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

Case No. ADJ8782991, ADJ8783990
Regular
Aug 08, 2013

CHANTELLE LOPEZ vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal seeking to rescind an order continuing the case to trial. The Board found the petition to be procedurally deficient as it was unverified and lacked a showing of significant prejudice. While the defendant correctly argued the cases shouldn't have been set for a priority conference due to admitted injuries, the conference effectively served as a settlement conference, and the trial is not limited to just temporary disability. The Board affirmed that the trial may proceed on all issues identified in the Pre-Trial Conference Statement.

Workers Compensation Appeals BoardPetition for RemovalPriority ConferenceMandatory Settlement ConferencePre-Trial Conference StatementDeclaration of Readiness to ProceedWCJUnverified PetitionPrimary Treating PhysicianMedical-Legal Process
References
1
Case No. ADJ9689895
Regular
Sep 19, 2025

ROBERT GONZALES vs. NORTHROP GRUMMAN SERVICES CORPORATION, AIG

The Appeals Board denied Northrop Grumman's petition for removal, finding no substantial prejudice or irreparable harm. The defendant argued the judge erred by not requiring a pre-trial conference statement at the mandatory settlement conference and by setting the matter for trial without notice of issues. However, the Board noted that defendant's own actions invited or waived the alleged error, and a subsequent filing of the statement rendered the argument moot. Removal is an extraordinary remedy, and reconsideration is an adequate remedy for any potential adverse decision.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMandatory Settlement ConferencePre-Trial Conference StatementTriable IssuesLabor Code Section 5811WCAB Rule 10515DemurrersPetitions for Judgment on Pleadings
References
2
Case No. ADJ2237512 (LAO 0800529), ADJ2160716 (LAO 0800527), ADJ634371 (LAO 0817484)
Regular
Sep 09, 2015

MARIA MORALES vs. UNIVERSAL FURNITURE, AIG PROPERTY CASUALTY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Appeals Board denied applicant's Petition for Removal, finding no substantial prejudice or irreparable harm. The applicant argued that a deadline to complete pre-trial conference statements caused significant prejudice, but the Board found ample opportunity for discovery and preparation had been provided. The Board noted the trial judge properly set the matter for trial according to statutory requirements. Accordingly, removal was denied, and the case will proceed to trial.

Petition for RemovalPre-Trial Conference StatementIndustrial InjuryMultiple Body PartsCumulative InjuryDeclaration of Readiness to ProceedMedical EvaluationMinutes of HearingStipulations and IssuesWCJ
References
3
Case No. ADJ885979 (LBO 0310057)
Regular
Feb 20, 2014

WALTER CERVANTES vs. UNITED AIRLINES INFLIGHT SERVICES, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal to address the WCJ's exclusion of the Labor Code section 5402 presumption of compensability. The Board held that this presumption can be raised for the first time at trial, even if not listed on the pre-trial conference statement. The case is returned to the trial level for the WCJ to consider the presumption, ensuring the defendant has an opportunity to present evidence and witnesses on the issue. This decision aligns with precedent allowing presumptions to be raised at trial under certain circumstances.

Petition for RemovalPresumption of CompensabilityLabor Code Section 5402Mandatory Settlement ConferencePretrial Conference StatementWorkers' Compensation Appeals BoardWCJOrder Granting PetitionDecision After RemovalDue Process
References
3
Case No. ADJ7422830; ADJ7605326
Regular
Feb 11, 2014

SALLY BRAITHWAITE MARSHALL vs. SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT, WORKERS COMPENSATION ADMINISTRATOR, TRANSITIONS MENTAL HEALTH/STATE COMPENSATION INSURANCE FUND

This case involves two consolidated workers' compensation claims for Sally Braithwaite Marshall concerning alleged injuries from "sick building syndrome" and toxic substance exposure. The Appeals Board granted applicant's Petition for Removal, rescinding the trial judge's order to proceed to trial. The Board found that discovery was incomplete, pre-trial statements were not filed, and insufficient notice was given for trial preparation due to the complexity of the consolidated cases. Consequently, the matters are returned to be reset for a mandatory settlement conference, and venue is transferred to the Santa Barbara district office.

