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Case Law Database

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

Case No. ADJ1150041 (FRE 0244995)
Regular
Apr 23, 2012

JAMES CARTER (Deceased) EVELYN CARTER (Widow) vs. SUBURBAN STEEL, INC.; FRESNO FAB TECH; REM; and CIGA for SUPERIOR NATIONAL INSURANCE COMPANY, in liquidation

The Applicant seeks reconsideration of the denial of her deceased husband's workers' compensation claim, arguing that the medical evidence is insufficient and biased. The Appeals Board dismissed her petition, finding it to be a successive petition challenging a prior denial, which is not permitted. Furthermore, her petition for removal to disqualify the judge was dismissed for failing to meet procedural requirements. The Board upheld the original finding that the cancer and death did not arise out of employment, relying on the well-reasoned medical opinion of Dr. O'Neill.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalSuccessive petitionsWrit of reviewCourt of AppealsDisqualification of WCJRule 10452Cancer and deathWelding
References
3
Case No. ADJ9211017
Regular
Mar 28, 2017

JOSE MENDOZA vs. KINGSLEY COMPANIES; SAMSUNG FIRE AND MARINE c/o BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration regarding the denial of a credit for benefits paid. The WCAB found that the administrative law judge's decision not to grant the credit was within their discretion and not an abuse of discretion, considering the lack of wrongdoing by the applicant. The applicant's petition for reconsideration was dismissed as skeletal and unsupported by specific references to the record and legal principles, as required by statute and board rules. Therefore, the WCAB upheld the original denial of the credit and dismissed the applicant's petition.

WCABPetition for ReconsiderationDenying PetitionDismissing PetitionLabor Code section 4909CreditDiscretionary AuthorityEquitable PrinciplesSkeletal PetitionAppeals Board Rules
References
10
Case No. OAK 289476
Regular
Mar 20, 2008

DIANE KAISER vs. FREMONT UNIFIED SCHOOL DISTRICT, ALAMEDA COUNTY SCHOOLS INSURANCE GROUP

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration of a prior denial as untimely and impermissibly successive, noting that a writ of review to the Court of Appeal is the proper avenue for challenging final decisions. The Board also dismissed the applicant's petition for reconsideration of a venue change denial, finding it was not a final order subject to reconsideration, and denied removal, finding no demonstration of substantial prejudice or irreparable harm. Finally, the applicant was admonished to follow the Board's procedural rules for filing petitions.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalIn Pro PerWCJ ReportVenueLabor Code Section 5501.5Interlocutory OrderFinal OrderPrejudice
References
9
Case No. ADJ2948353 (SAL 0116403) ADJ803362 (SAL 0116404) ADJ2320380 (SAL 0116407)
Regular
May 04, 2009

BRIAN CARRASCO vs. CLARK PEST CONTROL, GALLAGHER BASSETT

The applicant filed a petition alleging bias by the WCJ based on 21 instances of alleged misconduct. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for removal, finding it untimely and unverified, as the applicant did not claim to be aggrieved by the last order and the petition was filed beyond the 20-day limit. Furthermore, the Board denied the disqualification petition because it was not supported by a verified affidavit and the judge in question was not currently assigned to the cases for trial. These procedural deficiencies led to the dismissal of the removal petition and denial of the disqualification petition.

Petition for RemovalPetition for DisqualificationAdministrative Law JudgeWCJ Steven D. TuanBias AllegationsUntimely PetitionUnverified PetitionWCAB Rule 10843WCAB Rule 10452Labor Code Section 5310
References
0
Case No. ADJ7136909
Regular
Apr 16, 2014

BRUCE TABARACCI vs. WASTE MANAGEMENT, ACE AMERICAN, GALLAGHER BASSETT

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration and dismissed their petition for removal. The Board adopted the findings of the Administrative Law Judge, who recommended denial. The defendant's arguments, including claims that utilization review (UR) denials were not defective and that Dr. Light's reports were inadmissible, were rejected. The Board found the UR process was procedurally deficient due to the defendant failing to provide all relevant medical records.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJ Report and RecommendationLabor Code §4062IMR tractPrimary Treating Physician (PTP)Secondary Treating PhysicianUtilization Review (UR)Request for Medical Treatment Authorization
References
5
Case No. ADJ9496892
Regular
Sep 15, 2025

JUNE JONES vs. CALIFORNIA SPECIAL PATROL, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Applicant's attorney sought reconsideration of an Order Rescinding Submission, Order Vacating Finding and Order, and Order to Develop the Record dated June 27, 2025, arguing further record development was unnecessary. The Workers' Compensation Judge (WCJ) recommended dismissal of the reconsideration petition and denial if treated as a petition for removal. The Appeals Board timely acted on the petition but noted issues with notice of transmission to the parties. They dismissed the petition for reconsideration, deeming the underlying order non-final, and denied the petition for removal, finding no substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Rescinding SubmissionFindings and OrderLabor Code section 5909Transmission of CaseElectronic Adjudication Management SystemNotice of TransmissionFinal Order
References
8
Case No. ADJ11046531
Regular
Oct 12, 2018

, RAFAEL ANGULO, vs. , CALIFORNIA CEMETERY & FUNERAL SERVICES, LLC DBA GREEN ACRES MEMORIAL PARK; administered by GALLAGHER BASSETT,

The Appeals Board dismissed the petition for reconsideration because the WCJ's order to take the matter off calendar was not a "final" order. The petition for removal was denied as the petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. Therefore, the Board found no basis to grant either the dismissal of the reconsideration petition or the denial of the removal petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive Right or LiabilityThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
Case No. ADJ18146677, ADJ18149398, ADJ18149397
Regular
May 05, 2025

ANN MANNOLA ZACARIAS SANCHEZ vs. ALICIA HERRARTE, DEEPEST CUT HOSPITALITY INC, STATE COMPENSATION INSURANCE FUND

The applicant, Ann Mannola Zacarias Sanchez, petitioned for reconsideration of a Workers' Compensation Administrative Law Judge's interim findings, which had ordered the joinder of the Uninsured Employers Benefits Trust Fund and removed the case from the calendar. The Appeals Board reviewed the petition and the WCJ's recommendation for denial. The Board dismissed the petition for reconsideration, determining that the WCJ's order was not a "final" decision from which reconsideration could be sought, and also denied the petition for removal, concluding that no substantial prejudice or irreparable harm was demonstrated.

Uninsured Employers Benefits Trust FundUEBTFPetition for ReconsiderationPetition for RemovalWorkers' Compensation Appeals BoardWCJLabor Code section 5909Transmission of CaseEAMSFinal Order
References
6
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. ADJ11099310
Regular
Mar 19, 2018

TYLER SANCHEZ vs. THE JACMAR COMPANIES dba SHAKEY'S PIZZA; INSURANCE COMPANY OF THE WEST

The Appeals Board dismissed the defendant's Petition for Reconsideration because the order denying a change of venue was not a final order, and thus not subject to reconsideration. The Petition for Removal was denied because the defendant failed to demonstrate substantial prejudice or irreparable harm. Furthermore, the defendant's failure to file a proof of service with its initial petition and its failure to serve the applicant on the venue change request were grounds for denial. Even with a late submission of proof of service, the failure to serve the applicant on the venue change petition was a fatal defect.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueProof of ServiceLabor Code Section 5501.5(c)WCAB Rule 10450(f)Non-final OrderSubstantial PrejudiceIrreparable Harm
References
6
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