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Case Law Database

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

Case No. ADJ3970584 (LAO 0836632)

Regular

Nov 04, 2011

RUSSELL NELSON vs. RENAISSANCE HOLLYWOOD HOTEL

The Appeals Board granted the defendant's Petition for Removal, reversing an earlier WCJ order that denied a second deposition of the applicant. This decision allows the defendant to depose the applicant and the appointed physician, Dr. Sadoff, regarding subsequent employment and industrial injury. The Board found good cause for the second deposition, as new information may be relevant to permanent disability and apportionment. The case was taken off calendar pending these depositions, but the request for reassignment of the WCJ was denied.

Petition for RemovalArmin M. SadoffM.D.Regular PhysicianSubsequent EmploymentSubsequent Industrial InjurySecond DepositionCompelling AttendanceCross-examinationPermanent Disability

References

Case No. ADJ2569930

Regular

Jul 30, 2012

LOUIS DOBERT vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board dismissed the City and County of San Francisco's petition for reconsideration. The Board affirmed the prior decision to grant removal and rescind a stay of proceedings, which had been sought pending the applicant's criminal fraud trial. The Board reasoned that continuing to provide workers' compensation benefits aligns with the applicant's presumption of innocence. Denying benefits before a conviction would unjustly prejudice the applicant, and restitution can be sought if convicted.

WCABPetition for ReconsiderationPetition for RemovalStay of ProceedingsPresumption of InnocenceWorkers' Compensation FraudInsurance FraudGrand TheftAttempted PerjuryFindings and Award

References

Case No. ADJ10863870

Regular

Dec 17, 2018

EDWARD WACKERMAN vs. CorTECH, LLC, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied defendant CorTECH, LLC's petition for removal regarding a prior decision. The WCAB had rescinded a judge's award and sent the case back for further discovery, specifically a Qualified Medical Examiner (QME) evaluation, due to applicant's objections to treating physician findings. Defendant argued the WCAB erred in rescinding the judge's award, but the WCAB found the applicant was entitled to a QME evaluation, and the defendant had not demonstrated irreparable harm.

Workers' Compensation Appeals BoardPetition for RemovalDecision After ReconsiderationQualified Medical ExaminerQMEFindings and AwardLabor Coderescinded orderfurther discoverymedical evaluation

References

Case No. SAC 308622 SAC 308623 SAC 309351 SAC 323463 SAC 355784

Regular

May 09, 2007

DELETTE ZIEGELMANN-JACKSON vs. COUNTY OF SACRAMENTO

The applicant sought removal to challenge the WCJ's deferral of a ruling on a petition to enforce a subpoena for personal items, arguing it unfairly required a second deposition. The Appeals Board dismissed removal in several cases where no issues were pending, but granted removal in case number SAC 355784. The Board affirmed the WCJ's order deferring the subpoena ruling, allowing for potential further depositions if warranted, and returned the matter for further proceedings.

Workers Compensation Appeals BoardRemovalPetition to EnforceSubpoena Duces TecumDeferred RulingIndustrial InjuryLabor Code Section 132aDiscriminationPrivacyDeposition

References

Case No. ADJ1943415 (LBO 0381428)

Regular

Aug 14, 2012

ADALBERTO JUAREZ vs. P.S. STIX INCORPORATED, NATIONAL LIABILITY AND FIRE INSURANCE, BERKSHIRE HATHAWAY INSURANCE COMPANIES

This case involves a lien claimant's petition for removal regarding an order to disclose a global settlement with a co-defendant. The Appeals Board found the procedural record deficient, preventing timely review of the removal petition. Ultimately, the Board granted removal on its own motion to address the "procedural morass." The Board rescinded the WCJ's order reinstating a prior minute order and dismissed the lien claimant's petition as moot, allowing for an in-camera review of the settlement agreement.

Petition for RemovalWorkers' Compensation Appeals BoardLien ClaimantGlobal SettlementConfidentiality clauseNon-Disclosure clauseCompromise and ReleaseMandatory Settlement ConferenceWCJOrder Setting Aside

References

Case No. ADJ80340084

Regular

Apr 23, 2013

KEITH CRABTREE vs. CITY OF TURLOCK, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board decision addresses a defendant's petition for removal. The Board denied removal regarding the WCJ's continuance of trial to April 29, 2013. However, the Board granted removal and rescinded the WCJ's order compelling the defendant to produce claims adjustor Rebecca Huiras and the claims file without a subpoena. The matter is returned to the trial level for further proceedings.

RemovalWCJContinuance of trialClaims adjustorWitness productionClaims fileSubpoenaRescindedReturned to trial levelDecision after removal

References

Case No. ADJ3046670 (POM 234030) ADJ3251524 (POM 0179393

Regular

Sep 03, 2014

CAROL ALLISON vs. MERTZ DEL AMO MOBILE ESTATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted removal petitions from both applicant Carol Allison and defendant CIGA, rescinding prior orders concerning an independent medical examination and trial setting. The case is returned to the Marina Del Rey District Office for a conference before the Presiding Workers' Compensation Administrative Law Judge. This conference aims to address the case's complex procedural and substantive issues, which may stem from address errors, service defects, multiple judges, or attorney animosity. CIGA's petition for sanctions against the applicant was denied without prejudice.

