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

Case No. MISSING
Regular Panel Decision

C&D TECHNOLOGIES, INC. v. International Ass'n of Heat and Frost Insulators & Asbestos Workers

This case involves cross-motions to vacate and confirm a labor arbitration award. Plaintiff C & D Technologies sought to set aside an award where Arbitrator Sheila Cole found the company violated its collective bargaining agreement by changing the "six week average" pay calculation. Defendant Local sought to confirm the award. The District Court, presided over by Judge McMahon, reviewed whether the arbitrator exceeded her powers under the Federal Arbitration Act, Section 10(a)(4). The court found that the arbitrator did not exceed her powers, properly interpreted the ambiguous contract language, and her decision was rational. Consequently, the court denied the motion to set aside, granted the cross-motion to confirm the arbitration award, and dismissed the petition.

ArbitrationCollective Bargaining AgreementLabor DisputeFederal Arbitration ActContract InterpretationManifest Disregard for LawVacaturConfirmation of AwardSix Week Average PayWage Calculation
References
7
Case No. ADJ1377755 (FRE 0242857) ADJ1891281 (FRE 0242858)
Regular
Oct 11, 2010

RUDOLPH GUTIERREZ vs. DERREL'S MINI STORAGE, BERKSHIRE HATHAWAY HOMESTATE, CO.

The Workers' Compensation Appeals Board dismissed Applicant Gutierrez's petition for reconsideration of a January 19, 2010 stipulation and order. Applicant contended the settlement was not secured with his consent. The Board treated his petition as a motion to set aside the award. The case is returned to the trial level for the judge to consider the set-aside petition and conduct further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition to Set AsideStipulation and OrderPro SeAdministrative Law JudgeDismissedReturned to Trial LevelAwardConsent
References
0
Case No. ADJ1186781 (VNO 0516635) ADJ1590743 (VNO 0552326)
Regular
Jun 10, 2013

DANA BONSALL vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Defendant County of Los Angeles petitioned to set aside an order compelling payment of $14,500 to lien claimant, The 4600 Group. The defendant argued the order was based on mistake, as they were unaware of prior payments made to Burbank Podiatry, which was part of the lien claim. Crucially, the assigned judge realized she was disqualified due to previously serving as defense counsel in this matter. The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.

WCABPetition to Set AsideStipulation and OrderLien ClaimantWCJ DisqualificationRule 9721.12(c)(2)Good CauseRescinded OrderRemandBurbank Podiatry
References
0
Case No. ADJ3502038 (VNO 0531200) ADJ3850322 (VNO 0531201)
Regular
Oct 21, 2010

MARIA DE LA LUZ PADILLA vs. SUNRISE SENIOR LIVING, INC., HOME ASSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration of a Stipulations and Award (S&A) regarding applicant's neck, shoulder, and chest injuries. The defendant claimed mutual mistake and delays by applicant's attorney as grounds to set aside the S&A. However, the WCAB found these allegations insufficient to overturn the executed contract. The matter is returned to the trial level for further proceedings on the defendant's separate petition to set aside the S&A, due to apparent procedural irregularities.

Stipulations and AwardPetition for ReconsiderationPetition to Set AsideMutual Mistake of FactGood CauseDelay in ApprovalService of DocumentEthical BreachesTrial Level ProceedingsWorkers' Compensation Judge
References
2
Case No. ADJ4557085 (OAK 0344618)
Regular
May 13, 2009

NATALIYA BULANKINA vs. CARE FOR SENIORS AND CALIFORNIA INSURANCE COMPANY, C/O APPLIED RISK SERVICES

The Appeals Board denied the applicant's petition for reconsideration of a Compromise and Release (C&R) settlement. The applicant, claiming language barriers and misunderstanding, argued the settlement was inadequate and sought to set it aside. While the Board found the applicant's filing did not meet the criteria for reconsideration, they are returning the case to the trial level. This will allow the judge to consider the applicant's April 7, 2009 letter as a petition to reopen the C&R for good cause, such as alleged fraud or misunderstanding. The applicant will bear the burden of proving her allegations with evidence to justify setting aside the settlement.

