Updated Daily

Case Law Database

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

Case No. ADJ6636803

Regular

Jun 04, 2009

KEVIN A. CAMWELL vs. COMPASS GROUP, CAMBRIDGE INTEGRATED SERVICES GROUP for AIG

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a prior order because the WCJ lacked jurisdiction. Neither party had filed an Application for Adjudication of Claim, which is required to establish the WCAB's jurisdiction and commence proceedings. While the defendant's petition for removal was untimely, the WCAB acted on its own motion due to the important jurisdictional issue raised. The WCAB held that without a filed application, it cannot conduct hearings or issue orders.

Petition for RemovalWorkers' Compensation Appeals BoardJurisdictionApplication for Adjudication of ClaimQualified Medical Evaluator (QME)Substantial EvidenceDiscoveryLabor Code Section 4663Untimely PetitionRescinded Order

References

Case No. ADJ7194315

Regular

Nov 15, 2013

ROSALINDA RODRIGUEZ vs. MERCURY INSURANCE SERVICES, LLC, TRAVELERS PROPERTY & CASUALTY COMPANY OF AMERICA

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order that removed the case from calendar due to lack of jurisdiction. The WCJ erred in finding he could not rule on the defendant's petition to strike the applicant's request for additional QME panels. The Board determined that Labor Code section 133 and WCAB Rule 10348 grant the WCJ jurisdiction to determine the reasonableness and necessity of such requests. The case is returned to the WCJ to decide whether additional QME panels are warranted.

Petition for RemovalQualified Medical EvaluatorPanel RequestJurisdictionAdministrative Director RuleGood CauseMedical DirectorOff CalendarOrder RescindedReturn to Trial Level

References

Case No. ADJ7231165

Regular

Jun 18, 2013

Cedrick Hordges, Charles Scott, Willie Wise, Hollis Copeland, Jr., Ralph Simpson, Jacky Dorsey, Walter Brown vs. Denver Nuggets, Pinnacol Assurance

The Workers' Compensation Appeals Board (WCAB) granted Pinnacol Assurance's petitions for removal, finding the threshold issue to be whether the WCAB has personal jurisdiction over Pinnacol. The WCAB rescinded the WCJ's order compelling arbitration of coverage issues. All seven cases are returned to the trial level for a determination of personal jurisdiction over Pinnacol. Further proceedings will depend on the outcome of that jurisdictional decision.

Pinnacol AssuranceDenver NuggetsCedrick HordgesADJ7231165Petition for RemovalArbitrationLabor Code section 5275Insurance CoveragePersonal JurisdictionSpecial Appearance

References

Case No. ADJ13302605; ADJ15813943

Regular

Mar 07, 2023

MATTHEW WARE vs. ARIZONA CARDINALS FOOTBALL CLUB, LLC, GREAT DIVIDE INSURANCE COMPANY C/O BERKLEY ENTERTAINMENT

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, reversing the WCJ's order to set the case for a Mandatory Settlement Conference on all issues. The Board found good cause to bifurcate and try the threshold issues of California subject matter and personal jurisdiction first. Bifurcating these jurisdictional issues is deemed more efficient, as a favorable ruling for the defendant would avoid further litigation. This decision prioritizes an expedited resolution of jurisdiction to facilitate the prompt delivery of potential benefits.

Petition for RemovalMandatory Settlement ConferenceBifurcationJurisdictionSubject Matter JurisdictionPersonal JurisdictionSpecial AppearanceDeclaration of ReadinessDiscoveryGood Cause

References

Case No. ADJ8008848; ADJ8012651

Regular

Feb 23, 2015

MARCELA QUIRINO vs. MARMALADE CAFÉ, Permissibly Self-Insured, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION Administered by AMERICAN CLAIMS MANAGEMENT

This case involves a Petition for Removal filed by Lien Claimants challenging a Workers' Compensation Judge's (WCJ) notices of intent to sanction Dr. Rubanenko and dismiss lien claims. The Lien Claimants argued the WCJ lacked jurisdiction due to pending prior removal petitions, but the Appeals Board found the WCJ retained jurisdiction. Because the WCJ proceeded and issued orders addressing these issues, the current Petition for Removal was dismissed as moot, with further appeals or reconsideration being the proper avenue for challenging any final orders. The Board also denied the request to remove the WCJ as the showing of prejudice or bias was insufficient.

