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

Case No. ADJ15495436
Regular
Feb 18, 2025

Calvin Grigsby vs. Grigsby and Associates, State Farm Fire and Casualty Company

The Workers' Compensation Appeals Board considered two petitions from the applicant, Calvin Grigsby: a December 9, 2024 Petition for Reconsideration and/or Removal, and a December 24, 2024 Petition for Removal. The Board dismissed the reconsideration aspect of the December 9th petition as it pertained to non-final orders and denied removal, finding no demonstration of irreparable harm. The subsequent December 24th petition was also dismissed as it challenged the same December 4, 2024 orders. The Board also noted the applicant's failure to comply with page limits for the petition.

Petition for ReconsiderationPetition for RemovalNonfinal OrdersLabor Code Section 5909Electronic Adjudication Management SystemFinal OrderInterlocutory DecisionsSubstantial PrejudiceIrreparable HarmSupplemental Pleadings
References
15
Case No. SFO 0489072
Regular
Apr 28, 2008

Joseph Royse vs. Heartworks Studios, LLC, DC3-E, LLLP, Lexington Insurance Company

The Workers' Compensation Appeals Board denied the applicant's petition to remove the stay on proceedings against co-defendants Heartworks Studios and DC3-E, affirming the WCJ's decision. However, the Board granted Lexington Insurance Company's petition to remove the applicant's dismissal of Lexington and Esther Phelps, reversing that order and reinstating Lexington as a party due to its admitted liability and significant benefit payments. The Board also dismissed Lexington's petition for reconsideration as the dismissal order was not final.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationPriority ConferenceStay of ProceedingsSuperior Court JurisdictionCivil ActionExclusive Remedy DefenseUninsured EmployersExpedited Hearing
References
1
Case No. ADJ9202952
Regular
Nov 05, 2018

MARIA LOPEZ vs. KELLERMEYER BERGENSON SERVICES, LLC, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The WCAB dismissed the defendant's Petition for Reconsideration of an Order Vacating, finding the order was not a final decision. However, it granted the defendant's Petition for Removal of that same Order Vacating, deeming it untimely under WCAB Rule 10859. Consequently, the WCAB vacated the Order Vacating, restoring the original July 5, 2018 Findings of Fact. The WCAB also dismissed the lien claimant's Petition for Removal, affirming the July 5, 2018 Findings of Fact which held the lien claimant bound by prior causation findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder VacatingFindings of FactAdministrative Law JudgeLien ClaimantSubstantial PrejudiceIrreparable HarmFinal Order
References
0
Case No. ADJ6861886
Regular
Feb 01, 2012

Tracy Huiras vs. Nestle USA, ACE AMERICAN INSURANCE COMPANY

This case involves a defendant's petition for reconsideration, disqualification, and removal concerning a WCJ's order compelling a claims adjuster to testify at a lien trial. The Appeals Board dismissed the petition for reconsideration as the order was not final. While the petition for disqualification was denied due to insufficient evidence of bias, the petition for removal was granted. The Board rescinded the WCJ's order compelling witness testimony, as the lien claimant bears the burden of proof and must produce their own witnesses.

WCABRemovalDisqualificationMandatory Settlement ConferenceWCJLien ClaimClaims AdjusterPetition for ReconsiderationPetition for DisqualificationPetition for Removal
References
0
Case No. ADJ7144283
Regular
Feb 04, 2015

RALPH LOYNACHAN vs. COUNTY OF LOS ANGELES

This case involved an applicant's petition for removal, seeking to address penalties for delayed treatment, which the WCJ denied due to a pending lien conference. The Appeals Board denied the applicant's petition, finding it failed to meet the extraordinary standards for removal, especially since a status conference request was inappropriate with a scheduled hearing. The defendant's subsequent notice, construed as a removal or disqualification petition, was dismissed as untimely. The Board found the defendant's notice to be without merit, admonishing counsel against future similar filings.

