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Case Law Database

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

Case No. ADJ2500161 (BAK 0135729) ADJ3225816 (BAK 0135708) ADJ2766892 (BAK 0147317)
Regular
Mar 03, 2014

HECTOR GOMEZ vs. WATER WAYS IRRIGATION, GOLDEN EAGLE INSURANCE COMPANY

The Board granted reconsideration and rescinded the PWCJ's December 9, 2013 award. The PWCJ conceded errors in rating permanent disability for separate injuries and improperly amending a prior finding. The case is returned to the trial level for proper notice, further proceedings on all three injury claims, and a new decision. The PWCJ also needs to address the correct indemnity rate for the vocational rehabilitation hernia injury.

Workers' Compensation Appeals BoardPermanent Partial DisabilityVocational Rehabilitation InjuryApportionmentIndemnity RateFindings of FactOrder Amending Finding of FactRescindedReturned to Trial LevelIndustrial Injury
References
6
Case No. ADJ9885284
Regular
May 26, 2016

Marva Smith vs. SCRIPPS HEALTH, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) denied Marva Smith's petition for removal and disqualification of the presiding workers' compensation judge (PWCJ), adopting the PWCJ's report as the basis for the denial. Smith's challenges stemmed from a previous vexatious litigant finding. The WCAB also dismissed Smith's petition for reconsideration, finding it untimely and improper as a supplemental filing regarding the PWCJ's report. Consequently, the vexatious litigant order against Smith remains in effect.

Vexatious LitigantPetition for RemovalDisqualification of JudgePetition for ReconsiderationUntimely FilingJurisdictional Time LimitConditional FilingRule 10782(c)Rule 10848Labor Code 5900 et seq.
References
4
Case No. ADJ3080593 (MON 0355637)
Regular
Mar 05, 2012

RUDY PINEDA vs. VENETIAN FURNITURE GALLERY, STATE FARM INSURANCE COMPANIES

In this Workers' Compensation Appeals Board case, lien claimants sought to depose the employer after the case had been continued multiple times and discovery was ordered closed. The Administrative Law Judge (PWCJ) properly quashed the deposition notice, finding no demonstrated prejudice to the lien claimants. The Board affirmed the PWCJ's decision, concluding that the judge acted within their authority to close discovery when parties have had sufficient opportunity. The lien claimants' petition for removal was therefore denied.

Workers' Compensation Appeals BoardPetition for RemovalOrder Quashing DepositionPerson Most QualifiedLien ConferenceDiscovery ClosureMandatory Settlement ConferenceLabor Code section 5502(e)(3)WCAB Rule 10348Pretrial Conference Statement
References
0
Case No. ADJ234009 (OAK 0324352) ADJ3704382 (OAK 0335469)
Regular
Jan 12, 2010

Carole Young vs. IPC SECURITY, LIBERTY MUTUAL INSURANCE COMPANY, ABM adjusted by ESIS

The applicant sought removal and disqualification of the Workers' Compensation Judge (WCJ) alleging bias due to denied trial requests, refusal to consider evidence, and case delays. The Appeals Board denied the removal and disqualification, stating a subjective perception of bias is insufficient grounds. The Board returned the case to the Presiding WCJ to address the defendant's request to declare the applicant a vexatious litigant, requiring notice and an opportunity to be heard.

Workers' Compensation Appeals Boardremovaldisqualificationworkers' compensation judge (WCJ)biasvexatious litigantPWCJWCAB Rule 10782applicantdefendant
References
1
Case No. GRO 0031003 GRO 0031004
Regular
May 19, 2008

LOLA WATTS vs. OPTIONS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, rescinded the previous award, and returned the case to the trial level. The PWCJ's prior findings did not adequately account for the applicant's cognitive deficits, as determined by a neuropsychologist. The Board emphasized that all factors of disability must be considered in the permanent disability rating, requiring further proceedings to develop the record.

