Updated Daily

Case Law Database

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

Case No. ADJ8782991, ADJ8783990

Regular

Aug 08, 2013

CHANTELLE LOPEZ vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal seeking to rescind an order continuing the case to trial. The Board found the petition to be procedurally deficient as it was unverified and lacked a showing of significant prejudice. While the defendant correctly argued the cases shouldn't have been set for a priority conference due to admitted injuries, the conference effectively served as a settlement conference, and the trial is not limited to just temporary disability. The Board affirmed that the trial may proceed on all issues identified in the Pre-Trial Conference Statement.

Workers Compensation Appeals BoardPetition for RemovalPriority ConferenceMandatory Settlement ConferencePre-Trial Conference StatementDeclaration of Readiness to ProceedWCJUnverified PetitionPrimary Treating PhysicianMedical-Legal Process

References

Case No. ADJ10297312

Regular

Aug 10, 2016

ARACELI SAENZ DIAZ vs. MICHAEL'S STORES, SAFETY NATIONAL CASUALTY, GALLAGHER BASSETT SERVICES, INC.

The defendant sought removal of an order setting a Priority Conference, arguing it denied due process and would cause prejudice. The defendant contended the conference was premature as they had denied the claim and were awaiting a QME evaluation. However, the Workers' Compensation Appeals Board (WCAB) discovered the Priority Conference had already occurred and a trial date was set. Consequently, the WCAB dismissed the defendant's Petition for Removal as moot.

Petition for RemovalPriority ConferenceAOE/COEQME panelLabor Code section 4060due processdiscoverymootWorkers' Compensation Appeals BoardWCJ

References

Case No. ADJ9108418

Regular

Jul 24, 2014

OLIVIA MOLINA vs. KARL STORZ IMAGING INC., UNITED STATE FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to allow for further discovery. The applicant claims multiple industrial injuries, which the employer denies. Two prior attempts to depose the applicant were unsuccessful due to circumstances beyond her control. The Board found the case's trial setting premature, especially with a QME panel recently requested, and redesignated the upcoming hearing as a priority conference to determine necessary discovery.

Petition for RemovalDecision After RemovalContinued MatterClosed DiscoveryAdditional DiscoveryApplicant's DepositionInterpreterQualified Medical Evaluator (QME)Panel of QMEsMedical Unit

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. ADJ659082 (VNO 0320883) ADJ1 865687 (VNO 0550954) ADJ2289733 (VNO 0554994) ADJ3119126 (VNO 0554995) ADJ4554289 (VNO 0554996)

Regular

Mar 01, 2016

EVERARDO RODRIGUEZ vs. THE STANLEY WORKS/HOME DÉCOR; TRAVELERS

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration would be inadequate. The Board found, adopting the WCJ's reasoning, that the defendant failed to demonstrate such prejudice. The WCJ clarified that continuing the matter to another priority conference, which is a type of status conference, did not cause harm as the defendant's request for a "normal status conference" was essentially granted.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationPriority ConferenceStatus ConferenceAdministrative Law JudgeDiscoveryMaterial Handler

References

Case No. ADJ9155937

Regular

Dec 16, 2016

SYLVIA MC GILVARY vs. SAN DIEGUITO PRINTERS, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's petition for removal. The defendant argued that the case should have proceeded to trial, not a priority conference, because the applicant did not object to the declaration of readiness. The Board rescinded the WCJ's order, returning the matter for a mandatory settlement conference. This will allow the applicant's attorney to present evidence regarding the objection to the declaration of readiness.

Workers' Compensation Appeals BoardPetition for RemovalMinute OrderMandatory Settlement ConferencePriority ConferenceDeclaration of Readiness to ProceedWCJApplicantDefendantEAMS ADJ file

References

Case No. ADJ9905068

Regular

Jan 27, 2017

ASUNCION HERNANDEZ vs. MASON HILL, INC. and EMPLOYERS PREFERRED INSURANCE COMPANY; ELLA LANE, INC. and ZURICH AMERICAN INSURANCE COMPANY by GALLAGHER BASSETT SERVICES, INC./EMPLOYERS COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Applicant's Petition for Removal. The Board found that the Workers' Compensation Judge (WCJ) denied Applicant due process by issuing orders for trial and sanctions without Applicant's attorney present to identify issues. The Board rescinded the WCJ's orders and scheduled a Mandatory Settlement Conference. The matter is returned to the WCJ for further proceedings.

Petition for RemovalDue ProcessAOE/COEPriority ConferenceFailure to AppearSanctionsMandatory Settlement ConferencePre-Trial Conference StatementRescinded OrderSubstantial Prejudice

References

Case No. ADJ6676904

Regular

May 26, 2010

LOUIS BULLARD vs. CLEVELAND BROWNS, SEATTLE SEAHAWKS, Baltimore Ravens

This case involves a professional athlete claiming workers' compensation injuries from two NFL teams. The Appeals Board granted the defendant's petition for removal after the applicant's death during the pendency of the case. The trial date was vacated, and the matter was returned to the trial level for a priority conference. This is due to the need to address accrued benefits payable to dependents and to potentially identify and join them as parties.

