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

Case No. ADJ7908284
Regular
Apr 21, 2016

MARIA MURILLO vs. FEDEX SMART POST, PROTECTIVE INSURANCE

This case involves Maria Murillo's workers' compensation claim against FedEx Smart Post. The Workers' Compensation Appeals Board (WCAB) dismissed Murillo's petition for reconsideration. The dismissal was based on the petition being untimely filed, as it was submitted more than 25 days after the Administrative Law Judge's decision. The WCAB emphasized that timely *receipt* by the Board, not just mailing, is required to meet jurisdictional filing deadlines. Therefore, the WCAB lacked the authority to consider the petition.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDISMISSEDUNTimelyLABOR CODECALIFORNIA CODE OF REGULATIONSJURISDICTIONALWCJ DECISIONSERVICE BY MAILPROOF OF MAILING
References
4
Case No. ADJ7872929
Regular
Aug 26, 2013

SAMUEL FRANCO vs. JCT COMPANY, INC.; FIRSTCOMP OMAHA, ENDURANCE SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the appealed order was not a final order. However, the WCAB granted the applicant's alternative Petition for Removal, recognizing significant prejudice to the applicant due to the inconvenience and cost of appearing at the Long Beach District Office. Consequently, the WCAB ordered the case transferred to the Van Nuys District Office for venue. The WCAB also cautioned the applicant's attorney regarding the inappropriate filing of a reconsideration petition on a non-final order.

Petition for ReconsiderationRemovalPetition to Change of VenueWCJCumulative Industrial InjuryDelivery DriverLower ExtremitiesBackHipHernia
References
13
Case No. DC-13-04564-L
Regular Panel Decision
Apr 16, 2015

in Re: Island Hospitality Management, Inc., Post Properties, Inc. and Post Addison Circle Limited Partnership

Plaintiff Jane Doe filed a lawsuit alleging sexual assault and related damages, including mental anguish. Her designated psychologist, Dr. William Flynn, conducted a mental examination. Defendants Island Hospitality Management, Inc., Post Properties, Inc., and Post Addison Circle Limited Partnership sought an independent psychological examination of the plaintiff by their expert, Dr. Lisa Clayton. The district court initially denied this motion, and subsequently denied the defendants' joint motion for reconsideration. This mandamus record documents the appellate review of this discovery dispute.

Sexual AssaultMental AnguishPsychological ExaminationDiscovery DisputeForensic PsychologyPremises LiabilityMandamus PetitionCivil ProcedureExpert WitnessTexas Law
References
59
Case No. ADJ7671197, ADJ7148461
Regular
Jan 30, 2017

RICO LAZZERESCHI vs. WASTE MANAGEMENT OF ALAMEDA COUNTY, ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case involves petitions for reconsideration filed by both the applicant and defendant concerning a November 9, 2016, Findings and Award related to industrial injuries sustained in 2009 and 2010. The Appeals Board dismissed both petitions as skeletal, finding they failed to meet procedural requirements for specificity and record citation. However, the Board granted removal on its own motion to transfer venue for one of the cases to the San Francisco District Office, agreeing with the WCJ's findings on the merits.

Workers' Compensation Appeals BoardFindings and Awardindustrial injurypermanent disabilitySupplemental Job Displacement VoucherPetition for Reconsiderationskeletal petitionremovalvenue transferWCJ Report
References
0
Case No. ADJ1117931 (LAO 0743685) ADJ1499748 (LAO 0743689) ADJ4716197 (LAO 0743687)
Regular
May 26, 2010

CARMEN LICEA vs. ZACKY FARMS; Administered By BUCKEYE CLAIMS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the WCJ's order denying the admission of additional evidence and witnesses was an interlocutory procedural order, not a final determination of substantive rights. The WCAB denied the applicant's petition for removal, finding no showing of prejudice or irreparable harm. Furthermore, the WCAB denied the applicant's petition to disqualify the WCJ, noting the lack of a required affidavit and finding no evidence of bias or enmity. Ultimately, all of the applicant's post-order filings were denied.

