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

Case No. ADJ7422830
Regular
Jun 20, 2012

SALLY BRAITHWAITE MARSHALL vs. SANTA MARIA JOINT UNION HIGH SCHOOL DISTRICT, WORKERS' COMPENSATION ADMINISTRATORS

The Applicant, Sally Braithwaite Marshall, petitioned for removal to reverse an order denying a change of venue, seeking to consolidate two claims venued at different district offices. She argued both applications should be heard in Goleta. The Appeals Board denied the petition, finding that the Applicant's request was, in fact, a petition for consolidation. The Board directed the Applicant to follow the proper procedure under Rule 10260, which requires referral to the presiding WCJs for resolution before the Appeals Board.

Petition for RemovalOrder Denying Change of VenueApplication for Adjudication of ClaimConsolidation of CasesDistrict Office VenuePresiding WCJsRule 10260Workers' Compensation Appeals BoardDeputy CommissionerAdministrative Law Judge
References
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. ADJ7825518
Regular
Nov 05, 2013

MICHELLE WELLS vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF WORKERS' COMPENSATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board order changes the venue for Michelle Wells' case from the Eureka District Office to the Sacramento District Office. The transfer is necessary because the Presiding Judge in Eureka has recused herself and there are no other judges available there. The order also directs the Sacramento Presiding Judge to assign the case to a judge who has no prior working relationship with the applicant.

WCABLegally UninsuredAdjusting AgencyOrder Changing VenuePresiding Workers' Compensation JudgeRecusedAppeals Board Rule 10453Sacramento District OfficeAssignmentApplicant
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. ADJ3332763 (OAK 0340542)
Regular
Mar 27, 2009

AUGUSTINE SCOTT vs. UNIVERSITY OF CALIFORNIA, OFFICE OF THE PRESIDENT, Legally Uninsured, Adjusted By SEDGWICK CMS/UNIVERSITY OF CALIFORNIA OFFICE

The Workers' Compensation Appeals Board granted reconsideration of a prior award finding 51% permanent disability without apportionment. The Board found the primary treating physician's apportionment reports insufficient as substantial evidence because they were conclusory and lacked adequate reasoning regarding causation. Consequently, the Board rescinded the award and returned the case to the trial level for further development of the medical record, particularly concerning apportionment. This may involve obtaining supplemental opinions or appointing an Agreed Medical Evaluator.

Workers' Compensation Appeals BoardAugustine ScottUniversity of CaliforniaOffice of the PresidentLegally UninsuredSedgwick CMSSenior Data ProcessorProduction CoordinatorIndustrial InjuryHands
References
Case No. ADJ6880109
Regular
Feb 15, 2023

NANCY RODRIGUEZ vs. HSBC, INC., SEDGWICK CLAIMS MANAGEMENT SERVICES INC.

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal. This action rescinded a previous Minute Order and returned the case to the Presiding Judge WCJ. The goal is to reassign the case to a new WCJ for a fresh review of all evidence and arguments. This ensures a new judge can properly address pending issues and determine the future course of the proceedings.

Petition for RemovalDecision After RemovalWCJWorkers' Compensation Appeals BoardStipulations and Issuespending retirementreassignmentMinute Orderrescindedtaken off calendar
References
Case No. ADJ8349114
Regular
Sep 26, 2013

JOHN KILPATRICK vs. CITY OF CHULA VISTA

The City of Chula Vista filed a petition for removal and requested a stay of trial to conduct further discovery. However, the parties subsequently informed the Presiding Judge that they had settled their differences and withdrawn the removal petition. Consequently, the Workers' Compensation Appeals Board dismissed the defendant's petition. This order officially dismisses the City of Chula Vista's August 22, 2013 Petition for Removal.

Petition for RemovalWithdrawal of RemovalDismissal of PetitionWorkers' Compensation Appeals BoardCity of Chula VistaPermissibly Self-InsuredADJ8349114ADJ8349118ADJ8349116Van Nuys District Office
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. ADJ4113221 (WCK0015884), ADJ3860954 (WCK 0003849), ADJ1849290 (WCK 0003852), ADJ2468456 (WCK 0015098), ADJ2798390 (WCK 0021329), ADJ4523810 (WCK 0045748)
Regular
Aug 06, 2013

David Kallaby vs. ALBERTSON'S

The Workers' Compensation Appeals Board dismissed three of applicant David Kallaby's motions as untimely petitions for reconsideration and removal, and also dismissed a motion for disqualification as the WCJ was not assigned to future proceedings. The Board lacked jurisdiction over two other motions concerning the Information and Assistance Office and ADA accommodations, remanding the matter to the Presiding Judge. The applicant's attorneys had previously been relieved of record due to irreconcilable differences.

Workers' Compensation Appeals BoardOrder Relieving AttorneyPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ GondakInformation and Assistance OfficeADA AccommodationTimelinessJurisdiction
References
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