Workers Compensation Appeals BoardApplicantIndustrial InjuryPermanent DisabilityReconsiderationFindings and AwardPresiding Workers Compensation Administrative Law JudgeCognitive DeficitsOrthopedistNeuropsychologist
References
3
Case No. ADJ6887918
Regular
May 24, 2010

GREGORY KISTLER (Deceased) MEREDITH KISTLER vs. KODIAK UNION ROOFING, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought reconsideration of an order denying a change of venue from San Francisco to Sacramento due to witness convenience. The WCAB found the order denying the venue change was not a final order and thus not subject to reconsideration. Furthermore, the WCAB adopted the PWCJ's reasoning to deny removal, finding no substantial prejudice or irreparable injury to the defendant.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenuePresiding Workers' Compensation Administrative Law JudgeFinal OrderInterlocutory OrderSubstantive RightsIrreparable InjurySubstantial Prejudice
References
4
Case No. ADJ8916696, ADJ8912549
Regular
Oct 21, 2014

GUSTAVO CHAIREZ MURILLO vs. SMART & FINAL STORES, SEDGWICK

The Appeals Board granted the applicant's Petition for Removal, rescinding an order compelling a medical evaluation by an orthopedic QME. The applicant argued he was denied a hearing and the PWCJ failed to provide an opinion on decision. While the underlying dispute appears to involve a disagreement over QME specialty selection, the Board found the procedural record unclear. Consequently, the case is returned to the trial level for further proceedings, including potentially an evidentiary hearing, without addressing the merits of the underlying issues.

Petition for RemovalOrder Compelling Medical ExaminationQualified Medical Evaluator (QME)Presiding Workers' Compensation Administrative Law Judge (PWCJ)Labor Code Section 5313Medical Director disputechiropracticorthopedicevidentiary hearingDecision After Removal
References
0
Case No. ADJ2041648 (SDO 0319858) ADJ2762432 (SDO 0319859) ADJ772603 (SDO 0319860)
Regular

STACIE L. NELDAUGHTER vs. COUNTY OF SAN DIEGO

The Workers' Compensation Appeals Board denied the County of San Diego's petition for removal. The County sought to rescind a six-month continuance granted for the applicant, alleging prejudice and discovery abuses, but failed to demonstrate significant harm. The Board found the County's arguments insufficient to justify removal and returned the cases to the trial level. The PWCJ is to schedule a status conference after January 26, 2010, to determine if further continuance is warranted based on a "clear showing of good cause."

Petition for RemovalOrder Granting ContinuancePrejudiceIrreparable HarmADA AccommodationDisability CoordinatorContinued HearingStatus ConferenceMandatory Settlement ConferenceDiscovery Abuses
References
0
Case No. ADJ16243827
Regular
Apr 14, 2025

MICHAEL STONEBARGER vs. SIERRA PACIFIC INDUSTRIES

Applicant sought removal of an Order Denying Petition for Change of Venue, alleging bias from a workers' compensation administrative law judge (WCJ). The defendant did not file an answer to the petition, and the PWCJ recommended denial. The Appeals Board denied the petition for removal, concluding that the applicant failed to show substantial prejudice or irreparable harm. Furthermore, the Board dismissed the petition for disqualification, finding it lacked sufficient factual allegations under penalty of perjury and documentation of irreparable harm to establish disqualification.

RemovalDisqualificationPetition for RemovalPresiding Workers' Compensation Administrative Law JudgeWCJ BiasSubstantial PrejudiceIrreparable HarmReconsiderationLabor Code Section 5311Code of Civil Procedure Section 641
References
23
Case No. ADJ358912 (GRO 0032620) ADJ1583814 (GRO 0032621)
Regular
Jun 21, 2010

ROSS COVELLO vs. CITY OF SANTA MARIA, Pecmissibly Self-Insured, GREGORY BRAGG & ASSOCIATES, Adjusting Agency

The Appeals Board dismissed the applicant's Petition for Reconsideration because the PWCJ's order setting the matter for trial was not a final order. The Board denied the applicant's request for removal, finding no showing of significant prejudice or irreparable harm justifying this extraordinary remedy. Additionally, the petition for disqualification was denied due to the applicant's failure to provide the required affidavit or declaration under penalty of perjury. The applicant's contentions regarding discovery, notice defects, counsel conflicts, and bias were found insufficient to warrant reconsideration or removal.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DisqualificationPresiding Workers' Compensation Administrative Law JudgeDeclaration of ReadinessAgreed Medical ExaminerDiscovery ClosedMandatory Settlement ConferenceFinal Order
References
5
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