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

Case No. ADJ8061663
Regular
Feb 10, 2015

Nelson Salgado vs. Walter Weinstein, STATE FARM INSURANCE COMPANY

The Appeals Board dismissed the lien claimant's petition for reconsideration but granted removal, rescinding the WCJ's notice of intention to sanction. The Board found the WCJ prejudged the lien claimant's entitlement to payment and improperly threatened sanctions without a hearing on the merits. The matter was reassigned to a different WCJ due to the perceived bias.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantWestern Imaging ServicesSanctionsWCJAbuse of DiscretionBusiness and Professions Code 22450Prejudgment
References
Case No. ADJ4098217 (BAK 0141522)
Regular
Jun 24, 2016

RAMONA RIOS vs. D.J. MANUFACTURING, INC., STATE COMPENSATION INSURANCE FUND, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns a dispute over prejudgment interest awarded to CIGA against SCIF following an arbitration decision. SCIF argued that CIGA waived its right to additional interest by failing to seek reconsideration of the original arbitration award. The Appeals Board affirmed the WCJ's decision, finding that the arbitration award for reimbursement and interest was final and not subject to relitigation. The Board emphasized that SCIF was the aggrieved party by the initial arbitration decision and that the subsequent award simply calculated SCIF's existing obligation.

Workers' Compensation Appeals BoardReconsiderationPrejudgment InterestArbitration DecisionCalifornia Insurance Guarantee AssociationState Compensation Insurance FundRes JudicataLabor CodeCivil CodeQualified Medical Evaluator
References
Case No. ADJ2318045 (LAO 0874347) ADJ2880487 (LAO 0874346) ADJ2783382 (LAO 0889171)
Regular
Apr 25, 2016

Donnie Lewis vs. ALHATTI CORPORATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to address the applicant's claims regarding retroactive permanent disability advances and associated penalties. The original award confirmed temporary disability and a penalty on unpaid temporary benefits but deferred issues of permanent disability advances, sanctions, and attorney fees for those advances. The Board remanded the case to the trial level to determine the amount of permanent disability advances owed and assess penalties and fees for the defendant's failure to pay them, while confirming that prejudgment interest on temporary disability was not awarded.

WORKERS' COMPENSATION APPEALS BOARDDONNIE LEWISALHATTI CORPORATIONSTATE COMPENSATION INSURANCE FUNDPetition for ReconsiderationFindings and AwardTemporary DisabilityPermanent DisabilityPenaltiesLabor Code section 4650
References
Case No. ADJ10678864
Regular
Aug 08, 2025

ALEX CASTILLO MASIS vs. EAST BAY FOODS INC, EMPLOYERS ASSURANCE SAN FRANCISCO

The Workers' Compensation Appeals Board reviewed a Petition for Disqualification filed against a Workers' Compensation administrative law judge (WCJ). The petition alleged grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641, citing an unqualified opinion or bias. Upon review of the record and the WCJ's report, the Board found the petition lacked sufficient factual allegations, declared under penalty of perjury, to establish disqualification. Although the WCJ suggested sanctions for false statements by applicant's attorney, the Board declined to impose them but admonished the attorney for not being candid and truthful. Therefore, the Petition for Disqualification was denied.

Petition for DisqualificationLabor Code Section 5311Code of Civil Procedure Section 641WCAB Rule 10960Judicial BiasPrejudgmentWCJ ReportSanctionsRule 10421False Declarations
References
Case No. SAU2545427
Regular
Aug 09, 2019

YOLANDA SABLAN vs. COUNTY OF LOS ANGELES, ACCLAMATION SANTA CLARITA

Lien claimants sought to disqualify the workers' compensation judge, alleging bias and prejudgment of the case. The appeals board denied the petition, finding the claimants failed to provide objective evidence of bias. The board noted the judge's actions, such as continuing the matter to allow for proper notice, did not demonstrate enmity or prejudgment. Furthermore, the judge's statements in his report were deemed proper expressions of opinion within his official duties and not grounds for disqualification.

