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

Case No. ADJ18890787; ADJ10622598; ADJ10936287; ADJ11180688
Regular
Apr 01, 2025

Kevin Perry vs. Asset Protection and Security Services L.P., Insurance Company of the State of PA

The applicant, Kevin Perry, sought reconsideration of a prior Order Dismissing Case with Prejudice, which was based on the doctrine of res judicata. The Workers' Compensation Appeals Board (WCAB) acknowledged that the petition was timely filed within the 60-day statutory period. However, due to the absence of a complete evidentiary record from the lower tribunal, the WCAB was unable to adequately review the applicant's contentions. Consequently, the Petition for Reconsideration was dismissed as premature, and the matter was returned to the Presiding Workers' Compensation Judge (PWCJ) with a recommendation to treat the original petition as one to set aside the initial Order Dismissing, allowing for further proceedings and a new decision that can then be subject to reconsideration.

Res judicataVexatious litigantPetition for reconsiderationOrder dismissing case with prejudiceLabor Code section 5909Cumulative traumaAsset Protection and Security ServicesGallagher Bassett ServicesAIG ClaimsApplication for Adjudication of Claim
References
Case No. ADJ849256 (FRE 0233550)
Regular
Nov 24, 2008

JOHNNY W. NELUM vs. CITY OF FRESNO, Permissibly SelfInsured, as administered by AMERICAN ALL RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding an order to change venue from Fresno to Bakersfield. While the Board found no good cause for the venue change based on convenience and prior trial proceedings, it acknowledged the Presiding Judge's concerns about the appearance of bias in Fresno. Therefore, the Board ordered a judge from outside the Fresno district to preside over the trial to ensure impartiality.

RemovalChange of VenueLabor Code section 5501.6Presiding Workers' Compensation Administrative Law JudgePWCJFair TrialIndustrial InjuryPsycheVenueGood Cause
References
Case No. ADJ6960749
Regular
Jun 07, 2010

AMALIA AGUILAR vs. PETALUMA VALLEY HOSPITAL, ST, JOSEPH HEALTH SYSTEM, THE HARTFORD, SEDGWICK CMS

This case involves a dispute over venue. The defendant timely objected to the applicant's initial filing venue, which was the attorney's principal place of business. The law mandates that if venue is based on the attorney's location and an objection is raised, venue must then be established in the county of the employee's residence or the injury site. Since the applicant resides in and was injured in Sonoma County, the Appeals Board granted the defendant's petition for removal. The Board rescinded a prior order that had set aside a change of venue and formally transferred the case to the Santa Rosa district office.

EAMSPetition for RemovalOrder Setting Aside Order of Change of VenueWCJPWCJDeclaration of Readiness to ProceedObjection to VenueLabor Code Section 5501.5WCAB Rule 10410Timeliness of Objection
References
Case No. ADJ1542579
Regular
Mar 22, 2013

ELIZABETH VARGAS vs. ARAMARK/ARROWHEAD POND, ACE AMERICAN INSURANCE c/o SEDGWICK

This case involves a petition for reconsideration by ACE American Insurance challenging a $250 sanction order. The sanction was imposed on their adjustment agency, Specialty Risk Services, for failing to appear at a lien conference. Defendant argued the lien claimant lacked standing as services were rendered after the case settlement, but the Board found this did not excuse the failure to appear. The Board denied reconsideration, upholding the sanction and emphasizing the requirement to attend noticed hearings regardless of perceived lien validity.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLien ConferenceSpecialty Risk ServicesDeclaration of Readiness to ProceedCompromise and ReleaseIndustrial InjuryOrthopedic TreatmentRescission of Order
References
Case No. ADJ6945103
Regular
Mar 15, 2011

ENRIQUE ESTRADA TOVAR vs. SATTUI WINERY, MAJESTIC INSURANCE COMPANY SAN FRANCISCO

Applicant's attorney filed two requests for disqualification of WCJ Gondak, alleging judicial misconduct, including an ex parte conversation and calling the attorney irrational. The first request, a letter dated February 4, 2011, was formally denied by the Appeals Board based on the WCJ's report. The second, a formal petition filed March 2, 2011, was dismissed as an unauthorized supplemental pleading. Both requests were ultimately denied, allowing WCJ Gondak to continue involvement in the case.