Removal PetitionLien ClaimantNotice of Intention to Dismiss LiensNotice of Intention to Award CostsSanctionsWCJ JurisdictionPetition for RemovalMPNMedical Provider NetworkPrejudice

References

Case No. ADJ11364300

Regular

May 24, 2019

JOHN MANNING vs. ORANGE COUNTY FIRE AUTHORITY

This case involves a dispute over an applicant's entitlement to an Independent Medical Examiner (IME) under an Alternative Dispute Resolution (ADR) agreement governing workers' compensation claims. The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration, finding the original order was not a final decision. However, the WCAB granted the petition for removal, rescinded the administrative law judge's finding that no IME was warranted, and returned the case for further proceedings. The WCAB determined it was unclear whether it had jurisdiction to rule on the medical-legal discovery dispute, as parties cannot confer jurisdiction by stipulation, and ordered the trial judge to determine if the ADR program or the WCAB has jurisdiction.

ADR agreementCalifornia Labor Code §3201.7Independent Medical Examiner (IME)removalreconsiderationWorkers' Compensation Appeals Board (WCAB)specific injurycumulative traumafire captainskin cancer

References

Case No. ADJ7892653

Regular

Jul 22, 2016

PETER ALVAREZ vs. CALIFORNIA NATIONAL GUARD, STATE OF CALIFORNIA, OFFICE OF THE ATTORNEY GENERAL, UNINSURED EMPLOYERS BENEFITS TRUST FUND, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the defendant's Petition for Removal, rescinding the order that joined the Office of the Attorney General as a party. The Board found the Attorney General was not a necessary party as the applicant clearly identified the California National Guard as their employer. Furthermore, the Board raised a jurisdictional issue, as National Guard service under Title 32, which may apply here, generally precludes state workers' compensation benefits. The case is returned to the trial level for an evidentiary hearing to determine jurisdiction.

Petition for RemovalOrder Joining Party DefendantCalifornia National GuardState Active DutyTitle 32Title 10Inactive Duty TrainingMilitary and Veterans CodeNachbaurJurisdiction

References

Case No. ADJ7300791

Regular

Jun 06, 2011

James Larsh vs. CITY OF MONROVIA

The City of Monrovia petitioned for removal, arguing the Appeals Board lacked jurisdiction as it was never formally joined as a defendant. While the applicant alleged an injury against the County of Riverside, a claim form also indicated a cumulative trauma injury against Monrovia, which Monrovia had participated in proceedings for, including a Mandatory Settlement Conference. The Appeals Board granted the removal petition, finding insufficient procedural formality, and ordered the case redesignated as a Mandatory Settlement Conference for Monrovia to be formally joined and the application amended.

Petition for RemovalWorkers' Compensation Appeals BoardCity of MonroviaPermissibly Self-InsuredOpinion and Order Granting Petition for RemovalDecision After RemovalApplicantIndustrial InjuryRespiratory SystemCumulative Trauma

References

Case No. ADJ3543960 (LAO 0789656) ADJ1691548 (LAO 0789657)

Regular

Mar 17, 2017

Patricia Soto vs. Mayfair Plastics, California Insurance Guarantee Association, INTERCARE INSURANCE SERVICES, Pacific National Insurance Company, Highlands Insurance Company

This case involves CIGA's petition for removal after a workers' compensation judge stayed CIGA's contribution claim against Highlands Insurance Company, which is in Texas receivership. The Appeals Board granted removal, rescinded the stay, and returned the matter for further proceedings. The Board found the judge lacked jurisdiction to stay the petition based solely on Texas law without determining if Texas is a "reciprocal state" under the Uniform Insurers Liquidation Act. The Board's review indicated Texas law meets some, but not all, UILA criteria for reciprocal status, leaving the issue unresolved.

CIGAHighlands Insurance CompanyUniform Insurers Liquidation ActUILAreciprocal statereceivershipliquidationPetition for ContributionPetition for Removalstay of proceedings

References

Case No. ADJ7427357; ADJ7427846 ADJ7427807; ADJ7427721 ADJ7427560; ADJ7429915 ADJ7429913; ADJ7429912 ADJ7427816; ADJ7427731 ADJ7427716; ADJ7427554 ADJ7429914; ADJ7427420

Regular

Apr 12, 2012

DELVIN WILLIAMS vs. SAN FRANCISCO 49ERS and ARGONAUT INSURANCE COMPANY and FIREMAN'S FUND INSURANCE COMPANY, MIAMI DOLPHINS, Permissibly Self-Insured, Administered by MULTI-LINE CLAIMS SERVICE, GREEN BAY PACKERS and HIGHLANDS INSURANCE GROUP, in Receivership

This case concerns a professional football player seeking reimbursement for medical-legal costs incurred in his workers' compensation claims against multiple teams. The Appeals Board granted the applicant's petition for removal, rescinding a prior order that denied these costs. The Board held that a statute of limitations defense does not bar reimbursement of reasonable medical-legal expenses if the applicant is determined to be an employee. However, subject matter jurisdiction issues with certain defendants require further adjudication, and the San Francisco 49ers, who do not dispute jurisdiction, are ordered to reimburse these costs pending further proceedings.