Compromise and ReleasePetition for ReconsiderationPetition to ReopenGood CauseSet Aside OrderInterpreterSelf-Represented ApplicantDuressUndue InfluenceFraud
References
8
Case No. ADJ16777493
Regular
May 12, 2025

Eduardo Magallon vs. People Ready/True Blue, AIU Insurance

Applicant Eduardo Magallon sought reconsideration of a Findings and Order (F&O) issued on February 19, 2025, which denied his petition to set aside an Order Approving Compromise and Release (C&R) from May 23, 2023. Magallon contended he was unable to make decisions about his claim and that the C&R should be set aside due to fraud, mistake, or duress. The Workers' Compensation Judge (WCJ) found no such grounds, as Magallon admitted understanding the settlement terms and was not coerced. The Appeals Board granted reconsideration solely to clarify that Magallon's petition to set aside the C&R is denied, and otherwise affirmed the F&O.

Workers Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseSet Aside SettlementFraudMistakeDuressGood CauseStipulationsInformation and Assistance Officer
References
10
Case No. ADJ4414084 (MON 0351669) ADJ725833 (MON 0351670)
Regular
Aug 30, 2018

IRMA ARZOLA vs. SHERWOOD MANAGEMENT, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a lien claimant's petition to set aside a stipulation and for reconsideration. The petition was deemed "skeletal" for failing to adequately detail grounds, cite evidence, or articulate legal principles. Additionally, the petition was dismissed because proof of service on adverse parties was not provided, violating Labor Code and Appeals Board Rules.

Petition to Set AsidePetition for ReconsiderationSkeletal PetitionProof of ServiceAdverse PartiesLabor Code § 5902Labor Code § 5905Cal. Code Regs. § 10842Cal. Code Regs. § 10846Cal. Code Regs. § 10852
References
8
Case No. ADJ7785865
Regular

FABIOLA MARTINEZ vs. PRIORITY BUSINESS SERVICES, INC., TRAVELERS

The defendant sought removal of the WCJ's order rescinding a Compromise and Release (C&R), arguing the applicant's petition to set aside was untimely. The Appeals Board dismissed the defendant's petition due to improper service. However, the Board granted removal on its own motion, rescinded the WCJ's order, and returned the matter for a hearing on the applicant's petition to set aside the C&R. This decision acknowledges the applicant's petition was indeed untimely, but asserts the Board's authority to review the C&R for good cause under Labor Code section 5803.

Workers' Compensation Appeals BoardPetition for RemovalOrder Approving Compromise and ReleasePetition to Set Asideuntimely petitionPro Per ApplicantWCJremoval on Appeals Board motionGood CauseLabor Code Section 5803
References
5
Case No. ADJ16688719
Regular
Apr 03, 2023

MARIA SOTO vs. A&J CLEANING SERVICES INC., CLEAR SPRING PROPERTY AND CASUALTY COMPANY administered by TRISTAR LOS ANGELES

Defendant A&J Cleaning Services sought reconsideration of an approved Compromise and Release (C&R) due to an alleged mutual mistake regarding the applicant's true employer. The Board dismissed the petition as premature because the defendant's claim essentially functioned as a petition to set aside the C&R. The matter is returned to the trial level for the WCJ to treat the filing as a petition to set aside, conduct a hearing, and gather evidence on the employer identity dispute. Following the WCJ's decision, any aggrieved party may then file a new petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseMutual MistakeIdentity of EmployerPetition to Set AsideGood CauseDue ProcessFair HearingLabor Code Section 5803
References
18
Case No. LAO 0827498
Regular
Jun 09, 2008

JUAN C. FUENTES vs. J & J SNACK FOODS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration regarding stipulations to pay lien claimants. The Board found that the defendant's petition was not properly filed as a petition for reconsideration but rather as a petition to set aside the stipulations. The case is returned to the trial level for the WCJ to address the petition to set aside.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations and OrdersLien ClaimantsPremier Medical Management SystemsOrder of Consolidation and StayMisrepresentation of FactPetition to Set AsideLabor Code Section 5903County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall)
References
1
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