WCABPetition for DisqualificationLabor Code section 5311WCAB Rule 10452WCAB Rule 10458Preemptory ChallengesWCJPWCJex parte conversationsanctions
References
Case No. ADJ8034084
Regular
Oct 27, 2015

KEITH CRABTREE (DECEASED) vs. CITY OF TURLOCK, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board (WCAB) imposed sanctions on the City of Turlock and its attorneys for frivolous actions and tactics intended to cause unnecessary delay. The WCAB found that the defendant's arguments regarding lien claimants and discovery deadlines had been previously decided and that the defendant's continued assertion of these meritless points constituted bad faith. Consequently, the defendant and its attorneys were ordered to jointly pay $500 in sanctions and reasonable expenses, with the matter returned to the judge to determine the expense amount.

RemovalSanctionsNurse Case ManagerDue DiligenceBad Faith ActionsFrivolous TacticsLabor Code Section 5813WCAB Rule 10561ObjectionsReasonable Expenses
References
Case No. ADJ7578334
Regular
Sep 27, 2011

ARGELIA MARTINEZ vs. J & R HOCK ENTERPRISES, INC., CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION

The Workers' Compensation Appeals Board (WCAB) granted removal and changed venue to San Bernardino after the defendant's petition to do so was initially denied. The defendant timely filed a petition to change venue from Long Beach to San Bernardino based on the applicant's residence and injury location. Despite procedural issues with filing, the WCAB determined the petition was timely under Labor Code section 5501.5(c) and WCAB Rule 10410. Therefore, venue was changed to San Bernardino as required by law.

Workers' Compensation Appeals BoardPetition to Change VenueWCAB Rule 10410Labor Code section 5501.5(c)Petition for Removalvenueindustrial injuryfood preparerapplicant's residencelocation of injury
References
Case No. ADJ4539662 (LBO 0266945)
Regular
Feb 07, 2011

RAUL ANAYA vs. MCDONNELL DOUGLAS; CIGA c/o CAMBRIDGE INTEGRATED SERVICES for FREMONT INDEMNITY in liquidation

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration of a venue change order. However, treating the petition as a request for removal, the WCAB granted removal and rescinded the order. The WCAB found that the defendant improperly sought a venue change to consolidate cases, as consolidation requires following specific procedures outlined in Cal. Code Regs., tit. 8, § 10260(b).

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueLabor Code Section 5501.5(c)Cal. Code Regs. tit. 8 § 10410Adjudication Case NumberPWCJStipulated AwardContribution Proceeding
References
Case No. ADJ7220508
Regular
Oct 29, 2010

ANDREW PORTILLO vs. WAL-MART ASSOCIATES, INC. administered by AVIZENT

The Workers' Compensation Appeals Board (WCAB) dismissed Wal-Mart's petition for reconsideration and denied its petition for removal regarding a denied change of venue. The WCAB found that the order denying the venue change was not a final order, thus not subject to reconsideration under Labor Code section 5900. The Board also adopted the findings of the acting presiding judge in denying the removal petition. Therefore, the case will proceed as originally scheduled.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueFinal OrderLabor Code section 5900District OfficeSan Bernardino CountyLong Beach District OfficeSubstantive Rights
References
Case No. ADJ9385010
Regular
Oct 04, 2018

JULIO LARA vs. TONY'S MARKET, STATE COMPENSATION INSURANCE FUND

This case involved a dispute over whether the Airline Deregulation Act preempts state common law regarding air ambulance fees under Labor Code section 4600(a). The applicant's air ambulance carrier, Reach, argued that federal law preempted state regulation of its rates. However, before the Appeals Board could issue a decision after reconsideration, the parties reached a settlement agreement. Consequently, Reach withdrew its petition, and the Board vacated its prior order granting reconsideration and dismissed the petition. The matter was returned to the trial level for approval of the settlement.

Airline Deregulation ActADA preemptionair ambulance feesreasonable expense standardLabor Code section 4600(a)common law reasonablenessfederal court decisionsseverability principlessettlement agreementpetition dismissal
References
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