Petition for RemovalAppeals BoardWCJ GutierrezPenalties and SanctionsDelay of TreatmentCatastrophically Injured WorkerPetition for DisqualificationUntimely PetitionLabor Code Section 5311WCAB Rule 10452
References
2
Case No. ADJ8875197
Regular
Mar 03, 2017

ALAYNE ANNE BRAND vs. MOUNT DIABLO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal filed on December 21, 2016, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The applicant's subsequent petition for removal, filed on January 4, 2017, seeking disqualification of the WCJ, was dismissed upon the applicant's attorney's withdrawal of that petition. The WCAB adopted the WCJ's report and reasoning in its decisions. The applicant also failed to comply with statutory requirements for removal requests.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ disqualificationsubstantial prejudiceirreparable harmreconsiderationextraordinary remedyLabor Code section 5311Appeals Board Rule 10452notice of withdrawal
References
2
Case No. ADJ997412 (LAO 0813526)
Regular
Oct 25, 2010

PATRICIA ANN HAYES vs. ALBERTSONS, SPECIALTY RISK SERVICES

This case concerns the applicant's petition for reconsideration and removal of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB dismissed the reconsideration petition, finding the prior order was not final. However, they granted the removal petition, rescinded the prior order, and returned the case to the trial level for further proceedings. The WCAB found the trial judge's decision to order additional medical evaluations was premature without establishing a deficiency in the existing medical record. Finally, the applicant's petition to disqualify the trial judge was denied, as the judge's actions were not deemed to reflect a prejudgment of the case's merits.

AOE/COEfibromyalgiapsychiatric injuryorthopedic injuryAgreed Medical Examinerpetition for reconsiderationpetition for disqualificationpetition for removalFindings and Ordersdiscovery order
References
7
Case No. ADJ19199519; ADJ19199522
Regular
Feb 18, 2025

LAURA RODRIGUEZ vs. 99 CENTS ONLY STORES, SELF-INSURER'S SECURITY FUND

The Self-Insurers' Security Fund (SISF) petitioned for reconsideration or removal of a Workers' Compensation Judge's (WCJ) order denying its joinder in a case involving injured applicant Laura Rodriguez and the bankrupt 99 Cents Only Stores. The WCJ had ruled that SISF, having assumed the insolvent employer's liabilities, only needed to file a notice of change in administrator, not a joinder petition. The Appeals Board dismissed the petition for reconsideration as the order was not final, but granted the petition for removal. As its Decision After Removal, the Appeals Board rescinded the WCJ's December 2, 2024 order, finding due process violations due to the summary denial without a hearing, and returned the matter to the trial level for further proceedings.

Self-Insurers' Security Fundjoinderremovalreconsiderationinsolvent self-insurerliquidationadministrative law judgeorderdue processsubstantial evidence
References
16
Case No. ADJ10063795
Regular
Apr 26, 2018

ALFREDO GOMEZ vs. ALLIED BARTON SECURITY SERVICES, ESIS

The Appeals Board granted the applicant's Petition for Removal regarding the February 12, 2018 order appointing an Independent Medical Examiner (IME), rescinded the order, and returned the matter for further proceedings. This action stemmed from concerns that the applicant was denied due process and a proper hearing on issues related to Qualified Medical Examiner (QME) selection. The Board denied the applicant's Petition for Disqualification, finding the alleged bias insufficient to warrant removal of the judge. The Petition for Reconsideration was dismissed as the order at issue was not a final decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DisqualificationIndependent Medical ExaminerQualified Medical ExaminerDue ProcessWCJ BiasLabor Code 4062Interlocutory Order
References
18
Case No. ADJ8942890 ADJ8942898
Regular
Jan 03, 2013

JOSE TORRICO vs. THE ANDREW LAUREN CO.; AIG CLAIMS

The Board dismissed the defendant's Petition for Reconsideration because it was not filed from a final order. The Board denied the defendant's Petition for Removal as it did not demonstrate substantial prejudice or irreparable harm. However, the Board granted removal on its own motion due to an invalid Order Approving Compromise and Release (OACR) issued by the WCJ while a petition was pending. The Board vacated the OACR and returned the matter to the WCJ for further proceedings to resolve all outstanding issues in both case numbers.

Petition for ReconsiderationPetition for RemovalInterlocutory OrderFinal OrderSubstantive RightIrreparable HarmCompromise and ReleaseOACRWCJ JurisdictionVoid OACR
References
8
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