Petition for RemovalMedical-Legal CostsStatute of LimitationsSubject Matter JurisdictionAffirmative DefenseCumulative Trauma InjurySpecific InjuriesDeclaration of Readiness to ProceedMandatory Settlement ConferencePretrial Conference Statement

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. ADJ6636803

Regular

Jun 04, 2009

KEVIN A. CAMWELL vs. COMPASS GROUP, CAMBRIDGE INTEGRATED SERVICES GROUP for AIG

References

Case No. ADJ7194315

Regular

Nov 15, 2013

ROSALINDA RODRIGUEZ vs. MERCURY INSURANCE SERVICES, LLC, TRAVELERS PROPERTY & CASUALTY COMPANY OF AMERICA

Petition for RemovalQualified Medical EvaluatorPanel RequestJurisdictionAdministrative Director RuleGood CauseMedical DirectorOff CalendarOrder RescindedReturn to Trial Level

References

Case No. ADJ7231165

Regular

Jun 18, 2013

Cedrick Hordges, Charles Scott, Willie Wise, Hollis Copeland, Jr., Ralph Simpson, Jacky Dorsey, Walter Brown vs. Denver Nuggets, Pinnacol Assurance

Pinnacol AssuranceDenver NuggetsCedrick HordgesADJ7231165Petition for RemovalArbitrationLabor Code section 5275Insurance CoveragePersonal JurisdictionSpecial Appearance

References

Case No. ADJ13302605; ADJ15813943

Regular

Mar 07, 2023

MATTHEW WARE vs. ARIZONA CARDINALS FOOTBALL CLUB, LLC, GREAT DIVIDE INSURANCE COMPANY C/O BERKLEY ENTERTAINMENT

Petition for RemovalMandatory Settlement ConferenceBifurcationJurisdictionSubject Matter JurisdictionPersonal JurisdictionSpecial AppearanceDeclaration of ReadinessDiscoveryGood Cause

References

Case No. ADJ8008848; ADJ8012651

Regular

Feb 23, 2015

MARCELA QUIRINO vs. MARMALADE CAFÉ, Permissibly Self-Insured, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION Administered by AMERICAN CLAIMS MANAGEMENT

Removal PetitionLien ClaimantNotice of Intention to Dismiss LiensNotice of Intention to Award CostsSanctionsWCJ JurisdictionPetition for RemovalMPNMedical Provider NetworkPrejudice

References

Case No. ADJ11364300

Regular

May 24, 2019

JOHN MANNING vs. ORANGE COUNTY FIRE AUTHORITY

ADR agreementCalifornia Labor Code §3201.7Independent Medical Examiner (IME)removalreconsiderationWorkers' Compensation Appeals Board (WCAB)specific injurycumulative traumafire captainskin cancer

References

Case No. ADJ7892653

Regular

Jul 22, 2016

PETER ALVAREZ vs. CALIFORNIA NATIONAL GUARD, STATE OF CALIFORNIA, OFFICE OF THE ATTORNEY GENERAL, UNINSURED EMPLOYERS BENEFITS TRUST FUND, STATE COMPENSATION INSURANCE FUND

Petition for RemovalOrder Joining Party DefendantCalifornia National GuardState Active DutyTitle 32Title 10Inactive Duty TrainingMilitary and Veterans CodeNachbaurJurisdiction

References

Case No. ADJ7300791

Regular

Jun 06, 2011

James Larsh vs. CITY OF MONROVIA

References

Case No. ADJ3543960 (LAO 0789656) ADJ1691548 (LAO 0789657)

Regular

Mar 17, 2017

Patricia Soto vs. Mayfair Plastics, California Insurance Guarantee Association, INTERCARE INSURANCE SERVICES, Pacific National Insurance Company, Highlands Insurance Company

CIGAHighlands Insurance CompanyUniform Insurers Liquidation ActUILAreciprocal statereceivershipliquidationPetition for ContributionPetition for Removalstay of proceedings

References

Case No. ADJ7427357; ADJ7427846 ADJ7427807; ADJ7427721 ADJ7427560; ADJ7429915 ADJ7429913; ADJ7429912 ADJ7427816; ADJ7427731 ADJ7427716; ADJ7427554 ADJ7429914; ADJ7427420

Regular

Apr 12, 2012

DELVIN WILLIAMS vs. SAN FRANCISCO 49ERS and ARGONAUT INSURANCE COMPANY and FIREMAN'S FUND INSURANCE COMPANY, MIAMI DOLPHINS, Permissibly Self-Insured, Administered by MULTI-LINE CLAIMS SERVICE, GREEN BAY PACKERS and HIGHLANDS INSURANCE GROUP, in Receivership

References

Showing 1-10 of 8,945 results

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