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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. ADJ7660885
Regular
May 11, 2011

CYNTHIA KRAMER vs. DANA GAWLEY, D.D.S. & JEFF GAWLEY, D.D.S., EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinding an award of $2,712.50 in attorney fees. The Board found that the award was improperly issued by a judge outside of the correct venue. Venue had previously been transferred to the Sacramento WCAB District Office, making the original award invalid. The case is now returned to Sacramento for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Awarding Attorney FeesDeposition Attorney FeesTravel TimeVenue ChangeElectronic Adjudication Management SystemPetition for Change of VenueMarina Del Rey WCAB District OfficeSanta Ana WCAB District Office
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. ADJ12088438
Regular
Dec 03, 2019

Sherice Bellamy vs. Ventura County Community College, Keen & Associates

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding the prior order denying a change of venue. The Board found that the presiding judge incorrectly applied Labor Code section 5501.5 and that Labor Code section 5501.6, which governs petitions for change of venue, was the relevant statute. Consequently, the case was returned to the presiding judge to address the applicant's petition for change of venue under the proper legal framework. A dissenting opinion argued against removal, stating the applicant did not demonstrate good cause or irreparable harm, and could refile a properly supported venue change petition.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueLabor Code Section 5501.5Labor Code Section 5501.6Principal Place of BusinessGood CauseSubstantial PrejudiceIrreparable HarmDissenting Opinion
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. 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. ADJ7184539, ADJ7671268
Regular
Mar 14, 2014

KUANE WASHINGTON vs. SANTA CLARA VALLEY TRANSPORTATION AUTHORITY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Removal because it was filed untimely. The defendant electronically submitted their petition three minutes after the 5:00 PM deadline on the final day for filing. The WCAB also noted that even if timely, the petition lacked merit and indicated potential gamesmanship by the defendant, warning of future sanctions.

Petition for RemovalUntimely FilingEAMSBatch IDChange of VenueGood CauseLabor Code section 5501.6FrivolousnessGamesmanshipSanctions
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
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. ADJ4552593 (MON 0258406)
Regular
Mar 26, 2012

KIMBERLY DENOVA-JOY vs. SANTA PAULA ELEMENTARY SCHOOL DISTRICT, CIGA on behalf of FREMONT INSURANCE COMPANY in liquidation, as administered by CAMBRIDGE INTERGRATED SERVICES

This case concerns an applicant's due process claim regarding the denial of an expedited hearing for temporary disability benefits. The Workers' Compensation Appeals Board (WCAB) granted removal, finding the administrative law judge (WCJ) improperly removed the issue from the expedited hearing track. The WCAB held that the need for record development on permanent disability did not preclude an expedited hearing for temporary disability, which had been pending for over ten years. The Board rescinded the WCJ's order and returned the case for an expedited hearing.

Petition for RemovalExpedited HearingTemporary Disability IndemnityWCABWCJPWCJDue ProcessLabor Code Section 5502(b)Rule 10252(c)Permanent Disability
References
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