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

Case No. LAO 0834414
Regular
Mar 03, 2008

NATASHA FANE vs. PRIME CLINICAL SYSTEMS, INC., EVEREST NATIONAL INSURANCE, ARGONAUT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Everest's petition for reconsideration, rescinded a prior order, and remanded the case for further proceedings to determine contribution liability between Everest and Argonaut. Argonaut's petition for reconsideration was dismissed as it was not a final order, but its petition for removal was granted, rescinding an improperly issued joinder order and issuing a new order joining Argonaut as a party defendant. The Board clarified that contribution proceedings under Labor Code section 5500.5(e) can be initiated after a settlement and that Argonaut, having been notified, may not be bound by prior evidentiary records.

Workers' Compensation Appeals BoardNatasha FanePrime Clinical SystemsInc.Everest National InsuranceArgonaut Insurance CompanyContributionLabor Code section 5500.5(b)Labor Code section 5500.5(e)Compromise and Release
References
0
Case No. SFO 0489072
Regular
Apr 28, 2008

Joseph Royse vs. Heartworks Studios, LLC, DC3-E, LLLP, Lexington Insurance Company

The Workers' Compensation Appeals Board denied the applicant's petition to remove the stay on proceedings against co-defendants Heartworks Studios and DC3-E, affirming the WCJ's decision. However, the Board granted Lexington Insurance Company's petition to remove the applicant's dismissal of Lexington and Esther Phelps, reversing that order and reinstating Lexington as a party due to its admitted liability and significant benefit payments. The Board also dismissed Lexington's petition for reconsideration as the dismissal order was not final.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationPriority ConferenceStay of ProceedingsSuperior Court JurisdictionCivil ActionExclusive Remedy DefenseUninsured EmployersExpedited Hearing
References
1
Case No. ADJ9202952
Regular
Nov 05, 2018

MARIA LOPEZ vs. KELLERMEYER BERGENSON SERVICES, LLC, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The WCAB dismissed the defendant's Petition for Reconsideration of an Order Vacating, finding the order was not a final decision. However, it granted the defendant's Petition for Removal of that same Order Vacating, deeming it untimely under WCAB Rule 10859. Consequently, the WCAB vacated the Order Vacating, restoring the original July 5, 2018 Findings of Fact. The WCAB also dismissed the lien claimant's Petition for Removal, affirming the July 5, 2018 Findings of Fact which held the lien claimant bound by prior causation findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder VacatingFindings of FactAdministrative Law JudgeLien ClaimantSubstantial PrejudiceIrreparable HarmFinal Order
References
0
Case No. ADJ6861886
Regular
Feb 01, 2012

Tracy Huiras vs. Nestle USA, ACE AMERICAN INSURANCE COMPANY

This case involves a defendant's petition for reconsideration, disqualification, and removal concerning a WCJ's order compelling a claims adjuster to testify at a lien trial. The Appeals Board dismissed the petition for reconsideration as the order was not final. While the petition for disqualification was denied due to insufficient evidence of bias, the petition for removal was granted. The Board rescinded the WCJ's order compelling witness testimony, as the lien claimant bears the burden of proof and must produce their own witnesses.

WCABRemovalDisqualificationMandatory Settlement ConferenceWCJLien ClaimClaims AdjusterPetition for ReconsiderationPetition for DisqualificationPetition for Removal
References
0
Case No. ADJ2732539 (LAO 0871611)
Regular
Nov 18, 2009

CESAR MERIDA vs. M.C. GILL CORPORATION, THE TRAVELERS

The Appeals Board granted reconsideration, rescinded the prior order dismissing the petition for removal, and granted defendant's petition for removal. The case was transferred back to the Los Angeles WCAB District Office.

