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

Case No. ADJ803080 (LBO 0386412)
Regular
Mar 16, 2009

ANDRES SANCHEZ JUARES (Dec'd.), EVER REYES CARILLO (App.) vs. FANG CLOTHING, INC., INSURANCE COMPANY OF THE WEST GROUP/EXPLORER

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration from an insurer but granted removal of the case. The WCAB found that the administrative law judge (ALJ) improperly scheduled a trial conference when a status conference was requested to address discovery issues. This procedural error would cause prejudice and irreparable harm by forcing parties to trial prematurely without adequate discovery or settlement opportunity. Consequently, the WCAB rescinded the ALJ's order and returned the case for further proceedings.

Workers' Compensation Appeals BoardReconsiderationRemovalStatus ConferenceMandatory Settlement ConferenceLabor Code Section 5502Declaration of ReadinessPre-trial Conference StatementDiscovery IssuesStipulations
References
Case No. ADJ4398425 (LAO 0875977) ADJ1647933 (LAO 0867627)
Regular
Jul 21, 2010

PHYLLIS MOSS vs. PriceWaterhouseCoopers, LLP, Chubb Services Corporation

This case involves a dispute over a mandatory settlement conference (MSC) where both parties claim the other was absent or improperly handled the proceedings. The Appeals Board granted removal due to conflicting records and confusing circumstances surrounding the MSC and a subsequent trial setting. The Board found the WCJ erred by setting the matter for trial after issuing an order taking it off calendar, despite conflicting accounts of attorney appearances. Consequently, the scheduled trial was converted to a status conference for further proceedings.

Petition for removalMandatory settlement conferenceOrder off calendarMinutes of HearingPre-Trial Conference StatementAgreed Medical Evaluator (AME)Status conferenceRemandedWCJWCAB
References
Case No. ADJ3778927 (SFO 0460851) ADJ334222 (OAK0285716) ADJ2101319 (SFO0437718) ADJ4065670 (OAK0285715)
Regular
Dec 21, 2010

Kimberly Roberts vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board dismissed Kimberly Roberts' petition for reconsideration because the order she appealed was a pre-trial order continuing a status conference, not a final decision. The Board also denied her petition for removal, adopting the administrative law judge's reasoning. Roberts' claims of manipulation, defamation, and misconduct were not addressed due to the procedural defect of appealing a non-final order. The appeals board upheld the judge's decision to continue the status conference.

WCABPetition for ReconsiderationPetition for RemovalAdministrative Law Judge Pro TemContinuanceStatus ConferenceTrial SettingLabor Code Section 132(a)Permanent Disability AdvancesMileage Reimbursement
References
Case No. ADJ8162003
Regular
Dec 17, 2014

MARIA GUIZAR vs. CROWN PLAZA HOTEL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY, PATRIOT RISK SERVICES

Defendant sought removal, arguing a trial date was set prematurely before a mandatory settlement conference. The Board reviewed the case and found the petition moot because the parties appeared for trial on the scheduled date and jointly requested the case be taken off calendar. The trial judge also effectively nullified the prior order the defendant objected to. Therefore, the Petition for Removal was dismissed as the issues raised were resolved.

Petition for RemovalMandatory Settlement ConferenceOrder Vacating JoinderWCJWorkers' Compensation Appeals BoardMootStatus ConferenceTrial DateDiscoveryStipulations
References
Case No. ADJ3863284 (OXN 0147713)
Regular
May 13, 2013

ISAIAS ORTIZ vs. WATERWAY PLASTICS, SAFETY NATIONAL INSURANCE

This case involves two lien claimants whose liens were dismissed for failing to pay an activation fee prior to trial. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that Labor Code section 4903.06 only requires proof of payment of the fee at a "lien conference," not a subsequent trial. Because the lien conference occurred in 2012 and the trial in 2013, the lien claimants were not required to pay the fee prior to trial. The WCAB rescinded the dismissal orders and returned the matter for further proceedings.

Lien activation feeWCABPetition for ReconsiderationLien ConferenceLien TrialLabor Code section 4903.06Declaration of Readiness to ProceedDismissal with prejudiceRescind OrderReturn to trial level
References
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
Case No. ADJ4639631 (MON 0327478)
Regular
Nov 08, 2012

MARY JONES vs. UCLA MEDICAL CENTER, SEDGWICK, CMS

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, finding that the judge improperly continued the case to trial after a status conference without defendant's agreement. The Board rescinded the judge's order, stating that a mandatory settlement conference (MSC) is required after a status conference unless parties agree otherwise. The case is returned for further proceedings, including setting a new MSC, with discovery remaining open to allow the defendant to complete its investigation.

Petition for RemovalWCJStatus ConferenceMandatory Settlement ConferenceDiscoveryOff CalendarLabor Code Section 5502(e)(3)WCAB Rule 10301(dd)Pretrial Conference StatementDeclarations of Readiness to Proceed
References
Case No. ADJ2785097 (LAO 0781834)
Regular
Aug 23, 2010

TOMAS MOYOTL vs. C&D AEROSPACE, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION by INTERCARE INSURANCE SERVICE on behalf of HIH INSURANCE COMPANY, in liquidation

Defendant C&D Aerospace petitioned for removal after the WCJ set the case for trial without ruling on outstanding discovery disputes. The disputes involve compelling further deposition of the applicant and his wife (a lien claimant for home health care) and requiring the applicant to meet with defendant's home health expert. The Appeals Board granted removal, rescinded the trial setting order, and returned the matter to the trial level for a status conference to resolve discovery issues. This ensures the defendant can obtain necessary discovery before the case proceeds to trial, preventing potential prejudice.

Workers' Compensation Appeals BoardPetition for RemovalRescind OrderCompel Further DepositionLien ClaimantHome Health CareIndustrial InjuryPermanent DisabilityPre-trial DiscoveryPetition to Compel
References
Case No. ADJ542950
Regular
May 12, 2009

LANCE TURNER vs. ALL PAYMENT SERVICES, AIG

This case concerns two petitions for removal filed by the applicant, Lance Turner, against All Payment Services and AIG. Turner sought to close discovery at a mandatory settlement conference and obtain a protective order against the defendant's discovery efforts. The Appeals Board denied both petitions, finding the WCJ's reasoning sound. However, the Board recommended a status conference to address discovery disputes and expedite the case towards trial.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceDiscoveryProtective OrderWCJOff Calendar StatusStatus ConferenceDepositionTrial Level
References
Case No. ADJ9174788
Regular
Jun 09, 2004

JEFFREY ROGERS vs. FRESH AND EASY NEIGHBORHOOD MARKET, LIBERTY MUTUAL INSURANCE COMPANY

Defendant Fresh and Easy Neighborhood Market sought removal of an order setting a Mandatory Settlement Conference (MSC) for April 1, 2014, alleging prejudice. However, the MSC proceeded as scheduled, and the defendant's petition for removal was not received by the Appeals Board until after the conference had concluded. Consequently, the petition was rendered moot. The Appeals Board dismissed the petition, noting the orderly progression of the case towards a trial set for June 17, 2014, which was limited to specific issues with discovery remaining open.

Petition for RemovalMandatory Settlement ConferenceElectronic Adjudication Management SystemAOE/COE conferenceWCJmootQualified Medical EvaluatorReport and RecommendationCumulative TraumaIndustrial Injury
References
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