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

Case No. ADJ15495436
Regular
Feb 18, 2025

Calvin Grigsby vs. Grigsby and Associates, State Farm Fire and Casualty Company

The Workers' Compensation Appeals Board considered two petitions from the applicant, Calvin Grigsby: a December 9, 2024 Petition for Reconsideration and/or Removal, and a December 24, 2024 Petition for Removal. The Board dismissed the reconsideration aspect of the December 9th petition as it pertained to non-final orders and denied removal, finding no demonstration of irreparable harm. The subsequent December 24th petition was also dismissed as it challenged the same December 4, 2024 orders. The Board also noted the applicant's failure to comply with page limits for the petition.

Petition for ReconsiderationPetition for RemovalNonfinal OrdersLabor Code Section 5909Electronic Adjudication Management SystemFinal OrderInterlocutory DecisionsSubstantial PrejudiceIrreparable HarmSupplemental Pleadings
References
15
Case No. ADJ2179451 (LAO 0882613), ADJ2805972 (LAO 0882614)
Regular
Sep 03, 2015

TRACI MARIE CASEY vs. COUNTRYWIDE FINANCIAL CORPORATION

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration and denied their petition for removal. The WCAB found the WCJ's decision was not a "final" order as it only addressed an intermediate procedural or evidentiary issue, not substantive rights or liabilities. Furthermore, the petition for removal was denied because the applicant failed to demonstrate substantial prejudice or irreparable harm. Additionally, the petition for reconsideration was dismissed for lack of verification, which was not cured despite notice.

WCABPetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
7
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. ADJ7144283
Regular
Feb 04, 2015

RALPH LOYNACHAN vs. COUNTY OF LOS ANGELES

This case involved an applicant's petition for removal, seeking to address penalties for delayed treatment, which the WCJ denied due to a pending lien conference. The Appeals Board denied the applicant's petition, finding it failed to meet the extraordinary standards for removal, especially since a status conference request was inappropriate with a scheduled hearing. The defendant's subsequent notice, construed as a removal or disqualification petition, was dismissed as untimely. The Board found the defendant's notice to be without merit, admonishing counsel against future similar filings.

Petition for RemovalAppeals BoardWCJ GutierrezPenalties and SanctionsDelay of TreatmentCatastrophically Injured WorkerPetition for DisqualificationUntimely PetitionLabor Code Section 5311WCAB Rule 10452
References
2
Case No. ADJ8875197
Regular
Mar 03, 2017

ALAYNE ANNE BRAND vs. MOUNT DIABLO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal filed on December 21, 2016, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The applicant's subsequent petition for removal, filed on January 4, 2017, seeking disqualification of the WCJ, was dismissed upon the applicant's attorney's withdrawal of that petition. The WCAB adopted the WCJ's report and reasoning in its decisions. The applicant also failed to comply with statutory requirements for removal requests.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ disqualificationsubstantial prejudiceirreparable harmreconsiderationextraordinary remedyLabor Code section 5311Appeals Board Rule 10452notice of withdrawal
References
2
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. ADJ2862412 (LBO 0337338)
Regular
Jun 08, 2009

MICHAEL BRAJEVICH vs. TORRANCE UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal because it was unverified. The defendant sought to rescind a prior order continuing the matter to trial, arguing a previous award was clear and the lien claimant should have sought reconsideration. WCAB Rule 10843(b) mandates verification for petitions for removal and answers thereto. Because the petition lacked verification, it was summarily dismissed.

Petition for RemovalUnverified PetitionWCAB Rule 10843(b)Verified PleadingsRescind OrderOrder of ContinuationLien ClaimantIrreparable HarmVerified PetitionWorkers' Compensation Appeals Board
References
0
Case No. ADJ8935493
Regular
Dec 16, 2013

CYNTHIA LANDSIEDEL vs. SANTA ANA UNIFIED SCHOOL DISTRICT

This case involved an applicant seeking reconsideration or removal of a WCJ's decision denying bariatric surgery or a weight loss program for an industrial back, neck, and leg injury. The Appeals Board dismissed the Petition for Removal, finding it an inappropriate remedy as a final order existed and reconsideration was available. The Petition for Reconsideration was denied because the applicant failed to meet the burden of proof that the requested surgery was reasonably required to cure or relieve the industrial injury. Additionally, the petition was subject to dismissal due to improper verification, which was not cured despite notice.

Petition for RemovalPetition for ReconsiderationFindings and OrderIndustrial InjuryBariatric SurgeryWeight Loss ProgramMedical TreatmentUtilization ReviewBurden of ProofEvidentiary Burden
References
5
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