WORKERS' COMPENSATION APPEALS BOARDCIGAPETITIONS FOR REMOVALDECISION AFTER REMOVALindependent medical examinerPERMANENT DISABILITYSTATUTE OF LIMITATIONSPROCEDURAL ISSUESDEFECTIVE FILINGSERVICE OF PAPERS

References

Case No. ADJ3589881 (SBR0186633) ADJ2907298 (SBR0185776)

Regular

Mar 14, 2017

THEODORE MOULAS vs. SDA TRANSPORTATION, SAFECO INSURANCE COMPANY OF AMERICA

The defendant sought removal, challenging the WCJ's order to reopen discovery after trial had begun. The Appeals Board initially dismissed the removal petition as moot, believing the discovery dispute was resolved. However, the defendant asserted the dispute remained unresolved, prompting the Board to grant a new petition for removal. The Board rescinded its prior dismissal, denied the original removal petition without prejudice, and ordered the WCJ to hold an expeditious status conference to clarify the case's status and facilitate resolution.

Petition for RemovalDiscovery DisputeMandatory Settlement ConferenceReopening DiscoveryGood CauseIrreparable HarmMoot PetitionRescind OrderStatus ConferenceExpiditious Resolution

References

Case No. ADJ7144283

Regular

Feb 04, 2015

RALPH LOYNACHAN vs. COUNTY OF LOS ANGELES

This case involved an applicant's petition for removal, seeking to address penalties for delayed treatment, which the WCJ denied due to a pending lien conference. The Appeals Board denied the applicant's petition, finding it failed to meet the extraordinary standards for removal, especially since a status conference request was inappropriate with a scheduled hearing. The defendant's subsequent notice, construed as a removal or disqualification petition, was dismissed as untimely. The Board found the defendant's notice to be without merit, admonishing counsel against future similar filings.

Petition for RemovalAppeals BoardWCJ GutierrezPenalties and SanctionsDelay of TreatmentCatastrophically Injured WorkerPetition for DisqualificationUntimely PetitionLabor Code Section 5311WCAB Rule 10452

References

Case No. ADJ6687863

Regular

Nov 09, 2010

BILLY WILLIAMS vs. KAZAKOFF CONSTRUCTION CO., CALIFORNIA INSURANCE COMPANY

The defendant's unverified petition for removal was dismissed for failing to meet verification requirements. However, the Workers' Compensation Appeals Board (WCAB) removed the case on its own motion due to the importance of the venue issue. The WCAB found that venue was improperly transferred to Anaheim due to clerical error, as the applicant resided in Riverside County, the injury occurred in Riverside County, and the applicant's original attorney's principal place of business was Riverside. Therefore, venue was changed back to the Riverside district office.

Petition for RemovalVerified PetitionPetition for Change of VenueLabor Code section 5501.5VenueRiversideAnaheimClerical ErrorDeclaration of Readiness to Proceed (DOR)Mandatory Settlement Conference (MSC)

References

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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. ADJ3970584 (LAO 0836632)

Regular

Nov 04, 2011

RUSSELL NELSON vs. RENAISSANCE HOLLYWOOD HOTEL

Petition for RemovalArmin M. SadoffM.D.Regular PhysicianSubsequent EmploymentSubsequent Industrial InjurySecond DepositionCompelling AttendanceCross-examinationPermanent Disability

References

Case No. ADJ2569930

Regular

Jul 30, 2012

LOUIS DOBERT vs. CITY AND COUNTY OF SAN FRANCISCO

WCABPetition for ReconsiderationPetition for RemovalStay of ProceedingsPresumption of InnocenceWorkers' Compensation FraudInsurance FraudGrand TheftAttempted PerjuryFindings and Award

References

Case No. ADJ10863870

Regular

Dec 17, 2018

EDWARD WACKERMAN vs. CorTECH, LLC, ZURICH AMERICAN INSURANCE COMPANY

Workers' Compensation Appeals BoardPetition for RemovalDecision After ReconsiderationQualified Medical ExaminerQMEFindings and AwardLabor Coderescinded orderfurther discoverymedical evaluation

References

Case No. SAC 308622 SAC 308623 SAC 309351 SAC 323463 SAC 355784

Regular

May 09, 2007

DELETTE ZIEGELMANN-JACKSON vs. COUNTY OF SACRAMENTO

Workers Compensation Appeals BoardRemovalPetition to EnforceSubpoena Duces TecumDeferred RulingIndustrial InjuryLabor Code Section 132aDiscriminationPrivacyDeposition

References

Case No. ADJ1943415 (LBO 0381428)

Regular

Aug 14, 2012

ADALBERTO JUAREZ vs. P.S. STIX INCORPORATED, NATIONAL LIABILITY AND FIRE INSURANCE, BERKSHIRE HATHAWAY INSURANCE COMPANIES

References

Case No. ADJ80340084

Regular

Apr 23, 2013

KEITH CRABTREE vs. CITY OF TURLOCK, YORK RISK SERVICES GROUP, INC.

RemovalWCJContinuance of trialClaims adjustorWitness productionClaims fileSubpoenaRescindedReturned to trial levelDecision after removal

References

Case No. ADJ3046670 (POM 234030) ADJ3251524 (POM 0179393

Regular

Sep 03, 2014

CAROL ALLISON vs. MERTZ DEL AMO MOBILE ESTATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY

References

Case No. ADJ3589881 (SBR0186633) ADJ2907298 (SBR0185776)

Regular

Mar 14, 2017

THEODORE MOULAS vs. SDA TRANSPORTATION, SAFECO INSURANCE COMPANY OF AMERICA

Petition for RemovalDiscovery DisputeMandatory Settlement ConferenceReopening DiscoveryGood CauseIrreparable HarmMoot PetitionRescind OrderStatus ConferenceExpiditious Resolution

References

Case No. ADJ7144283

Regular

Feb 04, 2015

RALPH LOYNACHAN vs. COUNTY OF LOS ANGELES

References

Case No. ADJ6687863

Regular

Nov 09, 2010

BILLY WILLIAMS vs. KAZAKOFF CONSTRUCTION CO., CALIFORNIA INSURANCE COMPANY

References

Showing 1-10 of 3,873 results

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