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

Case No. ADJ7393344
Regular
Jun 19, 2012

CONNIE WHITTED vs. DHL ENTERPRISES LLC BRIGHT STAR HEALTH CARE, CHARTIS

This case concerns a petition initially filed as a "Petition for Disqualification and Reassignment," which was later amended to solely seek automatic reassignment of the judge under WCAB Rule 10453. The Appeals Board dismissed the disqualification aspect, attributing the confusion to the applicant's attorney's imprecise captioning. While the petition for automatic reassignment is remanded for determination by the presiding judge, the Board notes it was filed before a trial or expedited hearing, making its denial likely. The Board cautioned the attorney about wasted resources and the potential for future sanctions due to careless pleading.

WCAB Rule 10453WCAB Rule 10452peremptory challengedisqualificationautomatic reassignmentpresiding judgePetition for Disqualificationamended petitionJudge Brigham JonesReport and Recommendation
References
Case No. ADJ1407862 ADJ8053285
Regular
Jan 29, 2014

RAYMOND SCHAUER vs. WINDSOR UNIFIED SCHOOL DISTRICT, REDWOOD EMPIRE SCHOOL INSURANCE GROUP

In this workers' compensation case, venue is transferred from the Santa Rosa to the San Francisco District Office. This change is necessary because the assigned judge must recuse himself and the alternative judge has been disqualified. The San Francisco Presiding Judge will assign a new judge and schedule a lien conference. This order facilitates the continued proceedings for Applicant Raymond Schauer against Windsor Unified School District.

Venue changeRecusalJudge challengeAppeals Board Rule 10453Santa Rosa District OfficeSan Francisco District OfficePresiding JudgeLien conferencePermissibly Self-InsuredWindsor Unified School District
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ441028, ADJ1016830, ADJ8012703
Regular
Aug 11, 2015

STANLEY THOMAS vs. L3 COMMUNICATIONS, ACE USA PROPERTY & CASUALTY, ESIS, INC.

Defendant sought removal of an order setting two consolidated cases (ADJ1016830 and ADJ8012703) for trial before a different judge, arguing applicant waived the right to automatic reassignment by not challenging the original judge in a previously adjudicated case (ADJ441028). The WCAB dismissed the petition as to the adjudicated case, finding it not consolidated with the others. Regarding the consolidated cases, the Board denied the petition, affirming applicant's timely exercise of the right to automatic reassignment. The WCAB adopted the WCJ's reasoning that no grounds for removal were established, as the applicant had a right to reassignment and the defendants suffered no prejudice.

Petition for RemovalWCAB Rule 10453Automatic ReassignmentWCJ ChallengeConsolidated CasesJudge ShoppingVenue TransferAdministrative Law JudgePresiding JudgeMinutes of Hearing
References
Case No. ADJ8873837
Regular
Jul 02, 2013

HUGO A. GARCIA ROJAS vs. SWEANEY PAINT & DRYWALL, CALIFORNIA INSURANCE COMPANY

The defendant filed a petition for removal challenging the presiding judge's inaction on a venue change request and an expedited hearing. However, the presiding judge subsequently issued orders that addressed these issues by taking the hearing off calendar and transferring venue. Therefore, the defendant's petition for removal is moot and has been dismissed by the Appeals Board.

Petition for RemovalPetition for Change of VenuePresiding Workers' Compensation Judge (PWCJ)Expedited HearingOff CalendarTransferring VenueWCABMootDismissedBakersfield District Office
References
Case No. ADJ849256 (FRE 0233550)
Regular
Nov 24, 2008

JOHNNY W. NELUM vs. CITY OF FRESNO, Permissibly SelfInsured, as administered by AMERICAN ALL RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding an order to change venue from Fresno to Bakersfield. While the Board found no good cause for the venue change based on convenience and prior trial proceedings, it acknowledged the Presiding Judge's concerns about the appearance of bias in Fresno. Therefore, the Board ordered a judge from outside the Fresno district to preside over the trial to ensure impartiality.

RemovalChange of VenueLabor Code section 5501.6Presiding Workers' Compensation Administrative Law JudgePWCJFair TrialIndustrial InjuryPsycheVenueGood Cause
References
Case No. ADJ6909770 ADJ6965468 ADJ7253924 ADJ7252123
Regular
Dec 03, 2010

SYLVIA SANTOS vs. GUARD MANAGEMENT, INC., INSURANCE COMPANY OF THE WEST

This case involves Sylvia Santos's petition for reconsideration after her request to disqualify the presiding workers' compensation judge was denied. The basis for her disqualification petition, and subsequently her reconsideration request, was her unsubstantiated allegation of ex parte communications between the judge and the opposing party. The Board denied reconsideration, finding that Santos failed to provide specific facts demonstrating actual bias or prejudice by the judge. Therefore, the matter will return to the trial calendar for further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENIAL OF PETITIONDISQUALIFICATION OF JUDGEPRESIDING WORKERS' COMPENSATION ADMINISTRATIVE LAW JUDGEPWCJ REPORTORDER DENYING DISQUALIFICATIONVEXATIOUS LITIGANTEX PARTE COMMUNICATIONSBIAS
References
Case No. ADJ7106903
Regular
Sep 15, 2015

DAVID CONNOR vs. RESTAURANTS TO YOU/CAFÉ RUNNER, STATE COMPENSATION INSURANCE FUND

This order transfers venue for Case No. ADJ7106903, involving David Connor and Restaurants To You/Café Runner, from the San Luis Obispo District Office to the Santa Barbara Satellite Office. The transfer is necessitated by both parties exercising their challenges under Appeals Board Rule 10453, leaving no available judges in San Luis Obispo. The Presiding Judge in Santa Barbara will schedule the matter for trial upon receipt.

Venue transferAppeals Board rule 10453Challenge of judgePresiding Workers' Compensation JudgeSanta Barbara Satellite OfficeSan Luis Obispo District OfficeSetting for trialWorkers' Compensation Appeals BoardRestaurants to YouCafe Runner
References
Case No. ADJ4628645
Regular
Dec 08, 2014

STEPHINO BROWN vs. FIRST TRANSIT/FIRST GROUP; BROADSPIRE, SEDGWICK, GALLAGHER BASSETT SERVICES

The applicant, Stephino Brown, filed a second petition to disqualify the presiding judge, alleging denial of due process and bias. However, the Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. California WCAB Rule 10452 requires disqualification petitions to be filed within 10 days of service of the notice of hearing. Since the applicant filed his petition over a month after the notice of hearing was served, it was untimely and therefore dismissed.

DisqualificationPresiding JudgeDue ProcessBiasUntimely PetitionWCAB Rule 10452Notice of HearingMandatory Settlement ConferenceWorkers' Compensation Administrative Law JudgeSelf-Represented Applicant
References
Case No. ADJ2896668
Regular
May 08, 2013

MONICA GARRETSON, MONICA GARRETSON-MILLER vs. JACKSON CREEK DENTAL GROUP, ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Defendant's Petition for Removal, upholding the decision to refer their Petition to Compel Applicant's Attendance to the assigned trial judge. The Board found no significant prejudice or irreparable harm to the Defendant from this referral process. The decision adopted and incorporated the reasoning provided in the Workers' Compensation Judge's Report. This ruling signifies that the defendant's attempt to remove the case from the trial judge's jurisdiction was unsuccessful.

Petition for RemovalWCABWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJPresiding JudgeReport and RecommendationMinute OrderPetition to CompelDeposition
References
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