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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
Case No. ADJ8002481
Regular
Jun 05, 2012

MICHAEL GAMBILL vs. CONSTRUCTION TESTING SERVICES, INC., IMPERIUM INSURANCE COMPANY

In *Gambill v. Construction Testing Services, Inc.*, the Workers' Compensation Appeals Board granted defendant's Petition for Removal. The Board found that defendant's attorney's late appearance at a Mandatory Settlement Conference was due to an inadvertent calendaring error, not a pattern of misconduct. Therefore, substantial justice warranted allowing the parties to revise their Pretrial Conference Statement before the scheduled trial. The Board's decision permits revised pretrial statements and allows the judge to take further appropriate action at trial, including potential continuances.

Petition for RemovalMandatory Settlement ConferenceMiscalendaringInadvertent ErrorSubstantial JusticeReimbursement of CostsPretrial Conference StatementDecision After RemovalWorkers' Compensation Appeals BoardWCJ
References
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
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
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
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
Case No. ADJ4639631 (MON 0327478)
Regular
Nov 08, 2012

MARY JONES vs. UCLA MEDICAL CENTER, SEDGWICK, CMS

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, finding that the judge improperly continued the case to trial after a status conference without defendant's agreement. The Board rescinded the judge's order, stating that a mandatory settlement conference (MSC) is required after a status conference unless parties agree otherwise. The case is returned for further proceedings, including setting a new MSC, with discovery remaining open to allow the defendant to complete its investigation.

Petition for RemovalWCJStatus ConferenceMandatory Settlement ConferenceDiscoveryOff CalendarLabor Code Section 5502(e)(3)WCAB Rule 10301(dd)Pretrial Conference StatementDeclarations of Readiness to Proceed
References
Case No. ADJ11532009
Regular
Aug 06, 2019

RIGOBERTO MONTOYA, vs. GRAEBEL VAN-LINES HOLDINGS, LLC, ARCH INSURANCE COMPANY, ONE BEACON, BRENTWOOD SERVICE ADMINISTRATORS, INC., GALLAGHER BASSETT

Defendant Arch Insurance sought removal of a trial setting order, claiming irreparable harm due to incomplete discovery, specifically the applicant's refusal to provide a Social Security earnings release. The Appeals Board denied the petition, finding that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board noted that the issues of employment, coverage, and the need for the earnings statement are still before the Workers' Compensation Judge. Consequently, the petition was denied, and the WCJ was advised to potentially convert the trial to a priority conference to address discovery.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMinute OrderDiscoveryIrreparable HarmApplication for AdjudicationIndustrial CausationEmploymentCoverage
References
Case No. ADJ7604114; ADJ7607366
Regular
Nov 01, 2013

JOSE REYES VARGAS vs. CRUNCH METALS; HARTFORD

The Appeals Board granted applicant's Petition for Removal, rescinding the WCJ's order continuing the matters to trial. The Board found the defendant's Declaration of Readiness to Proceed (DOR) defective for failing to specify any principal issues, thereby hindering the applicant's trial preparation. Furthermore, there was no record of a required Pretrial Conference Statement, and no evidence of applicant's lack of diligence. Consequently, the case was taken off calendar.

Petition for RemovalDeclaration of Readiness to ProceedMandatory Settlement ConferenceQualified Medical EvaluatorPretrial Conference StatementLabor Code section 5502(d)(3)Court Administrator Rule 10250(d)Industrial InjuryCumulative TraumaSpinal Injury
References
Case No. ADJ2289246 (MON 0362113) ADJ4589003 (MON 0362111) ADJ826510 (MON 0362112)
Regular
Jul 23, 2015

ORLANDO ORTEGA vs. CALIFORNIA CLOSET COMPANY, NATIONAL LIABILITY & FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for removal, upholding the administrative law judge's exclusion of a fax delivery confirmation. This evidence pertained to a utilization review decision that denied a lumbar MRI and was excluded for not being listed on the pretrial conference statement and being served late. The Board found the evidence was not properly admissible as rebuttal under Labor Code section 5704 as the timeliness of the UR decision was a central, expected issue.

Petition for RemovalUtilization ReviewWCJ evidentiary rulingfax delivery confirmationpretrial conference statementmandatory settlement conferenceLabor Code section 5704rebuttal evidencelumbar MRIclaims examiner
References
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