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

Case No. MON 094741 MON 124794
Regular
Mar 25, 2008

ANA SAMI vs. HUGHES AIRCRAFT, HARTFORD ACCIDENT as administered by SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, affirming the prior decision that denied the defendant's petition to change the primary treating physician. While the Board amended the order to correct a clerical error as recommended by the WCJ, it did not specifically rule on the applicant's arguments for attorney fees and subpoena costs, referencing the WCJ's report. The Board's decision ultimately upholds the denial of the defendant's request to change physicians.

Petition for ReconsiderationJoint Findings of FactPrimary Treating PhysicianAdministrative DirectorWCJLabor Code section 5814.5Labor Code section 4607attorney feessubpoena costsHIPPA violation
References
0
Case No. ADJ8925091, ADJ6820644
Regular
Aug 29, 2017

ALFRED MCKNIGHT vs. CITY OF SANTA MONICA

The Workers' Compensation Appeals Board denied the applicant's petition for disqualification of the Workers' Compensation Judge (WCJ). The Board found that the petition lacked specific facts demonstrating bias, an unqualified opinion on the merits, or enmity, as required by statute. Furthermore, the Board denied the petition for a change of venue due to the applicant failing to provide sufficient reasons for the request. The WCJ's report, detailing these deficiencies, was adopted and incorporated into the Board's decision.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJLabor Code section 5311Code of Civil Procedure section 641biasprejudiceunqualified opinionfactual basisevidentiary basis
References
7
Case No. ADJ7427597
Regular
Jan 05, 2011

JESUS CAZARES vs. SILVER OAK WINE CELLARS LP, REPUBLIC INDEMNITY ENCINO

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the order denying a change of venue was not a final order. The WCAB also denied the defendant's Petition for Removal, finding no showing of significant prejudice or irreparable harm. The WCJ correctly denied the venue change petition as it failed to comply with procedural requirements. Either party may seek a venue change at the trial level upon proper petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Denying Change of VenueLabor Code section 5501.5Venue ObjectionAdjudication Case NumberCalifornia Code of Regulations 10410Substantive RightsFinal Order
References
5
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
Case No. ADJ7038048
Regular
May 27, 2010

AUDREY COLEMAN vs. AEP-SPAN, XL SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because the underlying order denying a change of venue was not a final order. The WCAB also denied the defendant's petition for removal, finding no substantial prejudice or irreparable harm justifying this extraordinary remedy. The WCAB noted the defendant's change of venue petition was untimely under Labor Code section 5501.5(c). Parties are advised to seek a venue change at the trial level if appropriate.

WCABPetition for ReconsiderationPetition for RemovalChange of VenueUntimely PetitionLabor Code Section 5501.5(c)Final OrderAdministrative Law JudgeWCJ ReportSignificant Prejudice
References
5
Case No. ADJ4379045 (ANA 0389616)
Regular
Mar 19, 2012

FEDERICO MARTINEZ vs. ROBERTSON'S READY MIX, INC.

Defendant Robertson's Ready Mix sought to reopen a stipulated award of 81% permanent disability for Federico Martinez based on a change in law regarding life pension calculations. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration as untimely, as it was filed significantly beyond the statutory 20-day limit. However, the WCAB returned the petition to the trial level to be considered solely as a petition to reopen based on the alleged change in law. This decision allows the parties to address the legal change at the trial judge level.

Workers' Compensation Appeals BoardPetition to ReopenPetition for ReconsiderationStipulated Findings and AwardIndustrial InjuryPermanent DisabilityLife PensionLabor Code Section 4659(c)Baker v. Workers' Comp. Appeals Bd.Untimely Filing
References
5
Case No. ADJ9585461
Regular
Feb 02, 2017

TONY DE LA GARZA vs. ROLL GLOBAL/DEL REY JUICE PLANT dba POM WONDERFUL, Permissibly Self-Insured, Administered by BROADSPIRE

The WCAB dismissed the defendant's Petition for Removal, treating it as a Petition for Reconsideration, and denied it. The Board affirmed the WCJ's order requiring the defendant to authorize surgical treatment. The defendant's initial challenge was based on a prior IMR denial, but the Board found a material change in facts occurred when the treating physician clarified the surgery's non-cosmetic, functional purpose. The Board concluded the subsequent UR certification was valid and the defendant must authorize the treatment.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationFindings and OrderUtilization ReviewIndependent Medical ReviewMedical TreatmentSurgical ProcedureScar DeformityPainful Scar
References
8
Case No. ADJ7188295
Regular
Aug 02, 2010

TRACEY CALHOUN vs. RAMONA MANOR CONVALESCENT HOME, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the employer's petition for removal and dismissed their petition for reconsideration. The employer sought to change venue from Los Angeles to Riverside based on the applicant's location and injury site. The Board found the order denying the venue change was procedural, not a final order, thus dismissing the reconsideration petition. They also denied removal, noting the employer's failure to verify the petition and lack of demonstrated irreparable harm or substantial prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueWCJ OrderFinal OrderSubstantive RightsProcedural OrderVerificationAppeals Board Rule 10410
References
5
Case No. ADJ10962162
Regular
May 17, 2018

ANNA MONTANARO vs. KEY CODE MEDIA, INC., HANOVER INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration because the order changing venue was not a final decision. The WCAB granted a petition for removal and rescinded the order changing venue to investigate whether the defendant received proper notice and an opportunity to object to the venue change. This due process concern arose because there was no proof of service for the notice of intent to change venue. The matter was returned to the Presiding WCJ for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Changing VenueNotice of Intent to Change VenueDue ProcessProof of ServiceInterlocutory OrderFinal OrderSubstantive Right
References
10
Case No. Misc. No. 254
En Banc
Jan 20, 2012

Applicant vs. Respondent

The Workers' Compensation Appeals Board dismissed Daniel Escamilla's Petition for Change of Venue, denied his Request for an Immediate Stay, but granted his Petition for Removal. The decision affirmed the relieving of his counsel and continued the hearing to provide a final opportunity to obtain new counsel.

Petition for Change of VenuePetition for RemovalRequest for Immediate Stay of ProceedingsWorkers' Compensation Appeals Board (WCAB)Administrative Law Judge (WCJ)Relief of CounselDue ProcessQuasi-Criminal NatureLabor Code Section 5501.6Labor Code Section 4907
References
1
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