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

Case No. ADJ8603938
Regular
Sep 18, 2015

MACARIO IGLESIAS vs. ABE EL PRODUCE, INSURANCE COMPANY OF THE WEST

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding the administrative law judge's exclusion of their exhibits. The exhibits were deemed untimely filed as they were received by the Board less than 20 days before trial, contrary to a pre-trial order. The Board confirmed that the relevant Appeals Board rule regarding filing dates had not been repealed and that the lien claimant failed to meet their burden of proof. A dissenting opinion argued the pre-trial order was potentially ambiguous and that the exhibits should have been admitted given timely service and no prejudice to the defendant.

Workers Compensation Appeals BoardLien claimantPetition for ReconsiderationFindings and OrderWorkers' Compensation Appeals Judge (WCJ)ExhibitsTimely filedRepealed ruleRule 10392Pre-trial conference
References
3
Case No. ADJ7981277
Regular
Mar 16, 2018

CYNTHIA HERRERA vs. INTERNATIONAL INSTITUTE OF LOS ANGELES, CYPRESS INSURANCE COMPANY

The lien claimant, Beverly Hills Radiology, sought removal of a trial setting order, alleging denial of due process. The Board granted removal, finding the trial setting order improperly excluded the lien claimant from participating in crucial pre-trial proceedings. This exclusion, based on perceived deficiencies in Notices of Representation, violated the lien claimant's right to a fair hearing. Consequently, the trial setting order was rescinded, and the matter was returned to the judge for further proceedings.

WCABremovallien claimantdue processnotice of representationtrial setting orderlien conferenceWCJCompromise and ReleaseAssignment
References
15
Case No. ADJ8075448
Regular
Oct 10, 2017

ALEX ROBLES vs. SOUTHERN CALIFORNIA GAS COMPANY, UTILITY WORKERS UNION OF AMERICA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a trial judge's award in favor of applicant Alex Robles against Southern California Gas Company (SCGC). SCGC sought reconsideration, asserting that crucial testimony was omitted from the trial record. The WCAB ordered transcription of all trial testimony to ensure a full and fair adjudication of SCGC's petition. This action was necessary to allow the Board further study of the factual and legal issues involved.

Petition for ReconsiderationFindings and AwardAOE/COEGoing and Coming RuleMinutes of HearingSummary of EvidenceTrial TestimonyWCAB Rule 10740Transcript TranscriptionElectronic Adjudication Management System
References
2
Case No. ADJ6939085
Regular
May 09, 2014

APACELY HERNANDEZ vs. ALLAN AIRCRAFT SUPPLY COMPANY, MARKEL SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed petitions for reconsideration filed by Allan Aircraft Supply Company and Markel Services. The WCAB held that reconsideration can only be granted for final orders, not interlocutory procedural orders. Pre-trial orders concerning evidence, discovery, trial setting, or venue do not determine substantive rights and are therefore not subject to reconsideration. This dismissal aligns with established precedent defining final orders as those that determine substantive rights or liabilities.

Workers' Compensation Appeals BoardPetitions for ReconsiderationDismissalInterlocutory OrdersFinal OrdersSubstantive RightsLiabilityPre-trial OrdersDiscoveryVenue
References
5
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
5
Case No. ADJ8990393
Regular

SANDRALEE DELMONTE vs. COUNTY OF SONOMA, NORTHERN CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) dismissed Sandralee Delmonte's petition for reconsideration. Reconsideration is only available for final orders, not interlocutory procedural rulings. The WCAB clarified that pre-trial orders concerning evidence, discovery, trial setting, or venue do not determine substantive rights and are thus not final. Therefore, Delmonte's petition, based on such an order, was dismissed.

Petition for ReconsiderationInterlocutory OrderFinal OrderSubstantive RightLiabilityWorkers' Compensation Appeals BoardWCJDismissedLab. Code§ 5900
References
5
Case No. ADJ4173320(VNO 0386574)
Regular
Nov 18, 2019

RENEE SOTILE vs. KTLA, Permissibly Self-Insured, Administered by BROADSPE

The Workers' Compensation Appeals Board dismissed Renee Sotile's Petition for Reconsideration. This dismissal was based on the fact that reconsideration can only be granted for final orders, decisions, or awards, not interlocutory procedural orders. Pre-trial orders concerning evidence, discovery, trial setting, or venue are considered interlocutory and do not determine substantive rights or liabilities. Therefore, the Board found Sotile's petition was improperly filed and dismissed it.

Petition for ReconsiderationDismissalInterlocutory OrdersFinal OrderSubstantive RightLiabilityWCJAdministrative Law JudgeWorkers' Compensation Appeals BoardLabor Code section 5900
References
5
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. 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
0
Case No. ADJ3835561 (GOL 0099475)
Regular
Jul 12, 2011

CESAR HERNANDEZ vs. J.D. HUMANN LANDSCAPING, INC., NATIONAL LIABILITY AND FIRE INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINISTRATORS

The defendant sought reconsideration of an order setting aside a compromise and release, alleging the order was ex-parte and issued without notice. However, the defendant later withdrew its petition, explaining it was unaware of lien claimant correspondence and had since negotiated a resolution for attorney fees. The Board dismissed the defendant's petition for reconsideration and remanded the case to the trial level for further proceedings. This action allows for reinstatement of the original compromise and release and approval of the negotiated stipulation for attorney fees.

WCABPetition for ReconsiderationOrder Setting Aside Order Approving Compromise and ReleaseEx-parteLien ClaimantEstate of Michael StevensStipulation and AwardAttorney FeesRemandTrial Level
References
0
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