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

Case No. ADJ19199519; ADJ19199522
Regular
Feb 18, 2025

LAURA RODRIGUEZ vs. 99 CENTS ONLY STORES, SELF-INSURER'S SECURITY FUND

The Self-Insurers' Security Fund (SISF) petitioned for reconsideration or removal of a Workers' Compensation Judge's (WCJ) order denying its joinder in a case involving injured applicant Laura Rodriguez and the bankrupt 99 Cents Only Stores. The WCJ had ruled that SISF, having assumed the insolvent employer's liabilities, only needed to file a notice of change in administrator, not a joinder petition. The Appeals Board dismissed the petition for reconsideration as the order was not final, but granted the petition for removal. As its Decision After Removal, the Appeals Board rescinded the WCJ's December 2, 2024 order, finding due process violations due to the summary denial without a hearing, and returned the matter to the trial level for further proceedings.

Self-Insurers' Security Fundjoinderremovalreconsiderationinsolvent self-insurerliquidationadministrative law judgeorderdue processsubstantial evidence
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 The WCAB rescinded the dismissal orders and returned the matter for further proceedings.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. ADJ8081723
Regular
Apr 29, 2014

BEATRIZ DELGADO vs. INDUSPAC CALIFORNIA, INC./WESTERN FOAM PACKING PRODUCTS, PINNACLE

This case involves a Petition for Reconsideration filed by Applicant Beatriz Delgado. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The WCAB reasoned that reconsideration can only be sought for final orders that determine substantive rights or liabilities, not for interlocutory procedural orders. Pre-trial orders regarding evidence, discovery, trial setting, or venue are considered interlocutory and therefore not subject to reconsideration.

Petition for ReconsiderationDismissalInterlocutory OrdersFinal OrderSubstantive RightLiabilityPre-trial OrdersEvidenceDiscoverySetting for Trial
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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7106431
Regular
Sep 04, 2014

AGUSTINA RAMOS vs. MAINSTAY BUSINESS SOLUTIONS, SELF-INSURERS SECURITY FUND (SISF), METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration, rescinding an order that denied the Self-Insurers Security Fund (SISF) leave to join other potentially liable insurance carriers. This decision allows SISF to pursue contribution claims against State Compensation Insurance Fund, Zenith, and Castle Point National Insurance for benefits paid under a compromise and release settlement. The Board found that joinder proceedings can be initiated within one year after a settlement approval, consistent with contribution provisions under Labor Code section 5500.5. The case is returned to the trial level for the joinder of these parties.

Workers' Compensation Appeals BoardSelf-Insurers Security FundSISFcompromise and releaseLabor Code Section 5500.5contributionjoindersuccessive insurersapportionment of liabilitycumulative trauma
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. 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. ADJ2137779 (LAO 0846312)
Regular
Jan 21, 2015

ANTONIO ENRIQUEZ vs. WILLIES PAINTING, STATE COMPENSATION INSURANCE FUND

A lien claimant sought removal of this workers' compensation case, challenging the legal standing of parties involved in the disbursement of attorney fees from a settlement. The Workers' Compensation Judge (WCJ) intends to address these standing issues at a future pre-trial conference. The Appeals Board found no basis for removal, as it is an extraordinary remedy not warranted by the circumstances, and dismissed the petition. The Board also denied a request to supplement the petition and admonished the lien claimant regarding page limitations.

Petition for RemovalLien ClaimantAttorney FeesTrust AccountLegal StandingDisbursementDiscovery TrialPre-trial ConferenceWCJ RecommendationExtraordinary Remedy
References
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