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Case Law Database

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

Case No. ADJ2501619 (OAK 0286955)
Regular
Nov 10, 2008

JAMES BRADFORD vs. MCMILLAN BROS. ELECTRIC, INC., PACIFIC EAGLE INSURANCE CO./tpa SEABRIGHT INSURANCE CO.

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petitions for reconsideration, removal, and stay of execution. The petition for reconsideration was dismissed as untimely because it was filed with the Appeals Board more than 25 days after the arbitrator's decision. The Board also lacked jurisdiction to grant the petition for removal or stay of execution, as these actions are not permitted for an arbitrator's decision in a Labor Code section 3201.5 carve-out case.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for Stay of ExecutionUntimely FilingLabor Code Section 3201.5Carve-out CaseArbitrator's DecisionJurisdictionAppeals Board Rule 10865
References
4
Case No. ADJ8938458
Regular
Jun 16, 2014

JUAN SOLANO RAMIREZ vs. ELAINE BELL CATERING, CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved a Petition for Reconsideration filed by former attorney Kenneth Martinson concerning a dismissed claim. Martinson argued the claim was dismissed before he could pursue his lien for fees. However, Martinson subsequently withdrew his Petition for Reconsideration and also requested the dismissal of his lien. Consequently, the Board dismissed the Petition for Reconsideration as withdrawn and dismissed Martinson's lien by operation of law.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien DismissalLabor Code Section 5710Appeals Board Rule 10770(g)Appeals Board Rule 10770(h)Dismissal of ClaimLien ClaimantWithdrawal of PetitionAttorney Fees
References
0
Case No. ADJ6644897
Regular
Jan 10, 2011

DOUGLAS DONIS vs. HUXTABLES KITCHEN, INC., INSURANCE COMPANY OF THE WEST

The Appeals Board granted reconsideration of the dismissal of the applicant's case because the medical provider, Metropolitan Health Medical Group, was deemed an aggrieved party. The Board dismissed the medical provider's initial petition for reconsideration as it was filed against a non-final notice of intent to dismiss. Consequently, the prior order dismissing the applicant's claim was rescinded, and the case was returned to the trial level for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationDismissal of CaseLabor Code Section 5900Person AggrievedFailure to ProsecuteBoard Rule 10582Interlocutory OrdersFinal OrderSubstantive Right or Liability
References
3
Case No. ADJ689141 (VNO 0427602)
Regular
May 09, 2013

CHERYL CORRAL vs. COUNTY OF LOS ANGELES, DEPARTMENT OF SOCIAL SERVICES

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, adopting the WCJ's reasoning. Simultaneously, the Board dismissed the defendant's petition for reconsideration. This dismissal was based on the defendant not being an aggrieved party by the WCJ's decision. The outcome was the denial of the applicant's reconsideration request and the dismissal of the defendant's reconsideration request.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationDENIEDDISMISSEDaggrievedWCJ's decisionLab. Code§ 5900Mullen & Filippi LLPDaniel Anaya
References
1
Case No. ADJ1534095 (LAO 0820188)
Regular
Dec 16, 2013

PAMELA MCMILLIN vs. XEROX CORPORATION; ACE USA, administered by SEDGWICK CMS

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration. The Board found that the lien claimant's petition for reconsideration of an order dismissing its lien was untimely filed. Because the original petition was untimely, the administrative law judge lacked jurisdiction to rescind the dismissal order. Therefore, the Board rescinded the judge's order and dismissed the lien claimant's petition, leaving the original dismissal order in effect.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Rescinding DecisionLien ClaimLien Activation FeeLabor Code Section 4903.06JurisdictionUntimely FilingCompromise and ReleaseWCJ
References
1
Case No. OAK 0291213
Regular
Oct 03, 2007

Deborah Thompson vs. EAST BAY MUNICIPAL UTILITY DISTRICT, OCTAGON RISK SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The Board dismissed a lien claimant's petition as unverified, but granted reconsideration for another lien claimant, Webster Surgery Center. Consequently, Webster's lien claim will be deferred for further proceedings at the trial level, while the original order regarding Bay Surgery Center was effectively upheld by dismissal.