Petition for RemovalWorkers' Compensation Appeals BoardProfessional AthleteMandatory Settlement ConferenceContinued to TrialJoinder as Party-DefendantFurther DiscoveryApplicant's DeathAccrued and Unpaid BenefitsSurviving Dependents

References

Case No. ADJ6860472

Regular

Feb 11, 2011

MARINA ALVAREZ vs. 4 YOU APPAREL, INC., THE HARTFORD, Employers Compensation Insurance Company (ECIC)

The Workers' Compensation Appeals Board granted The Hartford's Petition for Removal to address procedural issues before trial. A new defendant, ECIC, was joined late, preventing adequate discovery and participation. Additionally, Hartford has not yet received a qualified medical evaluator panel for psychiatric evaluations due to a defective request. Consequently, the trial was redesignated as a priority conference, and the case will be rescheduled for trial once discovery is complete.

Petition for RemovalWorkers' Compensation Appeals BoardQualified Medical EvaluatorsAgreed Medical EvaluatorJoinder of partyCumulative traumaMandatory Settlement ConferenceLabor Code section 5500.5(c)Priority conferenceMedical Unit

References

Case No. ADJ8517731

Regular

Jul 23, 2013

BLANCA CALDERON vs. CPS SECURITY SOLUTIONS

The Appeals Board denied the defendant's petition for removal, upholding the WCJ's denial of a medical records release form because the defendant conceded they had not yet been prejudiced and had received records via subpoena. The Board also found the defendant's discovery requests regarding a prior sexual harassment lawsuit too vague to compel and noted that specific facts demonstrating good cause under Labor Code section 3208.4 would be required for discovery related to sexual conduct. The case was remanded for a priority conference, where the defendant must present a comprehensive discovery plan, and the WCJ will issue appropriate discovery orders.

Petition for RemovalRelease of Medical RecordsLabor Code section 3208.4Sexual Harassment LitigationDiscoveryMandatory Settlement ConferencePriority ConferenceWCJAppeals BoardIrreparable Harm

References

Showing 1-10 of 2,003 results

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Updated Daily

Case Law Database

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

Case No. ADJ8782991, ADJ8783990

Regular

Aug 08, 2013

CHANTELLE LOPEZ vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, YORK RISK SERVICES GROUP

References

Case No. ADJ10297312

Regular

Aug 10, 2016

ARACELI SAENZ DIAZ vs. MICHAEL'S STORES, SAFETY NATIONAL CASUALTY, GALLAGHER BASSETT SERVICES, INC.

Petition for RemovalPriority ConferenceAOE/COEQME panelLabor Code section 4060due processdiscoverymootWorkers' Compensation Appeals BoardWCJ

References

Case No. ADJ9108418

Regular

Jul 24, 2014

OLIVIA MOLINA vs. KARL STORZ IMAGING INC., UNITED STATE FIRE INSURANCE COMPANY

Petition for RemovalDecision After RemovalContinued MatterClosed DiscoveryAdditional DiscoveryApplicant's DepositionInterpreterQualified Medical Evaluator (QME)Panel of QMEsMedical Unit

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

Petition for RemovalWorkers' Compensation Appeals BoardWCJMinute OrderDiscoveryIrreparable HarmApplication for AdjudicationIndustrial CausationEmploymentCoverage

References

Case No. ADJ659082 (VNO 0320883) ADJ1 865687 (VNO 0550954) ADJ2289733 (VNO 0554994) ADJ3119126 (VNO 0554995) ADJ4554289 (VNO 0554996)

Regular

Mar 01, 2016

EVERARDO RODRIGUEZ vs. THE STANLEY WORKS/HOME DÉCOR; TRAVELERS

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationPriority ConferenceStatus ConferenceAdministrative Law JudgeDiscoveryMaterial Handler

References

Case No. ADJ9155937

Regular

Dec 16, 2016

SYLVIA MC GILVARY vs. SAN DIEGUITO PRINTERS, CYPRESS INSURANCE COMPANY

Workers' Compensation Appeals BoardPetition for RemovalMinute OrderMandatory Settlement ConferencePriority ConferenceDeclaration of Readiness to ProceedWCJApplicantDefendantEAMS ADJ file

References

Case No. ADJ9905068

Regular

Jan 27, 2017

ASUNCION HERNANDEZ vs. MASON HILL, INC. and EMPLOYERS PREFERRED INSURANCE COMPANY; ELLA LANE, INC. and ZURICH AMERICAN INSURANCE COMPANY by GALLAGHER BASSETT SERVICES, INC./EMPLOYERS COMPENSATION INSURANCE COMPANY

Petition for RemovalDue ProcessAOE/COEPriority ConferenceFailure to AppearSanctionsMandatory Settlement ConferencePre-Trial Conference StatementRescinded OrderSubstantial Prejudice

References

Case No. ADJ6676904

Regular

May 26, 2010

LOUIS BULLARD vs. CLEVELAND BROWNS, SEATTLE SEAHAWKS, Baltimore Ravens

References

Case No. ADJ6860472

Regular

Feb 11, 2011

MARINA ALVAREZ vs. 4 YOU APPAREL, INC., THE HARTFORD, Employers Compensation Insurance Company (ECIC)

References

Case No. ADJ8517731

Regular

Jul 23, 2013

BLANCA CALDERON vs. CPS SECURITY SOLUTIONS

Petition for RemovalRelease of Medical RecordsLabor Code section 3208.4Sexual Harassment LitigationDiscoveryMandatory Settlement ConferencePriority ConferenceWCJAppeals BoardIrreparable Harm

References

Showing 1-10 of 2,003 results

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