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

Case No. ADJ2732539 (LAO 0871611)
Regular
Nov 18, 2009

CESAR MERIDA vs. M.C. GILL CORPORATION, THE TRAVELERS

The Appeals Board granted reconsideration, rescinded the prior order dismissing the petition for removal, and granted defendant's petition for removal. The case was transferred back to the Los Angeles WCAB District Office.

WCABPetition for RemovalChange of VenueLabor Code section 5501.6Good CauseConvenience of WitnessesOfficial Address RecordPresiding WCJReconsiderationRescinded
References
0
Case No. ADJ7802984
Regular
May 21, 2012

DEBRA HARDEN vs. GOLDEN ONE CREDIT UNION, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's untimely petition for removal but granted removal on its own motion due to significant prejudice. The WCAB rescinded a prior finding that granted the defendant's request for a replacement QME due to a claimed conflict of interest. The matter was returned to the trial level for further proceedings to ensure the applicant received due process and a hearing on the conflict of interest allegations. This action was taken to achieve substantial justice given procedural irregularities and potential irreparable harm to the applicant.

Workers' Compensation Appeals BoardPetition for RemovalQualified Medical EvaluatorQME panelconflict of interestdue processadministrative law judgeWCJPetition to Removeuntimely
References
4
Case No. ADJ10539204, ADJ10539208
Regular
Jul 17, 2017

JUAN LEMUS vs. AUNTIE EM'S KITCHEN, REPUBLIC UNDERWRITERS

The Workers' Compensation Appeals Board granted the applicant's petition for removal, vacating an order compelling attendance at a PQME evaluation. The applicant argued this attendance would cause irreparable harm due to the evaluation being improperly scheduled while a replacement QME panel was pending. The Board adopted the WCJ's recommendation to grant removal and return the case for further proceedings. The matter was returned to the WCJ for a decision after removal.

Petition for RemovalOrder Compelling AttendancePQME EvaluationQualified Medical EvaluatorWCJWorkers' Compensation Appeals BoardVacatedRescindedPrejudiceIrreparable Harm
References
4
Case No. ADJ394468 (OAK 0325496)
Regular
Apr 26, 2018

Maria Padilla vs. IN-HOME SUPPORT SERVICES, YORK, RISK SERVICES GROUP

Applicant Maria Padilla petitioned for removal after a WCJ's discovery order allegedly closed discovery, denying her due process. The WCJ recommended granting removal, clarifying that discovery was intended to be stayed, not closed. The Appeals Board granted removal, rescinded the order closing discovery, and returned the case to the WCJ for further proceedings. This decision ensures further discovery can be properly considered based on the WCJ's clarified intent.

Petition for RemovalDiscovery OrderWCJDue ProcessStay DiscoveryReport and RecommendationRescind OrderDecision After RemovalWorkers' Compensation Appeals Board
References
0
Case No. ADJ8324488
Regular
Mar 30, 2014

MELISSA COOK vs. STUART A. BUSSEY, M.D., STATE COMPENSATION INSURANCE FUND

This case concerns a defendant's Petition for Removal to the Appeals Board. The defendant argued it was denied due process when the WCJ granted the applicant's request for a new QME panel without providing an opportunity to be heard. The Appeals Board agreed, finding the WCJ's prior order granting a replacement QME without notice or hearing violated due process. Consequently, the Board granted removal, rescinded the WCJ's order, and returned the matter for further proceedings.

Petition for RemovalQualified Medical EvaluatorDue ProcessFinding and OrderMedical DirectorNew Panel QMESupplemental ReportDepositionWorkers' Compensation Appeals BoardIndustrial Injury
References
0
Case No. ADJ8264840
Regular
May 30, 2018

GABRIELA ARROYO vs. STANFORD UNIVERSITY, ZURICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board granted applicant's Petition for Removal, rescinding the prior decision that denied a psychiatric Qualified Medical Evaluator (QME). The WCAB found that the administrative law judge improperly decided the issue of good cause to reopen, rather than the sole issue presented for trial: entitlement to a PQME in psychiatry. Granting removal was necessary due to potential prejudice and due process concerns. The Board substituted its own order, granting the applicant's request for a PQME in psychiatry.

PQMEPetition for RemovalWCABCompensable Consequence InjuryNew and Further InjuryDue ProcessGood Cause to ReopenStipulations with Request for AwardPermanent DisabilityFuture Medical Treatment
References
5
Case No. ADJ9194220 (MF) ADJ9194223
Regular
Feb 11, 2016

ALBERT BERNAL vs. ALLFAST FASTENING SYSTEMS, INC.

This case concerns an applicant's petition for removal from an order setting two workers' compensation cases for trial. The applicant argued the trial was improperly set due to timely objections, ongoing treatment, and defective readiness declarations, asserting prejudice. The WCJ's report recommended granting removal, acknowledging a need to review medical reports before setting trial. The Appeals Board granted removal, cancelled the trial, and ordered a new mandatory settlement conference to allow the judge to consider all evidence and arguments before deciding on a trial date.

Petition for RemovalMandatory Settlement ConferenceDeclaration of Readiness to ProceedPermanent and StationaryPsychiatric InjuryOrthopedic InjuriesPrimary Treating PhysicianWorkers' Compensation Appeals BoardAdministrative Law JudgeTrial Exhibits
References
0
Case No. ADJ3035107 (SAC 0251655), ADJ9373621
Regular
Dec 15, 2017

Susan Petrillo vs. Sierra Nevada Memorial Hospital, California Insurance Guarantee Association, Fremont Compensation Insurance Company, Sedgwick Claims Management Services, Sierra Memorial Miners Hospital, American Zurich Insurance Company, Tristar Risk Management, Siera Nevada Memorial Hospital

The Appeals Board granted removal to amend a WCJ's decision, specifically deleting a finding that excluded PQME Dr. Amster's evidence. CIGA sought removal arguing the exclusion of Dr. Amster's reports, which supported its claim of a later cumulative trauma injury, caused prejudice. The Board found Dr. Amster was improperly selected as PQME due to CIGA's procedural errors but affirmed the need for further development of the medical record through Dr. Abelow's supplemental report. While granting removal to correct the exclusion of Amster, the Board affirmed the rest of the WCJ's F&O.

Workers' Compensation Appeals BoardPetition for RemovalFindings of Fact and OrderPanel Qualified Medical Evaluator (PQME)California Insurance Guarantee Association (CIGA)Fremont Compensation Insurance CompanyliquidationSedgwick Claims Management ServicesAmerican Zurich Insurance CompanySupplemental Report
References
4
Case No. ADJ4522242 (VNO 0452421) ADJ522765 (VNO 0452422)
Regular
May 26, 2011

PAUL ALLGOOD vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted lien claimant's petition for removal to rescind an Administrative Law Judge's order compelling Dr. Baden's appearance at trial. The Board found no good cause was established for Dr. Baden's direct examination and that the order was not a final, appealable decision. Removal was granted to prevent prejudice to the lien claimant, and the order for Dr. Baden's appearance was rescinded. The Board also dismissed the lien claimant's prior petition for reconsideration.

Lien ClaimantPetition for ReconsiderationPetition for RemovalWCJ OrderDr. Scott BadenGood CauseMedical WitnessDirect ExaminationWritten ReportsBoard Rule 10606
References
11
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
0
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