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

Case No. OAK 0273736 OAK 0331633 OAK 0284934
Regular
Oct 01, 2007

PAULETTE JOHNSON vs. DAY AREA RAPID TRANSIT and ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied a disqualification petition against WCJ Lilla J. Rados. Defendants claimed improper assignment to a mandatory settlement conference and bias due to a statement about applicant's supervisor's testimony. The Board found the statement insufficient to demonstrate bias and noted that procedural assignment rules do not constitute grounds for disqualification.

DisqualificationMandatory Settlement ConferenceWCJ BiasLabor Code Section 132aCumulative TraumaFindings and AwardCode of Civil Procedure Section 641Appearance of BiasWCAB Rule 10347Section 5700
References
Case No. ADJ1632140 (RDG 0130431)
Regular
Oct 10, 2008

SHARYN LYNNE SALA vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Legally Uninsured, and Adjusted By STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the order denying a change of venue was not a final order determining substantive rights or liabilities. Furthermore, the WCAB denied the applicant's petition for removal, finding no significant prejudice or irreparable harm to justify this extraordinary remedy, as the venue change followed procedural guidelines. Consequently, the applicant's request to have the case heard in Redding was denied, and the matter remains venued in Sacramento.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Denying Change of VenuePresiding Workers' Compensation Administrative Law JudgeLabor Code section 5501.5Convenience of ApplicantInterlocutory Procedural OrdersFinal OrderSubstantive RightLiability
References
Case No. ANA 0386138
Regular
Jun 18, 2008

CECIL MORTON vs. RALPH'S, Permissibly Self-Insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a defendant's timely petition for removal to reassign the Workers' Compensation Administrative Law Judge (WCJ) due to procedural irregularities. The Appeals Board granted the removal because the defendant was first notified of the trial judge assignment at a mandatory settlement conference and the assigned WCJ failed to follow proper procedure regarding an "Order Suspending Action" for alleged inadequacy. Consequently, the case is reassigned to a different WCJ to determine readiness for trial.

WCAB Rule 10453Petition for RemovalAutomatic ReassignmentWorkers' Compensation Administrative Law Judge (WCJ)Mandatory Settlement Conference (MSC)Order Suspending ActionAdequacyPolicy and Procedure ManualLabor Code section 5502(e)(3)Stipulations with Request for Award
References
Case No. ADJ10524342
Regular
May 18, 2017

ADAM HREHOR vs. CALIFORNIA HIGHWAY PATROL, GALLAGHER BASSETT

This case concerns a defendant's petition for reconsideration regarding a workers' compensation judge's finding of no apportionment for applicant's stipulated hypertension injury. The defendant argued the record needed further development for apportionment and that the WCJ erred in trial procedure. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and returned the matter to the trial level. This action was taken because the WCJ failed to incorporate stipulations into findings, issue an award, or follow proper procedures for undecided settlement issues.

ApportionmentHypertensionCalifornia Highway PatrolPolicy and Procedural ManualFindings of FactPetition for ReconsiderationPermanent DisabilityStipulationsAwardLabor Code Section 5313
References
Case No. ADJ2224397 (ANA 0397221)
Regular
Feb 16, 2016

MARK PAYNE vs. MBC CONSTRUCTION, REDWOOD FIRE \& CASUALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award. This was due to procedural errors, including the WCJ's failure to properly memorialize admitted evidence and stipulations. The applicant, unrepresented, was also denied the opportunity to present witnesses. The case is remanded for further proceedings, including a mandatory settlement conference and trial, to ensure a proper hearing record and decision. The Board emphasized adherence to procedures even for unrepresented claimants and encouraged seeking assistance from the Information and Assistance officer.

Petition for ReconsiderationFindings and AwardAgreed Medical EvaluatorPermanent DisabilityMinutes of HearingSummary of EvidenceSubstantial EvidenceMandatory Settlement ConferenceTrialWitness Testimony
References
Case No. ADJ7277939
Regular
Jan 11, 2011

MISUK BRIANS vs. WHOLE FOODS MARKET, ACE AMERICAN INSURANCE CO., GALLAGHER BASSETT SERVICES, INC.

