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

Case No. ADJ7709362
Regular
Dec 05, 2011

Gloria Kudelko vs. UNITED SERVICES AUTOMOBILE ASSOCIATION, HARTFORD INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves a defendant's petition for removal and reassignment of a Workers' Compensation Appeals Board matter. The defendant sought removal of an order from August 9, 2011, which scheduled trial, ordered a claims adjuster to appear, and ordered her to show cause for failing to appear at a prior conference. The Board granted the petition, rescinded the August 9, 2011 order, and returned the case for reassignment to a different WCJ for trial. The Board also stated the current WCJ should proceed with the sanctions issue, allowing the adjuster an opportunity to show good cause for her non-appearance.

Petition for RemovalWCJ SanctionClaims Adjuster AppearanceReassignment WCJMandatory Settlement ConferenceShow Cause OrderIndustrial InjuryWCAB Rule 10453Interlocutory OrderPetition for Reassignment
References
Case No. ADJ3707641 (VNO 0530022)
Regular
Sep 01, 2009

BERTHA LEON vs. UCLA MEDICAL CENTER, Permissibly Self-Insured, Administered by, SEDGWICK CMS

The Workers' Compensation Appeals Board granted reconsideration for a dismissed lien claim, finding the lien claimant failed to prove the reasonableness of its charges. Although the lien claimant argued a denial of due process, the Board found they were given notice and an opportunity to present evidence, but did not. The lien claimant also waived their right to a judge reassignment by not properly filing a motion. Ultimately, the Board rescinded the dismissal and disallowed the lien claim due to lack of evidence.

Petition for ReconsiderationOrder of DismissalLien ClaimantReasonableness of ChargesDue ProcessWCJBurden of ProofMinutes of HearingReassignment of JudgeAutomatic Reassignment
References
Case No. ADJ2224397 (ANA 0397221)
Regular
Jul 27, 2018

MARK PAYNE vs. MBC CONSTRUCTION, REDWOOD FIRE & CASUALTY INSURANCE COMPANY

The applicant petitioned to disqualify Administrative Law Judge Angel Barnes, alleging bias and a prior reassignment due to such bias. The Workers' Compensation Appeals Board reviewed the petition and the ALJ's report. The Board found that testimony had already been taken, and there was no record of a reassignment based on bias. Therefore, the applicant's Petition for Disqualification was denied.

Petition for DisqualificationWCJ Angel BarnesLabor Code section 5311Code of Civil Procedure Section 641Cal. Code Regs. tit. 8 § 10452biasadministrative law judgeworkers' compensation appeals boardreassignmentaffidavit
References
Case No. ADJ9932404
Regular
Oct 08, 2019

FRANK DEVILLE vs. EXIDE TECHNOLOGIES, ZURICH AMERICAN INSURANCE GROUP

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal. The Board found the applicant was not aggrieved as no order had yet been issued. The request for WCJ reassignment was denied as the applicant had already used their one automatic reassignment right. Furthermore, the petition failed to provide specific factual allegations required to disqualify the WCJ.

Petition for RemovalWCJExhibit ExclusionIllegible ScanningReassignmentDisqualificationLabor Code section 5311WCAB Rule 10452Code of Civil Procedure section 641Affidavit
References
Case No. ADJ10302037
Regular
Apr 19, 2017

HORACE WILLIAMS vs. ALAMEDA COUNTY, YORK RISK SERVICES

The applicant, Horace Williams, filed a Petition to Disqualify Judge Christopher Miller prior to an expedited hearing. Following this petition, the case was reassigned to a different judge, Stanley Shields. Consequently, the Appeals Board dismissed the applicant's petition as moot due to the reassignment of the judge. The Board's order reflects that the disqualification petition is therefore dismissed.

Petition to DisqualifyWCJReassignmentMootDismissedExpedited HearingRemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeOakland District Office
References
Case No. AHM 0123957
Regular
Jan 07, 2008

CHRISTOPHER L PREVATT vs. COUNTY OF ORANGE

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration, upholding the administrative law judge's findings. The Board affirmed that the applicant sustained a psychiatric injury predominantly caused by actual employment events, specifically a retaliatory reassignment. Furthermore, the Board found the employer failed to establish that the reassignment was a lawful, nondiscriminatory, or good faith personnel action.