Petition for RemovalWCJAgreed Medical EvaluatorDeclaration of Readiness to ProceedMandatory Settlement ConferencePretrial Conference StatementSick Building SyndromeToxic Substances ExposureConsolidation of CasesAutomatic Reassignment
References
0
Case No. ADJ8497883
Regular
Jan 27, 2014

ANGEL ROBLES vs. UKANI ENTERPRISES INC. \& MIRMAR ENTERPRISES INC.; THE HANOVER INSURANCE COMPANY

In this workers' compensation case, the defendant sought to remove an order that placed the matter off calendar, arguing discovery should have closed and the case proceed to trial. The Appeals Board denied the petition, explaining that the administrative law judge correctly took the case off calendar because a pretrial conference statement was not filed, a requirement for proceeding to trial after a mandatory settlement conference. The Board noted that discovery closes at the mandatory settlement conference, and if the case is not resolved at the next one, a pretrial statement must be filed, and the case will then be continued to trial.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceDiscovery ClosingPretrial Conference StatementLabor Code Section 5502(d)(3)Off Calendar OrderDeclaration of Readiness to ProceedAdministrative Law JudgePermanent Disability Rating
References
0
Case No. ADJ7074256
Regular
May 23, 2014

ALFONSO RODRIGUEZ vs. DANDEE TRANSPORTATION, STATE COMPENSATION INSURANCE FUND

This case involves a dispute over whether the applicant, Alfonso Rodriguez, adequately pursued medical evaluations before a mandatory settlement conference. The applicant sustained an injury in 2009 and has undergone evaluations by an Agreed Medical Evaluator and Qualified Medical Evaluators. However, at the settlement conference, the applicant claimed he still required treating physician reports in psychiatry and internal medicine, leading the trial judge to take the case off calendar. The Appeals Board granted the defendant's petition for removal, finding the applicant waived objections to proceeding by not objecting to the defendant's Declaration of Readiness to Proceed or the QME panels. The Board rescinded the order and returned the case to the trial level for another settlement conference and potential trial, emphasizing the applicant's lack of diligence in discovery.

Petition for RemovalRescind OrderOff CalendarAgreed Medical EvaluatorQualified Medical EvaluatorMandatory Settlement ConferenceDeclaration of Readiness to ProceedLabor Code section 4061(i)Due DiligenceDiscovery
References
3
Case No. ADJ3456151 (SAC 0324475)
Regular
Jul 14, 2009

ERIN McGEORGE vs. FIRST UNION NATIONAL BANK, ACE USA Insurance

The Appeals Board dismissed the defendant's petition for reconsideration because it was not filed from a final order. The Board granted removal, rescinded the WCJ's orders vacating submission and ordering a work evaluation, and returned the matter to the trial level. This action was taken because the WCJ erred in determining the applicable permanent disability rating schedule. The case will be returned for further proceedings and a pre-trial conference to address the correct rating schedule.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for RemovalWCJfinal orderprocedural ordersvacating submissiontaking off calendarsubstantive rightliability
References
5
Case No. ADJ7191038
Regular
Oct 06, 2015

ROBERTO CUEVAS vs. MODERN METHOD ROOFING, INC., MAJESTIC INSURANCE

The Workers' Compensation Appeals Board dismissed a lien claimant's Petition for Reconsideration and denied their Petition for Removal. The WCJ had continued a trial to allow the defendant, who repeatedly failed to appear, to submit an amended pre-trial conference statement. The Board found the WCJ's order to be an interlocutory procedural decision, not a final order, thus making reconsideration improper. Removal was denied as the lien claimant failed to demonstrate irreparable harm.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantMinute OrderContinue TrialAmended Pre-trial Conference StatementReopen DiscoveryFinal OrderInterlocutory Order
References
6
Case No. ADJ10334027
Regular
Feb 24, 2017

MAURICIO VALENCIA ALEJANDRE vs. AEROGROUND INC, XL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC

This Workers' Compensation Appeals Board case concerns a Petition for Removal filed by the defendant, Aeroground Inc., challenging an Order setting a trial date. The defendant argued a due process violation due to not being allowed to file a pre-trial conference statement after missing a prior hearing. However, the parties subsequently submitted a Compromise and Release agreement that was approved. Consequently, the Board dismissed the Petition for Removal as moot because the case was resolved.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ OrderPre-trial conference statementDue process violationCompromise and ReleaseOrder Approving Compromise and ReleaseDismissedAdministrative Law JudgeAEROGROUND INC
References
0
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