In this Workers' Compensation Appeals Board case, the defendant sought removal after the judge took a mandatory settlement conference off calendar and demanded further responses. The Board granted removal, rescinding the judge's order and criticizing the procedural deviation from policy. The Board found the applicant's stipulations adequate despite the defendant's withdrawal of agreement. The Board will approve the stipulations unless either party objects in writing within twenty days.

Petition for RemovalMandatory Settlement ConferenceStipulations with Request for AwardOrder Taking MSC Off CalendarWorkers' Compensation Appeals BoardWCJLabor Code section 5502(a)Policy and Procedure Manual section 1.91(C)(3)Status ConferenceAdequacy
References
Case No. ADJ10232182
Regular
Jul 07, 2017

JOSE SAENZ vs. WILLIAM STOESSER, CLAIRE WERNER, REBECCA B. PISCITELLI 2012 SPECIAL TRUST DATED 12/21/2012, ADAM W. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, BENJAMIN C. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, STATE FARM INSURANCE

This case involves a workers' compensation claim where the applicant, Jose Saenz, was injured on April 10, 2015. State Farm sought reconsideration of an arbitrator's finding that four of its insurance policies provided coverage. The Appeals Board granted reconsideration, finding the arbitrator's coverage determination premature. The Board rescinded the prior order and returned the matter to the trial level for a determination of who constitutes the applicant's employer(s) before insurance coverage issues can be addressed.

Workers Compensation Appeals BoardPetitions for ReconsiderationDecision After ReconsiderationWilliam StoesserClaire WernerRebecca B. Piscitelli 2012 Special TrustAdam W. Buck 2012 Special TrustBenjamin C. Buck 2012 Special TrustState Farm InsuranceHomeowner's Policy
References
Case No. ADJ7252567
Regular
Apr 28, 2011

CURT HARRIS vs. CAR QUEST, LIBERTY MUTUAL INSURANCE COMPANY

The applicant, Curt Harris, filed a document requesting a change of venue for his workers' compensation case. This document was not verified and was not served on all parties. The Appeals Board construed this as a petition for removal, which is subject to specific procedural rules. Because the petition was untimely filed and failed to meet verification and service requirements, the Workers' Compensation Appeals Board dismissed it.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueVerified DocumentTimelinessWCAB Rule 10843PWCJOrder DenyingUnverifiedImproper Service
References
Case No. ADJ8663684
Regular
Jul 19, 2013

VICENTE URENA ANZALDO vs. REPUBLIC REFRIGERATION, HARTFORD INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's challenges regarding a finding of industrial injury and California jurisdiction. While agreeing with the finding of California jurisdiction, the Board rescinded the original and amended decisions due to procedural errors by the WCJ in addressing the industrial injury issue. The Board issued a new decision finding only that California has jurisdiction over the applicant's claimed injury.

ReconsiderationFindings of FactJurisdictionIndustrial InjuryAmended FindingsWCJ ErrorAppeals Board RulePolicy and Procedural ManualRescindSubstitute
References
Case No. ADJ7158520
Regular
May 24, 2010

MELISIA BANKS vs. LARKIN STREET YOUTH CENTER, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over a proposed Compromise and Release (C&R) settlement. The WCJ improperly attempted to gather further medical evidence by directly contacting the applicant's physician, exceeding his authority. The Appeals Board dismissed reconsideration because the WCJ's order was not final, but granted removal due to the prejudice caused by the WCJ's procedural overreach. The case was returned to the trial level for proper proceedings to determine the adequacy of the C&R.

Workers' Compensation Appeals BoardDismissing ReconsiderationGranting RemovalCompromise and ReleaseSupplemental Medical ReportPrimary Treating PhysicianActivities of Daily LivingAlmaraz-GuzmanExcess of AuthorityDue Process
References
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