WCABPetition for RemovalChange of VenueLabor Code section 5501.6Good CauseConvenience of WitnessesOfficial Address RecordPresiding WCJReconsiderationRescinded
References
0
Case No. ADJ997412 (LAO 0813526)
Regular
Oct 25, 2010

PATRICIA ANN HAYES vs. ALBERTSONS, SPECIALTY RISK SERVICES

This case concerns the applicant's petition for reconsideration and removal of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB dismissed the reconsideration petition, finding the prior order was not final. However, they granted the removal petition, rescinded the prior order, and returned the case to the trial level for further proceedings. The WCAB found the trial judge's decision to order additional medical evaluations was premature without establishing a deficiency in the existing medical record. Finally, the applicant's petition to disqualify the trial judge was denied, as the judge's actions were not deemed to reflect a prejudgment of the case's merits.

AOE/COEfibromyalgiapsychiatric injuryorthopedic injuryAgreed Medical Examinerpetition for reconsiderationpetition for disqualificationpetition for removalFindings and Ordersdiscovery order
References
7
Case No. ADJ19199519; ADJ19199522
Regular
Feb 18, 2025

LAURA RODRIGUEZ vs. 99 CENTS ONLY STORES, SELF-INSURER'S SECURITY FUND

The Self-Insurers' Security Fund (SISF) petitioned for reconsideration or removal of a Workers' Compensation Judge's (WCJ) order denying its joinder in a case involving injured applicant Laura Rodriguez and the bankrupt 99 Cents Only Stores. The WCJ had ruled that SISF, having assumed the insolvent employer's liabilities, only needed to file a notice of change in administrator, not a joinder petition. The Appeals Board dismissed the petition for reconsideration as the order was not final, but granted the petition for removal. As its Decision After Removal, the Appeals Board rescinded the WCJ's December 2, 2024 order, finding due process violations due to the summary denial without a hearing, and returned the matter to the trial level for further proceedings.

Self-Insurers' Security Fundjoinderremovalreconsiderationinsolvent self-insurerliquidationadministrative law judgeorderdue processsubstantial evidence
References
16
Case No. ADJ1856849 (FRE 0246669)
Regular
Oct 21, 2013

ROGELIO MERLOS vs. A.J. SLENDERS DAIRY, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for removal, rescinded the August 1, 2013, orders, and returned the case to the trial level. The WCAB found that the prior orders were not final decisions and thus dismissed the petition for reconsideration. However, removal was granted because the Administrative Law Judge failed to comply with procedural requirements for record-keeping and providing a summary of evidence and grounds for the decision, necessitating further proceedings.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationMedical Provider NetworkMPN documentsLabor Code section 5313WCAB Rule 10566mandatory settlement conferenceexpedited hearingDeclaration of Readiness to Proceed
References
1
Case No. ADJ10063795
Regular
Apr 26, 2018

ALFREDO GOMEZ vs. ALLIED BARTON SECURITY SERVICES, ESIS

The Appeals Board granted the applicant's Petition for Removal regarding the February 12, 2018 order appointing an Independent Medical Examiner (IME), rescinded the order, and returned the matter for further proceedings. This action stemmed from concerns that the applicant was denied due process and a proper hearing on issues related to Qualified Medical Examiner (QME) selection. The Board denied the applicant's Petition for Disqualification, finding the alleged bias insufficient to warrant removal of the judge. The Petition for Reconsideration was dismissed as the order at issue was not a final decision.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DisqualificationIndependent Medical ExaminerQualified Medical ExaminerDue ProcessWCJ BiasLabor Code 4062Interlocutory Order
References
18
Case No. ADJ8942890 ADJ8942898
Regular
Jan 03, 2013

JOSE TORRICO vs. THE ANDREW LAUREN CO.; AIG CLAIMS

The Board dismissed the defendant's Petition for Reconsideration because it was not filed from a final order. The Board denied the defendant's Petition for Removal as it did not demonstrate substantial prejudice or irreparable harm. However, the Board granted removal on its own motion due to an invalid Order Approving Compromise and Release (OACR) issued by the WCJ while a petition was pending. The Board vacated the OACR and returned the matter to the WCJ for further proceedings to resolve all outstanding issues in both case numbers.

Petition for ReconsiderationPetition for RemovalInterlocutory OrderFinal OrderSubstantive RightIrreparable HarmCompromise and ReleaseOACRWCJ JurisdictionVoid OACR
References
8
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