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

Case No. ADJ4271541 (LBO 0393859)
Regular
May 15, 2014

DANILO YAP vs. LOS ANGELES DEPARTMENT OF WATER & POWER

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the WCJ's Order Vacating the prior order relieving counsel was not a final order. The WCAB also denied the petition for removal, finding the applicant failed to demonstrate significant prejudice or irreparable harm from the order. Applicant contended his attorney's withdrawal and alleged misconduct by both parties' counsel prejudiced his case. The WCAB concluded no extraordinary circumstances justified removal and applicant could seek reconsideration after a final order.

Petition for ReconsiderationPetition for RemovalOrder Vacating OrderAttorneys of RecordLaw Offices of George HendersonWCJWorkers' Compensation Appeals BoardFinal OrderSubstantive RightIrreparable Harm
References
5
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
Case No. Misc. No. 254
Significant
Jan 20, 2012

vs. Daniel Escamilla

The Workers' Compensation Appeals Board (WCAB) dismisses a petition for change of venue, denies a request for a stay, but grants a petition for removal. The Board affirms the order relieving the petitioner's counsel, continues the hearing, and sets a new pre-hearing conference schedule to allow the petitioner a final opportunity to obtain new counsel and prepare his case.

Petition for RemovalPetition for Change of VenueWorkers' Compensation Appeals BoardWCJRelief of CounselDue ProcessQuasi-Criminal ProceedingDelegation of AuthorityOffer of ProofSuspension or Removal of Privilege
References
2
Case No. ADJ1595121 (ANA 0369848) ADJ3409041 (ANA 0368368)
Regular
Jul 09, 2018

Victoriano Valadez, Marcos Arellano vs. Progressive Business Corporation, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Removal as untimely filed. The petition sought to overturn an order relieving the applicant's attorney, which occurred over eight months prior to the filing. While the Board would have denied the petition on its merits had it been timely, it emphasized that the WCJ's prior order relieving counsel was not a final determination of substantive rights. The WCAB also clarified that claims of attorney misconduct and requests for case files must be raised before the WCJ.

WCABPetition for RemovalOrder Relieving Attorney of RecordPetition for ReconsiderationUntimely FilingIncarcerated ApplicantGraiwer & KaplanLLPWithdrawal of CounselProcedural Order
References
5
Case No. ADJ2528253 [VNO 0109315] ADJ4079159 [VNO 0110903] ADJ1557998 [VNO 0100061] ADJ1727207 [VNO 0120684]
Regular
Sep 19, 2008

GORDON BERGELSON vs. SPORTSCOACH CORPORATION OF AMERICA, RSKCO

The Appeals Board dismissed the applicant’s petition for reconsideration of the WCJ’s July 15, 2008 order relieving applicant’s counsel. The order relieving counsel is not a final order subject to reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Granting Petition to Be Relieved as CounselWorkers' Compensation Administrative Law JudgeInterlocutory Procedural OrdersFinal OrderSubstantive RightLiability of PartiesAttorney-Client RelationshipSignificant Prejudice
References
7
Case No. ADJ1030732 (OXN 0137440) ADJ503798 (OXN 0137441) ADJ3788329 (OXN 0137713)
Regular
Jul 07, 2008

TERESITA C. DOMINGO vs. HONEYWELL, INC., ZURICH NORTH AMERICA, FINLAY FINE JEWELRY CO., CHUBB GROUP OF INSURANCE COMPANIES

This case involves applicant's counsel, Olive Richards, seeking attorney fees. The WCJ initially denied her petition for fees due to a lack of specific legal actions and a Bill of Particulars. While counsel has now filed a Bill of Particulars, the Board dismissed her Petition for Reconsideration as it was not taken from a final order. The Petition for Removal was also denied, as counsel failed to demonstrate substantial prejudice or irreparable harm, allowing the matter to return to the trial level for a ruling on fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAttorney FeesBill of ParticularsFinal OrderInterlocutory DecisionSubstantive RightWCJ Report and RecommendationApplicant Counsel
References
10
Case No. ADJ17477426
Regular
Jul 28, 2025

GEORGENIA BROCKS vs. COUNTY OF CONTRA COSTA, DEPARTMENT OF CHILDREN AND FAMILY SERVICES

Applicant Georgenia Brocks filed a Petition for Removal concerning a Stipulated Award, alleging duress. The Workers' Compensation Appeals Board treated the petition as one for reconsideration. The Board determined that the petition for reconsideration was premature, as it sought to challenge an interlocutory decision rather than a final order. Consequently, the Board dismissed the petition and remanded the matter to the trial level. The WCJ is instructed to treat the petition as one to set aside the order and to clarify the situation regarding the applicant's attorney's petition to be relieved as counsel.

Petition for ReconsiderationStipulated AwardPetition for RemovalPetition to Set AsideLabor Code Section 590960-day periodTransmission of CaseEAMSFinal OrderInterlocutory Order
References
14
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
18
Case No. ADJ2349671 (LAO 0787649) ADJ678557 (POM 00245222) ADJ767632 (POM 00245221)
Regular
Apr 19, 2010

BLAS MARIN vs. WEST COAST COMMUNICATIONS, and CONTINENTAL CASUALTY COMPANY

Applicant Blas Marin's petition for reconsideration of the Compromise and Release (C&R) is denied as untimely filed, though issues regarding fraud in the C&R execution can be pursued via a petition to reopen for good cause. Lien claimant Southern California Mental Health & Assessment Centers/Azadeh Rahimi, Ph.D.'s petition for reconsideration is granted because the Workers' Compensation Judge (WCJ) improperly disallowed the lien without following proper procedure. The WCJ's order disallowing the lien is rescinded, and the matter is returned for further proceedings. Applicant's counsel was substituted on January 22, 2010, rendering previous filings by former counsel invalid.

Workers' Compensation Appeals BoardBlas MarinWest Coast CommunicationsContinental Casualty CompanyCNA Claim PlusGallagher Bassett ServicesADJ2349671ADJ678557ADJ767632Petition for Reconsideration
References
11
Case No. ADJ8988577
Regular
Jan 03, 2015

GUILLERMINA AGUILAR vs. CERTIFIED CONCIERGE SERVICES/OASIS OUTSOURCING

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of a trial setting order, finding it was not a final order. The WCAB also denied the defendant's petition for removal, finding no significant prejudice or irreparable harm from proceeding to trial on injury AOE/COE. However, the WCAB granted removal on its own motion to issue a notice of intent to sanction the defendant and defense counsel for filing a frivolous petition in bad faith, potentially imposing up to \$1,500 plus costs. The Board cited prior similar findings against the same defendant and counsel as a basis for the potential sanctions.

Petition for ReconsiderationPetition for RemovalAOE/COE trialmandatory settlement conferenceQualified Medical ExaminerQME panelnon-final ordersanctionsbad faith filingLabor Code Section 3600(a)(10)
References
1
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