Petition for DisqualificationWCJLien ClaimantsWCAB Rule 10452Labor Code Section 5311Code of Civil Procedure Section 641Report and RecommendationDeclarationMandatory Settlement ConferencePetition to Vacate
References
Case No. ADJ6630793
Regular
Sep 16, 2010

TRACY ROGERS vs. TIMOTHY TOBIN dba BEACH AND COUNTY REAL ESTATE, STATE FARM INSURANCE COMPANIES

This case involves a worker's compensation applicant, Tracy Rogers, who filed a petition for removal. Rogers argued that denial of her petition would violate her due process rights by prejudging the case based on her representations. The Workers' Compensation Appeals Board (WCAB) denied removal, finding no evidence of significant prejudice or irreparable harm. The WCAB adopted the WCJ's report which stated that no evidence had been admitted, and prejudging the case would deny the defendant due process. The trial remains scheduled for September 28, 2010.

Workers' Compensation Appeals BoardPetition for RemovalDenying RemovalSignificant PrejudiceIrreparable InjuryApplicantDefendantWCJ ReportDue ProcessMandatory Settlement Conference
References
Case No. ADJ1717969 (VNO 0449705)
Regular
Mar 20, 2013

ERIKA ROLLINS vs. FILM PAYMENT SERVICES, KID BROTHERS PRODUCTION, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION, in liquidation, ST. PAUL FIRE & MARINE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded an arbitrator's award because the arbitration proceedings lacked a proper record, violating Labor Code sections requiring findings on all facts and compliance with case record standards. The WCAB returned the matter for further proceedings to ensure a complete record is created, adhering to due process principles and established case law. If a compliant record cannot be created, the case will be remanded for a new arbitrator selection. The parties sought reconsideration of the original award, which found Travelers' insurance to be "other insurance" and held them liable for the applicant's injury, ordering CIGA's dismissal.

California Insurance Guarantee AssociationCIGASt. Paul Fire & Marine Insurance CompanyTravelersWorkers' Compensation Appeals BoardArbitrator's AwardReconsiderationOther InsuranceInsurance Code Section 1063.1(c)(9)Prejudgment Interest
References
Case No. ADJ2022332 (ANA 0334821) ADJ947209 (ANA 0334822)
Regular
Feb 27, 2014

JOHN SHEA vs. PROPSERV, INC., CENTRE INSURANCE. COMPANY., CIGA For CALCOMP, In Liquidation

The California Workers' Compensation Appeals Board affirmed the Arbitrator's decision denying CIGA's requests for contribution and reimbursement from Centre Insurance Company. CIGA stipulated to liability for the injury date in 2000, and the Board found that CIGA's subsequent claims of mistake were untimely and lacked good cause to reopen a final award. The Board emphasized the importance of finality in awards and that CIGA failed to timely raise equitable arguments. Therefore, CIGA's appeal for contribution and reimbursement was unsuccessful.

CIGACalCompContributionReimbursementStipulated AwardGood CauseReopenEquitable ArgumentsPrejudgment InterestDate of Injury
References
Case No. ADJ244569
Regular
Sep 22, 2008

JIM EASLEY vs. MEDERA AUTO CENTER, COMPWEST INSURANCE

Defendant's petition for reconsideration of the WCJ's Findings of Fact and Award of June 27, 2008 is denied. The WCJ's credibility determinations are given great weight. The WCJ's comments, while not ideal, did not close the judge's mind to further evidence, and the proceedings appeared fair.

WCABMedera Auto CenterCompwest InsuranceFindings of Fact and AwardIndustrial InjuryPost Termination ClaimLabor Code § 3600(a)(10)Denied Due ProcessPrejudged CaseCredibility Determinations
References
Case No. ADJ551170 (MON0224141)
Regular
Nov 17, 2008

ARNOLD KELLOGG vs. BECHTEL PETROLEUM OPERATIONS; CIGA, by its adjusting facility AIG CLAIMS for FREMONT COMPENSATION, in liquidation

The Workers' Compensation Appeals Board dismissed the defendant's petition for removal because it was untimely filed, exceeding the twenty-day deadline. The defendant sought to reverse evidentiary rulings made by the judge concerning medical reports and non-medical documents. Even if the petition had been timely, it would have been denied as the defendant failed to show significant prejudice or irreparable harm.

Removal petitionEvidentiary rulingsLabor Code section 4663Medical reportsFoundationPrejudged caseIndependent medical evaluatorsWCAB Rule 10843Untimely petitionDismissal
References
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