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

Case No. ADJ8497883
Regular
Jan 27, 2014

ANGEL ROBLES vs. UKANI ENTERPRISES INC. \& MIRMAR ENTERPRISES INC.; THE HANOVER INSURANCE COMPANY

In this workers' compensation case, the defendant sought to remove an order that placed the matter off calendar, arguing discovery should have closed and the case proceed to trial. The Appeals Board denied the petition, explaining that the administrative law judge correctly took the case off calendar because a pretrial conference statement was not filed, a requirement for proceeding to trial after a mandatory settlement conference. The Board noted that discovery closes at the mandatory settlement conference, and if the case is not resolved at the next one, a pretrial statement must be filed, and the case will then be continued to trial.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceDiscovery ClosingPretrial Conference StatementLabor Code Section 5502(d)(3)Off Calendar OrderDeclaration of Readiness to ProceedAdministrative Law JudgePermanent Disability Rating
References
0
Case No. ADJ3214364 (LBO 0326787)
Regular
Jun 04, 2014

PERNANDO VILLEGAS vs. WOODS EQUIPMENT COMPANY, ST. PAUL INSURANCE CO., FREMONT INDEMNITY CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

In this workers' compensation case, lien claimant David S. Nicol, D.C. petitioned for removal, challenging a WCJ's order to continue the matter to a lien conference and appear personally. However, the parties subsequently filed a Pretrial Conference Statement and the case was continued to a lien trial, with Nicol failing to appear. As Nicol did not object to venue or the order for his appearance at the time, his petition for removal is now moot. The Appeals Board dismissed the petition as moot because the issues raised had been resolved or waived.

Petition for RemovalLien claimantWorkers' Compensation Appeals BoardWCJLien conferenceLien trialVenueMootDismissedPretrial Conference Statement
References
0
Case No. ADJ1718273 (SFO 0464362)
Regular
Feb 22, 2013

MARIANNE WALSH vs. G.A. WRIGHT, INC., CNA CASUALTY OF CALIFORNIA

This case involves a workers' compensation claim where the defendant petitioned for removal, arguing the record was complete for trial. The Appeals Board granted the petition, finding the prior order to continue to a Mandatory Settlement Conference (MSC) was premature. The Board rescinded that order and returned the case to the trial level for an MSC to file a Pretrial Conference Statement, as discovery had closed. The applicant must now attend MSCs and trial in person to facilitate these necessary procedural steps.

Petition for RemovalMandatory Settlement ConferencePretrial Conference StatementLabor Code section 5502(d)(3)Discovery ClosureIndustrial InjuryOverexertion at high altitudeChest wall injuryLung injuryHeart injury
References
1
Case No. ADJ1332416 (WCK 0031685) ADJ3521523 (OAK 0322592) ADJ4017994 (WCK 0029276)
Regular
Nov 19, 2015

PAMELA ZEILSTRA vs. TARGET STORES

The Workers' Compensation Appeals Board granted defendant's petition for removal, rescinding the WCJ's order setting a mandatory settlement conference and deferring the request to set aside a prior order compelling medical examination attendance. The Board found that the issue of setting aside the two-year-old compelling order must be resolved before a settlement conference. Applicant must comply with the order or show good cause for setting it aside, and defendant may seek an order under Labor Code section 4053. The matter is returned to the trial level for further proceedings, starting with a status conference.

Petition for RemovalOrder Compelling AttendanceMedical ExaminationMandatory Settlement ConferenceWCJDiscoverySet Aside OrderLabor Code section 4053Rescind OrderTrial Level
References
0
Case No. ADJ6551691
Regular
Oct 05, 2010

LOUIS SPEIGHT vs. VULCAN MATERIALS CO., Permissibly Self-Insured, ZURICH NORTH AMERICA (Adjusting Agent)

The Workers' Compensation Appeals Board (WCAB) issued an order to potentially impose sanctions on four attorneys from Stockwell, Harris, Woolverton & Muehl and their firm. The attorneys responded by requesting reinstatement of a previous order and a hearing. The WCAB dismissed their request as an improperly filed petition for reconsideration or removal. A Commissioner's Conference is scheduled for the attorneys to appear and address the sanctions.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationPetition for RemovalOrder Granting RemovalRescinding OrderCommissioner's ConferenceAttorneys' FeesLiabilityAppeals Board Rules
References
3
Case No. ADJ7486670
Regular
Nov 07, 2013