Workers' Compensation Appeals BoardReconsideration DeniedReconsideration DismissedReconsideration GrantedLien ClaimUnverified PetitionLabor Code Section 5902Deferred LienFindings of FactDecision After Reconsideration
References
2
Case No. EUR 0038527
Regular
Jan 25, 2008

JOHN TURNER vs. CITY OF EUREKA, Permissibly Self-Insured, c/o REDWOOD EMPIRE MUNICIPAL INSURANCE FUND

The defendant employer sought reconsideration of a WCJ's award finding industrial injury to the applicant's heart and Hepatitis C. The defendant claimed newly discovered evidence existed that undermined the original decision. The Appeals Board granted reconsideration for one case number, rescinded the WCJ's award, and returned the matter for further proceedings to consider the new evidence. The petition for reconsideration of a second, dismissed case number was dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardPermanent DisabilityApportionmentNewly Discovered EvidenceReport and RecommendationDuplicate FileDismissed with PrejudiceTimeliness
References
4
Case No. ADJ4139709
Regular
Jan 14, 2010

JORGE HERRERA vs. ROMANO'S MACARONI GRILL, LIBERTY MUTUAL INSURANCE COMPANY

The Applicant filed a petition for reconsideration from a non-final Notice of Intention to Dismiss, which is procedurally improper. Simultaneously, a different judge approved a Compromise and Release Agreement on the same day the petition was filed, an action beyond the judge's authority once the petition was pending. The Board dismissed the Applicant's petition for reconsideration and, on its own motion, granted reconsideration of the approved Compromise and Release. Consequently, the Order Approving Compromise and Release was vacated and the matter remanded for further consideration of the agreement.

Petition for ReconsiderationOrder of DismissalMandatory Settlement ConferenceCompromise and Release AgreementNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJEAMSLabor CodeFinal Order
References
0
Case No. ADJ7550263
Regular
Mar 25, 2013

JOSE L. MORALES vs. KINGS COUNTY WASTE & RECYCLING

The Workers' Compensation Appeals Board (WCAB) addressed three petitions for reconsideration regarding dismissed lien claims. Comprehensive Interpreting's petition was dismissed as untimely filed. Prime Med's petition was denied on the merits, as their clients failed to pay the required lien activation fee, a mandatory requirement under Labor Code section 4903.06. Bakersfield Radiology's petition was granted, rescinding the dismissal order and remanding the case for further proceedings due to a defective dismissal order that improperly combined fee non-payment with failure to appear, and a lack of proper notice requirements for the latter.

Workers' Compensation Appeals BoardLien Activation FeeLabor Code section 4903.06Petition for ReconsiderationDismissal of LienDue ProcessUntimely FilingMandatory LanguageDefective OrderNotice of Intention to Dismiss
References
0
Case No. ADJ2373766 (AHM 0114662)
Regular
Mar 10, 2009

DENNIS HAWKINS vs. WERNER ENTERPRISES; ST. PAUL TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (Board) granted reconsideration on its own motion after a lien claimant's petition was untimely considered. The Board found that the initial dismissal of the lien claimant's lien was improper as the Administrative Law Judge (ALJ) did not consider the lien claimant's timely objection. While the lien claimant's petition for reconsideration was dismissed as it sought review of a non-final order, the Board amended the ALJ's dismissal order. The matter was returned to the ALJ for further proceedings on the lien claimant's objection.

Lien ClaimantPetition for ReconsiderationNotice of Intent to DisallowWCJ Order Dismissing LienCompromise and ReleaseIndustrial InjuryDue ProcessStatutory Time PeriodBoard Motion ReconsiderationInterlocutory Order
References
5
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