Psychiatric injuryPredominant causeLawful personnel actionNondiscriminatoryGood faithReassignmentTB ProgramHIV+RetaliatoryOffice of Compliance
References
Case No. ADJ7503681
Regular
Jul 24, 2012

WAYNE RADLOFF vs. ATLANTA FALCONS

Defendant National Union petitioned for the Workers' Compensation Judge's disqualification based on unspecified grounds, requesting reassignment. The Workers' Compensation Appeals Board dismissed the petition because it lacked the required affidavit or declaration detailing facts for disqualification. Furthermore, the petition was not verified, violating WCAB Rule 10842(b). Consequently, the Board denied the request for disqualification and reassignment.

WORKERS' COMPENSATION APPEALS BOARDWayne RadloffAtlanta FalconsADJ7503681Petition for DisqualificationCCP § 641(f)CCP § 641(g)Labor Code section 5311WCAB Rule 10452affidavit
References
Case No. ADJ2703329 (OAK 0339383)
Regular
Oct 01, 2008

LUZVIMINDA U. SENAS vs. EBMUD and SEDGWICK CLAIMS MANAGEMENT, US Bank and Travelers

The applicant, Luzviminda U. Senas, filed petitions to disqualify Judge Valerie M. Sauban and for automatic reassignment, alleging bias and prejudice. The Workers' Compensation Appeals Board denied both petitions, finding no evidence of bias in the judge's past rulings and noting that the reassignment petition was premature as the case was not yet set for trial. The Board concluded that the judge acted fairly and impartially in prior proceedings.

WCABDisqualificationReassignmentAdministrative Law JudgeSerious and Willful MisconductLabor Code Section 132aIndustrial InjuryPetition for ReconsiderationAffidavitDeclaration Under Penalty of Perjury
References
Case No. ADJ7469887, ADJ4689210, ADJ6906409
Regular
Apr 30, 2018

Donald Yeager vs. CALPORTLAND COMPANY, MITSUI SUMITOMO INSURANCE USA, INC.

The Workers' Compensation Appeals Board granted applicant's petition for removal to address an unclear administrative law judge (WCJ) order reassigning the trial. The Board found the record lacked sufficient evidence to support the reassignment, particularly regarding how a prior assignment order was disregarded. Consequently, the Board rescinded the reassignment order and returned the matter to the Presiding WCJ for further proceedings to establish an adequate record and determine any valid grounds for reassignment. This action ensures proper procedure and evidence review before a final decision.

Petition for RemovalWCAB Rule 10453Automatic ReassignmentPresiding WCJQualified Medical Evaluator (QME)ReconsiderationSubstantial PrejudiceIrreparable HarmDiscovery IssuesMandatory Settlement Conference (MSC)
References
Case No. ADJ1132003 (LBO 0329486)
Regular
Aug 19, 2013

NICOLE R. CHEATHAM vs. LOMA LINDA UNIVERSITY MEDICAL CENTER, LOMA LINDA HOME CARE

The Appeals Board granted the Defendant's Petition for Removal to overturn an Order that denied its request for automatic reassignment of the case. The Board found that the Presiding Judge erred by denying reassignment based on a prior award issued by Judge Pusey in 2003, as Judge Pusey had not been assigned as the trial judge at that time. The Appeals Board granted the reassignment and ordered the expedited hearing be set before a judge other than Judge Pusey. This decision recognizes the defendant's statutory right to automatic reassignment when a new trial date is set before a judge who has not previously presided over a trial in the matter.

Petition for RemovalAutomatic ReassignmentOrder Denying PetitionExpedited HearingStipulations With Request for AwardCumulative Trauma InjuryPetition to Re-openDeclaration of Readiness to ProceedLabor Code section 5310Cal. Code Regs.
References
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