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

Case No. ADJ8217179
Regular
Jun 18, 2012

CYNTHIA BRUNNEMER vs. DFA OF CALIFORNIA, LIBERTY MUTUAL

Applicant's attorney filed a petition that was initially miscaptioned as a "Petition for Disqualification," causing confusion for the Workers' Compensation Judge. The applicant later amended the petition to clarify it sought only an "automatic reassignment" (peremptory challenge) of the judge, not disqualification. The Appeals Board dismissed the disqualification portion and remanded the reassignment petition for determination by the presiding judge or a designee. The Board cautioned the attorney about the wasted time and resources due to the imprecise initial filing.

Petition for DisqualificationAutomatic ReassignmentWCJWCAB Rule 10453WCAB Rule 10452Peremptory ChallengePresiding WCJReport and RecommendationLab. Code § 5311Cal. Code Regs. tit. 8 § 10452
References
Case No. ADJ103216 (LAO 0867367) MF, ADJ7061769, ADJ7167560
Regular
Mar 25, 2013

ROSA PALAFOX vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed defendant Pelican Products' petitions for reconsideration. These petitions challenged a judge's decision not to disqualify another judge and a trial held despite a pending disqualification issue. The Board found both petitions lacked merit and that defendant's attorney, Martin Reiner, had a history of filing frivolous motions and abusing process. Sanctions against Mr. Reiner were contemplated but deferred to avoid further delay in the case.

Petition for ReconsiderationWCJ DisqualificationLabor Code Section 5910SanctionsFrivolous PetitionAbuse of ProcessPeremptory ChallengesInformal Petition to DisqualifyNotice of Intention to SubmitMandatory Settlement Conference
References
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
Case No. ADJ7680003
Regular
Aug 20, 2018

VALERIE CROOK vs. SANTA YNEZ VALLEY PRESBYTERIAN PRESCHOOL, ZURICH NORTH AMERICA

This case involves a defendant's petition for removal challenging discovery closure orders issued by a workers' compensation judge (WCJ). The defendant argued that closing discovery prematurely would cause significant prejudice. The Workers' Compensation Appeals Board (WCAB) granted the removal, finding the WCJ erred in believing a peremptory challenge to their role prevented them from issuing discovery orders. The WCAB amended the original orders to allow the originally permitted discovery while otherwise affirming the WCJ's decisions.

Workers' Compensation Appeals BoardPetition for RemovalPre-Trial Conference StatementDiscoveryVocational EvaluationQualified Medical EvaluatorSupplemental ReportPre-emptory ChallengeMandatory Settlement ConferenceWCJ Authority
References
Case No. ADJ10109726
Regular
Nov 14, 2016

ARNOLD SAYLES vs. DIGNITY HEALTH MARIAN REGIONAL MEDICAL CENTER, SEDGWICK CMS

In this Workers' Compensation Appeals Board case, the applicant, Arnoid Sayles, successfully challenged the assigned judge. Due to the absence of any remaining judges in the San Luis Obispo District Office, the venue for this case has been transferred to the Santa Barbara Satellite Office. The matter will be scheduled for trial in Santa Barbara upon receipt. This order effectively relocates the proceedings as a result of the applicant's challenge.

Workers' Compensation Appeals BoardArnold SaylesDignity Health Marian Regional Medical CenterSedgwick CMSADJ10109726Santa Barbara Satellite OfficePresiding Workers' Compensation JudgeLeCoverChallengeAppeals Board Rule 10453
References
Case No. ADJ10801516
Regular
Jul 24, 2017

JORGE RAMIREZ vs. MANN PACKING COMPANY, INC., ZURICH NORTH AMERICA INSURANCE COMPANY

In this workers' compensation case, Jorge Ramirez is the applicant, and Mann Packing Company, Inc. and its insurer are the defendants. Both the applicant and defendants challenged judges in the Salinas District Office, exhausting available judicial options there. Consequently, the Workers' Compensation Appeals Board ordered the venue transferred to the San Jose District Office. The case will now be heard by Judge David Lauerman in San Jose.

Workers' Compensation Appeals BoardVenue ChangeChallengesAppeals Board Rule 10453Salinas District OfficeSan Jose District OfficePresiding Workers' Compensation JudgeJudge David LauermanApplicantDefendant
References
Case No. ADJ1456820
Regular
Oct 30, 2008

JEFFREY TERRA vs. FRU-CON CONSTRUCTION, ZURICH SAN FRANCISCO

The Workers' Compensation Appeals Board denied Jeffrey Terra's petition for disqualification of the administrative law judge. The Board found the petition untimely filed and adopted the judge's report, which concluded that no bias or prejudice was demonstrated. The judge's actions, including ordering further testing for the applicant's claims, were consistent with her duties to prepare parties for trial.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJPeremptory ChallengeMandatory Settlement ConferenceExpedited HearingAgreed Medical EvaluatorTesticular InjuryPsychiatric InjuryLow Back Injury
References
Case No. ADJ9859125, ADJ10002701, ADJ10647312
Regular
Sep 20, 2018

CHRISTOPHER RENFRO vs. YOUNG'S COMMERCIAL TRANSFER, NATIONAL INTERSTATE INSURANCE, SWIFT TRANSPORTATION

Applicant filed petitions to disqualify the workers' compensation judge (WCJ) alleging bias and prejudice. The Appeals Board denied these petitions as untimely because the trial had already commenced and witnesses were sworn in. Furthermore, the Board found no evidence in the record to support the applicant's claims of bias or prejudice against the WCJ. The matters are returned to the WCJ for further proceedings.

Peremptory ChallengeDisqualification of JudgeWorkers' Compensation Appeals BoardWCAB Rule 10453Labor Code Section 5311Code of Civil Procedure Section 641WCAB Rule 10452Bias and PrejudicePro Per ApplicantCumulative Trauma Injury
References
Case No. ADJ7393344
Regular
Jun 19, 2012

CONNIE WHITTED vs. DHL ENTERPRISES LLC BRIGHT STAR HEALTH CARE, CHARTIS

This case concerns a petition initially filed as a "Petition for Disqualification and Reassignment," which was later amended to solely seek automatic reassignment of the judge under WCAB Rule 10453. The Appeals Board dismissed the disqualification aspect, attributing the confusion to the applicant's attorney's imprecise captioning. While the petition for automatic reassignment is remanded for determination by the presiding judge, the Board notes it was filed before a trial or expedited hearing, making its denial likely. The Board cautioned the attorney about wasted resources and the potential for future sanctions due to careless pleading.

WCAB Rule 10453WCAB Rule 10452peremptory challengedisqualificationautomatic reassignmentpresiding judgePetition for Disqualificationamended petitionJudge Brigham JonesReport and Recommendation
References
Case No. ADJ6841263
Regular
Apr 22, 2014

SHERYL WILLIS vs. STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION

This case concerns an applicant's petition for reconsideration of a denial for a lightweight mobility scooter. The applicant argued the administrative director's determination was plainly erroneous and that the relevant Labor Code sections were unconstitutional. The Workers' Compensation Appeals Board denied the petition, finding the applicant failed to raise new issues or challenge constitutionality within their power. The Board also admonished both parties' counsel for unprofessional conduct.

Labor Code Section 4610.6Petition for ReconsiderationAdministrative DirectorIndependent Medical ReviewLightweight Mobility ScooterLabor Code Section 4600Plainly Erroneous Finding of FactBias on Basis of DisabilityConstitutional ChallengeScope of Review
References
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