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

Case No. ADJ7793819 ADJ8527743 ADJ7742174
Regular
Jun 06, 2013

EVERETT JOHNSON vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, CORVEL

The Board dismissed the defendant's Petition for Reconsideration as moot because the order sought to be reconsidered was rescinded pending a decision on the applicant's petition to set aside the Compromise and Release. The defendant's Petition for Removal was also denied as they were not currently aggrieved. The matter is returned to the WCJ to hear and rule on the applicant's Petition to Set Aside Order Approving Compromise and Release. The defendant may seek reconsideration after a final order on the settlement is issued.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and Releaseattorney feesWCJset aside ordermisrepresentationfraudcumulative trauma
References
0
Case No. ADJ9343159, ADJ1368987 (MON0362038)
Regular
Sep 15, 2017

JAMES ISAAC vs. UNITED AIRLINES

The Workers' Compensation Appeals Board (WCAB) dismissed United Airlines' petition as procedurally improper. United Airlines filed a "Petition to Set Aside Order Approving Compromise and Release" instead of the correct "Petition for Reconsideration." The WCAB will return the matter to the Workers' Compensation Judge (WCJ) to address United Airlines' original petition. This ruling does not substantively rule on the merits of setting aside the compromise and release.

Petition to Set AsideOrder Approving Compromise and ReleasePetition for ReconsiderationWorkers' Compensation Appeals BoardWCJDismissedGallagher Bassett ServicesUnited AirlinesADJ9343159ADJ1368987
References
0
Case No. ADJ1653878 (VNO 0560916), ADJ4156597 (VNO 0561366)
Regular
Mar 21, 2019

ALFREDO BRIBIESCA vs. COLLISION 2000 AUTOBODY & PAINT, COLLISION 2000, INC., MINH V. LY, RAYMOND CAM

This case concerns a defendant's Petition for Reconsideration, which was dismissed as untimely. The petition was filed on January 23, 2019, but the deadline to file, based on the served Order Approving Compromise and Release on June 15, 2018, was July 10, 2018. Although the petition is dismissed procedurally, the Board noted the allegation of good cause to set aside the Compromise and Release. Therefore, the WCJ is directed to treat the petition as seeking to set aside the agreement for good cause and schedule a hearing.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeOrder Approving Compromise and ReleaseProof of ServiceGood CauseSet AsideDue Process
References
0
Case No. ADJ339464 (LBO 0318588)
Regular
Apr 22, 2019

MELVIN DEAN vs. M. B. HERZOG CORP., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) dismissed a former attorney's petition for reconsideration because it was untimely filed. The attorney sought to overturn an order approving a compromise and release, alleging her lien for attorney fees was improperly handled by current counsel and the WCJ. Although the petition was dismissed for jurisdictional reasons, the WCAB recommended the trial judge treat it as a petition to set aside the order due to allegations of extrinsic fraud or mutual mistake regarding the attorney's lien. A hearing will be necessary to present evidence and allow the WCJ to issue a decision on setting aside the compromise and release.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Approving Compromise and ReleaseLien ClaimantAttorney FeesTimelinessJurisdictional GroundsPetition to Set AsideExtrinsic FraudMutual Mistake
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. ADJ9797482
Regular
Nov 13, 2015

LATICIA PERKINS vs. MACY'S WEST STORES, INC.

This case involves an untimely Petition for Reconsideration challenging a $10,000.00 Compromise and Release settlement approved for an unrepresented applicant. The Appeals Board dismissed the reconsideration petition due to untimeliness but granted removal on its own motion to address the applicant's allegations of duress, coercion, and lack of understanding regarding her injury's permanent impairment rating. The Board rescinded the order denying the applicant's petition to set aside the settlement and suspended the original settlement approval. The matter is remanded for the WCJ to conduct further proceedings to determine if "good cause" exists to set aside the Compromise and Release.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationPetition to Set AsideRemovalDuressCoercionUndue InfluencePrimary Treating PhysicianPermanent and Stationary Report
References
5
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. ADJ11252070, ADJ11527187
Regular
Dec 04, 2018

Gregory Ruth vs. Swift Transportation

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration as premature. The applicant sought to set aside a compromise and release agreement, alleging duress and unauthorized representation in one of the case numbers. The Board found that there was insufficient evidence to assess the applicant's claims. Therefore, the matter was returned to the trial level for consideration of the applicant's claims as a petition to set aside the compromise and release.

Workers' Compensation Appeals BoardCompromise and ReleasePetition for ReconsiderationJoint Order ApprovingDuressSet Aside SettlementGood CauseProcedural IrregularitiesPremature PetitionTrial Level
References
9
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. ADJ8008163 ADJ9898937 ADJ9139955
Regular
Sep 06, 2016

Bruce Shannon vs. SANTA CLARA VALLEY TRANSPORTATION AGENCY

The Workers' Compensation Appeals Board dismissed Bruce Shannon's petition for reconsideration of three Compromise and Release Orders. The petition was deemed skeletal, lacking specific grounds, facts, and legal arguments to justify reconsideration. The Board treated Shannon's subsequent ex parte application as a petition to set aside the original orders, which should first be heard by the Workers' Compensation Judge. Until a decision is made on the petition to set aside, the Board dismissed the petition for reconsideration as premature.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAdministrative JudgePro PerEx Parte ApplicationRescinding OrdersInadequate SettlementLabor CodeElectronic Adjudication Management System
References
1
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