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

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. ADJ6602419
Regular
May 24, 2010

SIPRIANO MARTINEZ (Deceased) MARINA MARTINEZ (Widow) vs. BOLTHOUSE FARMS, ALL AMERICAN RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order denying a change of venue because the order was procedural, not final. However, the WCAB granted the defendant's petition for removal, finding that the denial of venue change to Bakersfield was an error. The Board concluded that the defendant sufficiently demonstrated good cause under Labor Code section 5501.6 for a venue change to Bakersfield, where the applicant and witnesses reside and the events occurred. Therefore, venue was changed to the Bakersfield District Office.

Petition for ReconsiderationPetition for RemovalOrder Denying Change of VenueLabor Code section 5501.6(b)Due ProcessBakersfield District OfficeSan Francisco District OfficeFinal OrderProcedural OrderPanel Qualified Medical Evaluator
References
4
Case No. ADJ7222753
Regular
Aug 26, 2010

ADAM YASSIR vs. OFFICE OF THE SECRETARY OF STATE, STATE COMPENSATION INSURANCE FUND, INSURED PLEASANTON

The Appeals Board dismissed the applicant's Petition for Reconsideration because the underlying Order Granting Petition for Change of Venue was not a final order, and therefore not subject to reconsideration. The Board also denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm required for such extraordinary relief. Applicant's contention that defendant's counsel lacked standing due to no filed Notice of Representation was also implicitly rejected. The Board affirmed the administrative law judge's decision to change venue from San Francisco to Sacramento.

Petition for ReconsiderationPetition for RemovalChange of VenueLabor Code Section 5501.5(c)Final OrderSubstantive RightsIrreparable HarmExtraordinary RemedyDiscretionary PowerWCJ
References
5
Case No. ADJ7038469
Regular
Sep 17, 2014

AZIZA SAYED vs. GIORGIO ARMANI, FEDERAL INSURANCE COMPANY

The defendant's petition to appeal an Administrative Director's Independent Bill Review (IBR) determination was dismissed. The Board found the petition premature as it was not first heard by a trial level Workers' Compensation Judge (WCJ). Additionally, the petition failed to comply with numerous procedural requirements, including proper captioning, verification, service, and stating specific grounds for appeal. Consequently, both the petition for reconsideration and the petition appealing the IBR determination were dismissed.

Workers' Compensation Appeals BoardIndependent Bill ReviewPetition for ReconsiderationAdministrative DirectorLabor Code section 4603.6MAXIMUS Federal ServicesInc.Lien claimantOfficial Medical Fee ScheduleWCAB Rules of Practice and Procedure
References
0
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. 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. 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. 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. ADJ3020236 (MON 0237639) ADJ3564389 (MON 0237640)
Regular
Dec 07, 2011

RICHARD BECKSTEAD vs. PERFORMANCE AUTOMOTIVE; FREMONT in liquidation by CIGA, administered by XCHANGING; GRANITE STATE INSURANCE, administered by CHARTIS, formerly known as AIG

The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration filed by the defendants. The dismissal was based on the petition being untimely, as it was filed more than 25 days after the original Finding of Fact and Order was issued on September 1, 2011. The Board adopted the administrative law judge's report, which detailed the untimeliness according to relevant labor and civil procedure codes. The defendants were also advised they could petition for a change of administrator if found not liable in subsequent proceedings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationuntimelyWCJLabor Code section 5903Code of Civil Procedure section 1013dismissedFinding of Fact and OrderXCHANGINGCIGA
References
0
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