Workers' Compensation Appeals BoardCarmen LiceaZacky FarmsBuckeye Claims AdministratorsPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJDr. Procciwork function impairment form
References
8
Case No. 15-10243; 15-12329
Regular Panel Decision
Mar 08, 2019

Corporate Res. Servs., Inc. v. Wells Fargo Bank, N.A. (In re TS Emp't, Inc.)

James S. Feltman, the Chapter 11 Trustee for TS Employment, Inc. (TSE) and Corporate Resource Services, Inc. (CRS) Debtors, initiated an adversary proceeding against Wells Fargo, N.A. and Wells Fargo Financial Leasing, Inc. The Trustee sought to recover various transfers made to Wells Fargo, including $4.1 million in fees, a $2.5 million payroll overdraft, post-petition bank charges totaling $439,710.58, and a $240,220.26 WFFL copier lease payment, based on theories of constructive fraudulent transfer and preference. The Court found in favor of the Trustee for the $4.1 million in fees and the $439,710.58 in post-petition bank charges, deeming them excessive, punitive, or in violation of the automatic stay. However, the Trustee's claims regarding the $2.5 million payroll overdraft and the WFFL copier lease payment were denied. The Court also ordered an accounting for reimbursed legal fees to determine the recoverable portion.

BankruptcyFraudulent TransferPreferenceAutomatic StayDebtor and Creditor LawChapter 11Receivables FinancingCash ManagementIndemnificationLegal Fees
References
46
Case No. ADJ1951702 (VNO 0439183) ADJ2261665 (VNO 0439166)
Regular
Sep 13, 2013

DAVID OROZCO vs. REINFORCING POST TENSION, ZURICH

This case concerns a Petition for Reconsideration filed by David Orozco. The Workers' Compensation Appeals Board reviewed the petition and the accompanying Report and Recommendation. Ultimately, the Board found the petition to be moot. Consequently, the Board has issued an order dismissing the Petition for Reconsideration.

Petition for ReconsiderationmootdismissedWorkers' Compensation Appeals BoardWCJadministrative law judgeReinforcing Post TensionZurichADJ1951702ADJ2261665
References
0
Case No. ADJ6906053
Regular
May 11, 2016

JILL PENNINGTON vs. HOME FRONT, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because it challenged a non-final procedural order requiring further development of the record on orthopedic issues. The Board also denied the applicant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm. Removal is an extraordinary remedy that requires a higher burden of proof than reconsideration. Therefore, both of the applicant's post-decision challenges were rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFindings of Fact and OrderInjury to body partsFurther development of recordNon-final orderSubstantive right or liabilityThreshold issueInterlocutory procedural decisions
References
6
Case No. ADJ4125031
Regular
Nov 02, 2015

JUDY WRIGHT vs. WASHINGTON MUTUAL, ZURICH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration, holding that interlocutory procedural orders, like the order vacating submission, are not final decisions subject to reconsideration. The Board also denied the defendant's Petition for Removal, finding no showing of substantial prejudice or irreparable harm. The WCJ's order to have the Agreed Medical Examiner comment on post-surgery status remains in effect. The matter will return to the WCJ for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Vacating SubmissionAgreed Medical ExaminerPermanent ImpairmentSpinal Fusion Surgery1997 Schedule for Rating Permanent Disability2005 ScheduleDue Process
References
9
Case No. ADJ9436868, ADJ9319204
Regular
Sep 06, 2017

SALVADOR GUZMAN vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board denied Thomas C. Nguyen's petition for reconsideration and dismissed his petition for removal. Nguyen sought to overturn a $1,001 sanction imposed by the WCJ for failing to transfer a case file to the applicant's new attorney. The Board found the sanctions order to be a final order, rendering removal inappropriate. They adopted the WCJ's reasoning that Nguyen's excuses for non-compliance, including mail delivery issues, were not credible or excusable.

Workers' Compensation Appeals BoardReconsiderationRemovalSanctionsWCJCase File TransferProfessional ConductFinal OrderExtraordinary RemedyRule 10848
References
5
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