice or irreparable harm. The decision emphasizes the WCAB's inherent power to control its calendars and proceedings, even without a formal change of venue order, as long as parties are properly notified.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationWCJ ReportBudgetary ConstraintsCourtCallMandatory Settlement ConferenceVenueInherent PowersCalendar Control
References
3
Case No. ADJ9316586
Regular
Apr 25, 2014

JANET BLACKBURN, JANET LEE BLACKBURN vs. FRENCH HOSPITAL, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied removal in *Blackburn v. French Hospital*, upholding the Administrative Law Judge's (ALJ) decision to deny a change of venue. The WCAB deferred to the Division of Workers' Compensation's (DWC) distinction between "district offices" and "satellite offices" for venue purposes. This distinction is based on the operational capacity and staffing of these offices, with only district offices being considered for venue under Labor Code section 5501.5. The WCAB found the Santa Barbara office to be a satellite facility, not a district office, and therefore not a basis for changing venue.

Petition for RemovalVenueDistrict OfficeSatellite OfficeLabor Code Section 5501.5Administrative ConstructionContemporaneous ConstructionDeferenceStatutory InterpretationWorkers' Compensation Appeals Board
References
8
Case No. ADJ7965787
Regular
Mar 20, 2014

JOHN ORTEGA vs. MONTEABARO MASONRY, YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal, which sought to hold hearings in Santa Barbara instead of Oxnard. The WCAB cited insufficient space in the Santa Barbara district office following the closure of the Goleta office as the reason for the temporary relocation to Oxnard. The Board emphasized its statutory authority and inherent power to manage its calendars and facilities based on available resources, noting that venue is not jurisdictional. Applicants facing travel burdens can utilize telephone appearances via CourtCall.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationWCAB Rule 10770.1VenueCourtCallMandatory Settlement ConferenceAdministrative Law JudgeMedical Treatment Lien ConferenceCase Number ADJ7965787
References
5
Case No. ADJ1622633 (VEN 0115623)
Regular
May 15, 2012

SALVADOR CONTRERAS vs. M&C FARM LABOR, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE PASADENA, PAULA INSURANCE

This case involves Salvador Contreras's petition to reopen his workers' compensation claim for new and further disability. The original claim was venued in Ventura/Oxnard, but Contreras filed his reopen petition in Los Angeles. The WCJ denied the petition based on former WCAB Rule 10390, which required filing in the proper district office and did not excuse non-compliance for filing in an incorrect office. The Court of Appeal, however, reversed this decision, holding that current WCAB Rule 10397, which allows filing in any office, applied as a procedural change. The Court also found that even under former Rule 10390, Contreras demonstrated excusable neglect, thus compelling the WCAB to grant reconsideration and return the case for a decision on the merits.

RemittiturPetition to ReopenStatute of LimitationsLabor Code 5410Labor Code 5804WCAB Rule 10390WCAB Rule 10397Excusable NeglectNew and Further DisabilityCourt of Appeal
References
12
Case No. ADJ7722509
Regular
Jul 29, 2014

MORENA ARTIGA vs. SAN MATEO COUNTY TRANSIT DISTRICT

The Workers' Compensation Appeals Board (WCAB) has granted the defendant's petition for reconsideration of a prior decision. This action is taken to allow the WCAB further opportunity to thoroughly review the factual and legal issues presented. The purpose of this reconsideration is to ensure a complete understanding of the record for a just and reasoned decision. All future filings related to this case must be submitted in writing to the WCAB Commissioners' office, not to any district office or via e-filing.

Workers' Compensation Appeals BoardReconsideration GrantedSan Mateo County Transit DistrictPetition for ReconsiderationFactual and Legal IssuesDecision After ReconsiderationElectronic Adjudication Management SystemWCABADJ7722509Morena Artiga
References
0
Case No. ADJ2419784 (LBO 0367096) ADJ2075423 (LBO 0367097) ADJ2337471 (LBO 0367098)
Regular
Nov 12, 2014

ANTHONY DE FAZIO vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior Joint Findings and Award. The WCAB found it necessary to further study the factual and legal issues to ensure a just and reasoned decision. Pending the decision after reconsideration, all future communications must be filed in writing with the WCAB Commissioners' office, not district offices or via e-filing.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationGRANTINGJoint Findings and Award and Orderstatutory time constraintsfactual and legal issuesDecision After Reconsiderationfurther proceedingsOffice of the CommissionersElectronic Adjudication Management System
References
0
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