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

Case No. ADJ2501619 (OAK 0286955)
Regular
Nov 10, 2008

JAMES BRADFORD vs. MCMILLAN BROS. ELECTRIC, INC., PACIFIC EAGLE INSURANCE CO./tpa SEABRIGHT INSURANCE CO.

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petitions for reconsideration, removal, and stay of execution. The petition for reconsideration was dismissed as untimely because it was filed with the Appeals Board more than 25 days after the arbitrator's decision. The Board also lacked jurisdiction to grant the petition for removal or stay of execution, as these actions are not permitted for an arbitrator's decision in a Labor Code section 3201.5 carve-out case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for Stay of ExecutionUntimely FilingLabor Code Section 3201.5Carve-out CaseArbitrator's DecisionJurisdictionAppeals Board Rule 10865
References
4
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. MON 0212034
Regular
Mar 14, 2008

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's petition, deeming it an improper reconsideration of a non-final order. The WCAB construed the applicant's request as a petition for removal, which it denied, upholding the WCJ's discretion to prohibit videotaping of proceedings. The decision emphasizes that a party's right to videotape hearings is within the WCJ's sound discretion and not a guaranteed right.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalRequest for Judicial NoticeVideotape ProceedingsWCJ DiscretionFinal OrderSubstantial PrejudiceIrreparable HarmVacating Order
References
0
Case No. ADJ6593388
Regular
Oct 21, 2014

JENNIFER GARRETT vs. HIGH DESERT MEMORIAL HOSPITAL DISTRICT, ALPHA FUND

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the applicant's Petition for Reconsideration because it was filed against a non-final, procedural order directing an AME to issue a supplemental report. The Board also denied the applicant's Petition for Removal, finding no substantial prejudice or irreparable harm, as removal is an extraordinary remedy. The applicant's contention that she had a due process right to a new PQME was based on mere speculation about the AME's report. The Board admonished the applicant's counsel for filing the inappropriate petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAgreed Medical EvaluatorSupplemental ReportQualified Medical Evaluator PanelInterlocutory OrderFinal OrderSubstantive RightIrreparable Harm
References
11
Case No. ADJ8381652
Regular
Feb 07, 2014

CARLOS CABRERA RAZO vs. LAS POSAS COUNTRY CLUB, HARTFORD INSURANCE CO.

This case concerns the timeliness of an applicant's strike from a Qualified Medical Evaluator (QME) panel. The Appeals Board vacated its previous grant of reconsideration, dismissed the defendant's Petition for Reconsideration, and denied their Petition for Removal. The Board determined that Labor Code section 4062.2, as amended by SB 863 effective January 1, 2013, applies to pending matters, including this case with a 2012 date of injury. Applying the amended statute and Code of Civil Procedure section 1013(a), the applicant had 15 days from the Administrative Director's assignment of the QME panel to strike a name. The applicant's strike on the 12th day was therefore timely, affirming the Workers' Compensation Judge's decision.

Workers' Compensation Appeals BoardQualified Medical EvaluatorPetition for ReconsiderationPetition for RemovalLabor Code Section 4062.2(c)Senate Bill 863Administrative DirectorCumulative Trauma InjuryQME Panel AssignmentCode of Civil Procedure 1013
References
6
Case No. ADJ639449 (OAK 0289033) ADJ2403931 (OAK 0288994)
Regular
Apr 16, 2009

MYRON SILVA vs. NGK METALS CORP./FM INDUSTRIES, AMERICAN HOME/AIG

The WCAB vacated its prior reconsideration order and dismissed Everest's petition as untimely. However, it granted removal to address Everest's contention that AIG should administer the award. The Board found that AIG is liable for a specific injury and the majority of a cumulative trauma period, and therefore, AIG will now administer the award with the right to seek contribution from Everest.

WCABRemovalReconsiderationAdministration of AwardContribution RightsSpecific InjuryCumulative TraumaLabor Code Section 5500.5Agreed Medical ExaminationLiability Apportionment
References
3
Case No. ADJ8531754
Regular
Mar 11, 2019

ARTURO TRUJILLO vs. TIC THE INDUSTRIAL COMPANY, THE HARTFORD INSURANCE

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the defendant's petition for reconsideration. The WCAB granted the defendant's petition for removal, rescinded the WCJ's findings and orders, and returned the case to the trial level for further proceedings. This decision stemmed from a dispute over whether an Agreed Medical Evaluator's (AME) interview with the applicant's wife and the applicant's provision of medical records at the AME's deposition constituted impermissible ex parte communication. The WCAB found that the interview with the wife was permissible as a collateral source to supplement the applicant's potentially impaired memory due to a brain injury, and that the provision of records at the deposition was not ex parte as the defendant was present. However, the WCAB remanded the case for the WCJ to determine if the applicant improperly provided information to the AME, as parties must agree on what information is provided to an AME.

Agreed Medical EvaluatorEx Parte CommunicationPetition for RemovalMedical-Legal ReportingCollateral InterviewApplicant's WifeDepositionsMedical RecordsSubstantial EvidenceLabor Code Section 4062.3
References
20
Case No. ADJ8521155
Regular
Sep 02, 2014

VICENTE AGUILAR vs. U-TURN SEVEN CORPORATION, EMPLOYERS COMPENSATION INSURANCE COMPANY, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and denied the petitions for reconsideration filed by Employers Compensation Insurance Company and Star Insurance Company. The WCAB adopted the WCJ's report, finding Star's petition contained inflammatory and intemperate language that impugned the integrity of the WCJ and the Board. Consequently, the WCAB granted removal on its own motion and issued a notice of intent to sanction Star and its attorney for approximately $1,500 due to these statements.

Workers' Compensation Appeals BoardVicente AguilarU-Turn Seven CorporationEmployers Compensation Insurance CompanyStar Insurance CompanyFindings and Awardcumulative injurybilateral handswristsarms
References
1
Case No. ADJ6677451
Regular
Dec 24, 2013

ANTONIO VALENZUELA vs. MCCALL'S NURSERIES, INC.; HORTICA INSURANCE & EMPLOYEE BENEFITS

The Appeals Board dismissed the defendant's petition for reconsideration. The Board granted the defendant's petition for removal, finding the WCJ improperly vacated earlier orders dismissing lien claims. The WCJ lacked authority to act after an untimely lien claimant petition for reconsideration. Therefore, the Board rescinded the WCJ's order vacating the lien dismissals.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Vacating Lien DismissalsLien Activation FeeMandatory Settlement ConferenceDue ProcessUltra ViresWCAB Rule 10500(b)WCAB Rule 10859
References
4
Case No. ADJ10559387 (VNO 0423516)
Regular
Apr 13, 2020

DAVE ZADA vs. ALPRO MILL WORKING, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's Petition for Reconsideration. The WCAB found the petition to be skeletal, lacking specific grounds, failure to cite the record, and crucially, it was not verified as required by Labor Code section 5902. No timely cure or explanation was provided for the unverified petition. The WCAB also noted that it would have denied the petition on the merits based on the WCJ's report had procedural defects not led to dismissal.

Petition for ReconsiderationSkeletal PetitionUnverified PetitionLabor Code § 5902Appeals Board RulesWCJ ReportVacating GrantDismissing PetitionVerification RequirementMaterial Evidence
References
7
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