CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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
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 Consequently, the WCAB rescinded the ALJ's order and returned the case for further proceedings.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. 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. ADJ11532009
Regular
Aug 06, 2019

RIGOBERTO MONTOYA, vs. GRAEBEL VAN-LINES HOLDINGS, LLC, ARCH INSURANCE COMPANY, ONE BEACON, BRENTWOOD SERVICE ADMINISTRATORS, INC., GALLAGHER BASSETT

Defendant Arch Insurance sought removal of a trial setting order, claiming irreparable harm due to incomplete discovery, specifically the applicant's refusal to provide a Social Security earnings release. The Appeals Board denied the petition, finding that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board noted that the issues of employment, coverage, and the need for the earnings statement are still before the Workers' Compensation Judge. Consequently, the petition was denied, and the WCJ was advised to potentially convert the trial to a priority conference to address discovery.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMinute OrderDiscoveryIrreparable HarmApplication for AdjudicationIndustrial CausationEmploymentCoverage
References
Case No. MON 0315937 MON 0315938
Regular
Jun 09, 2008

ALLEN SUTTON vs. CITY OF INGLEWOOD, INTEGRATED CLAIMS ADMINISTRATORS

The Workers' Compensation Appeals Board granted reconsideration, finding that the issue of whether the applicant's neck injury was industrial was sufficiently raised at the mandatory settlement conference, despite the initial disallowance of a lien for neck surgery. The Board determined that the pre-trial conference statement and the parties' conduct indicated the issue was actively litigated, thus amending the prior order. The case is returned to the administrative law judge for a decision on the merits of the lien claim.

Workers' Compensation Appeals BoardLien claimantReconsiderationStipulated awardIndustrial injuryMandatory settlement conferencePre-trial conference statementDisputed body partLabor Code section 5502(e)(3)AOE/COE
References
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
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. ADJ7671523
Regular
Oct 15, 2018

ALFONSO MUNGUIA vs. SBR ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration as untimely and not from a final order. However, the WCAB granted the lien claimant's petition for removal, finding that the WCJ's order disallowing the listing of all issues and arguments on the Pre-Trial Conference Statement caused significant prejudice. The WCAB rescinded the WCJ's minute order and returned the matter to the trial level for further proceedings. The claimant's industrial injury case had already been resolved by a Compromise and Release.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantPre-Trial Conference StatementWCJMinute Orderuntimely petitionfinal ordersubstantive right
References
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
Case No. ADJ739750 (FRE 0217695) ADJ3422922 (FRE 0217696) ADJ4620151 (FRE 0217213)
Regular
Sep 23, 2010

JERRY P. WILLIAMS vs. GOLDEN STATE VINTNERS and STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) initially issued a Notice of Intention to Impose Sanctions against State Compensation Insurance Fund (SCIF) for failing to provide a computer printout of benefits. SCIF objected, asserting the printout was available at a prior Mandatory Settlement Conference (MSC) with a former attorney. Although the printout was not explicitly mentioned in the MSC pre-trial statement or offered at trial, the WCAB accepted SCIF's representation of its availability. Consequently, finding no willful failure to comply with a regulatory obligation, the WCAB dismissed the Notice of Intention to Impose Sanctions.

Workers' Compensation Appeals BoardNotice of Intention To Impose SanctionsWCAB Rule 10607computer printout of benefitsMandatory Settlement Conference (MSC)Declaration of Desiree A. Mercadopre-trial conference statementproposed exhibitsEAMSwillful failure to comply
References
Showing 1-10 of 6,283 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational