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

Case No. ADJ7131007
Regular
Oct 18, 2010

PHILLIP SCHWARTZ (DEC'D.) vs. HALLIDAY MANAGEMENT, GAB ROBINS

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal in the case of Phillip Schwartz (deceased) v. Halliday Management and GAB Robins. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) as the basis for its decision. The order denying removal was filed on October 18, 2010.

Workers' Compensation Appeals BoardPetition for RemovalWorkers' Compensation Administrative Law JudgeADJ7131007Denying RemovalHalliday ManagementGab RobinsPhillip Schwartz (Dec'd)Order Denying RemovalDenial of Removal
References
Case No. ADJ10283764
Regular
Aug 16, 2019

KENNETH VANDERFORD vs. GOODWILL INDUSTRIES OF SAN DIEGO, CORVEL CORPORATION

This case involves applicant Kenneth Vanderford's petition for removal from a Workers' Compensation Appeals Board (WCAB) proceeding. The WCAB denied the petition because removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. Furthermore, the applicant's procedural and bias arguments were found to be without merit, and reconsideration was deemed an adequate remedy. The WCAB ultimately denied the petition for removal, upholding the WCJ's report and recommendations.

ADJ10283764Petition for RemovalDenial of RemovalSubstantial PrejudiceIrreparable HarmReconsideration Adequate RemedyWCJ ReportLabor Code Section 5402AOE/COEBad Faith Denial
References
Case No. ADJ796326 SBR 0335473
Regular
Jan 25, 2012

REVIN DELONEY vs. ANGELICA LINENS, GALLAGHER BASSETT

The applicant, Revin Deloney, filed a Petition for Removal with the Workers' Compensation Appeals Board (WCAB). The WCAB reviewed the petition and the report of the workers' compensation administrative law judge (WCJ). Based on the record and adopting the WCJ's reasoning, the WCAB has denied the Petition for Removal.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportdenial of removalAdministrative Law JudgeAngelica LinensGallagher BassettDeloneySan Bernardino District Officeremoval petition
References
Case No. ADJ2128038 (LAO 0880646) ADJ2375832 (LAO 0880647)
Regular
Oct 11, 2010

LATRICE DOTTIN vs. LONG BEACH TRANSIT, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board denied Latrice Dottin's Petition for Removal in this matter. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge's report. Therefore, the petition for removal was denied. This decision pertains to case numbers ADJ2128038 and ADJ2375832.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportdeny removalADJ2128038ADJ2375832LAO 0880646LAO 0880647Long Beach TransitTristar Risk Management
References
Case No. LAO 823855, LAO 823856
Regular
Oct 03, 2007

PEDRO M. RODRIGUEZ vs. RALPHS GROCERY COMPANY

The applicant sought reconsideration of a denial of workers' compensation benefits, which was based on the finding that his claims were filed after notice of termination. The Board affirmed the denial, concluding that the applicant's job abandonment led to a termination prior to the filing of his claims. The Board also determined that the employer properly denied both the specific and cumulative trauma claims, thus negating a presumption of compensability.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderFindings of FactAdministrative Law JudgeApplicantDefendantRalphs Grocery CompanySecurity GuardIndustrial Injury
References
Case No. ADJ9822757; ADJ9826854
Regular
Dec 07, 2016

MIREYA CASILLAS vs. CVS PHARMACY, INC., NEW HAMPSHIRE INSURANCE, GALLAGHER BASSETT SERVICES

The Appeals Board denied Mireya Casillas's Petition for Removal because she failed to demonstrate substantial prejudice or irreparable harm required for this extraordinary remedy. The WCJ's report, incorporated by the Board, found that the defendants' 24-day delay in authorizing MPN treatment did not constitute a denial of care that would permit treatment outside the MPN, especially since authorization was eventually provided before the applicant designated a non-MPN physician. The Board concluded that reconsideration would be an adequate remedy for any potential adverse decision. Therefore, removal was denied.

RemovalPetition for RemovalWorkers' Compensation Appeals BoardMedical Provider NetworkMPNDenial of CarePrimary Treating PhysicianAuthorizationPrejudiceIrreparable Harm
References
Case No. ADJ2827250
Regular
Nov 22, 2016

LIZA GONZALEZ vs. LOS ANGELES COUNTY SHERIFF, COUNTY OF LOS ANGELES, YORK

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The defendant failed to demonstrate that denial of removal would cause such harm or that reconsideration would be an inadequate remedy. While the defendant's petition for reconsideration was found timely, this did not alter the outcome regarding removal. The Board adopted the reasoning of the administrative law judge, denying the petition.

Petition for RemovalWorkers' Compensation Appeals Boardsubstantial prejudiceirreparable harmreconsiderationextraordinary remedydenial of removaltimelinessproof of servicelien conference
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. ADJ2523911 (MON 0281750) ADJ2669536 (MON 0287852) ADJ2826764 (LAO 0791910)
Regular
Apr 25, 2013

GEORGE MORENO vs. RALPHS GROCERY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal of the WCJ's February 6, 2013 decision in the case of George Moreno v. Ralphs Grocery Company. The WCAB rescinded the decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ. This action is procedural and does not constitute a final ruling on the merits.

Workers' Compensation Appeals BoardRemovalGranting RemovalDecision after RemovalRescindedReturned to Trial LevelFurther ProceedingsAdministrative Law JudgeWCJPetition for Removal
References
Case No. ADJ7237157
Regular
Aug 15, 2013

JUAN ESTRADA vs. R&L BROSAMER, INC.; CHARTIS/AIG

The Workers' Compensation Appeals Board (WCAB) granted removal, rescinded an administrative law judge's (WCJ) order, and otherwise affirmed the WCJ's decision. The rescinded order compelled the applicant, Juan Estrada, to attend a medical examination on July 19, 2013. The WCAB adopted and incorporated the WCJ's report outlining the reasons for this action.

RemovalRescindedMedical ExaminationCompelling AttendanceWCJ OrderPetition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport of WCJDecision After Removal
References
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