NAGUI MANKARUSE vs. RAYTHEON COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board granted the applicant's Petition for Removal because he was unable to adequately prepare for a pretrial conference due to medication side effects and fatigue. The Board rescinded the prior order continuing the matter to trial, returning it to the trial level for a status conference. The applicant was cautioned that he must comply with Workers' Compensation Appeals Board rules, including verifying his petitions, to avoid dismissal.

Petition for RemovalUnverified PetitionWCJRescind OrderInformation and Assistance OfficerPretrial Conference StatementStatus ConferenceRules of Practice and ProcedureVerification RequirementAdministrative Law Judge
References
0
Case No. ADJ2829894 (SRO 0138997)
Regular
Apr 18, 2011

CAROL LYNN RANDALL vs. FIRST AMERICAN TITLE, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding a prior order that closed discovery and intended sanctions. This arose from defense counsel's claimed failure to receive notice of a mandatory settlement conference, preventing their appearance and due process. The Board allowed the defendant to file a pretrial conference statement, will allow a trial on the merits regarding indemnity payments, and will address sanctions separately. The trial date was continued to allow for these proceedings.

Petition for RemovalMandatory Settlement ConferenceDue ProcessSanctionsEAMSStipulation and AwardIndemnity PaymentsPretrial Conference StatementWCJWorkers' Compensation Appeals Board
References
0
Case No. ADJ8150716
Regular
Apr 29, 2013

CHRIS ARCE vs. PACIFIC BELL TELEPHONE COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the order setting trial was interlocutory, not final. The WCAB granted removal of the order, finding applicant was denied due process by lack of notice for a status conference. Consequently, the WCAB rescinded the order setting trial and substituted an order converting the trial date to a mandatory settlement conference. This decision aims to address potential prejudice to the applicant and promote judicial economy.

Workers Compensation Appeals BoardPacific Bell Telephone CompanySedgwick CMSADJ8150716Supplemental Petition for ReconsiderationDeclaration of Readiness to ProceedWCJ OrderThird Party CreditDue ProcessMandatory Settlement Conference
References
11
Case No. ADJ3157778 (SBR 0342745)
Regular
Aug 26, 2011

Carrita Morales vs. COUNTY OF RIVERSIDE, DEPARTMENT OF PUBLIC HEALTH

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's untimely Petition for Removal due to its late filing. However, the WCAB granted removal on its own motion, citing significant procedural and record-keeping deficiencies. These included a lack of scanned documents in the EAMS system, applicant's waiver of objections to proceeding to trial, and the absence of a proper pretrial conference statement and exhibits. The case was rescinded from the WCJ's order and returned to the trial level for a Mandatory Settlement Conference and further proceedings to establish a complete record.

Petition for RemovalDismissalGranting RemovalOwn Motion RemovalDecision After RemovalWCJDiscovery ReopenedSleep ReportInsomniaPermanent and Stationary
References
2
Case No. ADJ4511531 (LAO 0860156)
Regular
Dec 16, 2010

LEE HARPER vs. KING DREW MEDICAL CENTER, TRISTAR RISK MANAGEMENT

This case involves a lien claimant, VQ OrthoCare, whose litigation manager inadvertently checked the wrong box on an electronic filing form, requesting a "Status Conference" instead of a "Lien Conference." The Administrative Law Judge (WCJ) issued an Order to Show Cause why sanctions should not be imposed for this error and for allegedly filing a false declaration regarding settlement. The Appeals Board granted the lien claimant's petition for removal, finding the WCJ's order to be an interlocutory procedural order, not a final decision subject to reconsideration. Ultimately, the Board rescinded the order to show cause and dismissed the petition for reconsideration, deeming the error excusable and lacking legal basis for sanctions.

WCABPetition for RemovalPetition for ReconsiderationOrder to Show CauseSanctionsLien ClaimantDeclaration of ReadinessStatus ConferenceLien ConferenceEAMS
References
6
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