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Case Law Database

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

Case No. ADJ9 994758

Regular

Mar 07, 2016

CHRISTOPHER LOMANTO vs. COUNTY OF SONOMA\/SHERIFF'S DEPARTMENT

In this Workers' Compensation Appeals Board case, the defendant sought removal of an order that had taken the case off the calendar despite defendant's objection. The defendant argued the applicant's claim was barred by the statute of limitations, which should be decided before further discovery. The Board granted the defendant's petition for removal, finding merit in their argument. Consequently, the prior order was rescinded, and the case was returned to the trial level for adjudication of the statute of limitations issue.

Workers' Compensation Appeals BoardRemovalStatute of LimitationsDenial of ClaimAdjudicateDiscoveryPetition for RemovalOrder Taking Case off CalendarRescindedTrial Level

References

Case No. ADJ5774907

Regular

Jan 15, 2014

ROBERT PORTER vs. LOWE'S HOME IMPROVEMENT WAREHOUSE, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

The Appeals Board granted the defendant's Petition for Removal, overturning a prior order that dismissed the case from the trial calendar. The defendant seeks to litigate the statute of limitations as a threshold issue, arguing it was improperly denied. The Board found that statute of limitations is a threshold issue that can be bifurcated and that the prior denial of a dismissal petition was procedural, not on the merits. The case is returned to the trial level for proceedings on the statute of limitations.

Petition for RemovalStatute of LimitationsJurisdictionRes JudicataThreshold IssueLabor Code Section 5405Affirmative DefenseBifurcationDeclaration of ReadinessOff Calendar

References

Case No. LAO 0804077

Regular

Jul 17, 2007

OSVALDO CORTEZ vs. CROTHALL HEALTHCARE, INC., CIGA By CAMBRIDGE SERVICES for RELIANCE INSURANCE COMPANY, In Liquidation

A lien claimant sought removal of an ambiguous WCJ order that raised potential laches and statute of limitation issues regarding their claims. The Appeals Board granted removal to clarify that all issues concerning the lien claimant are deferred, not decided. The matter was returned to the trial level for further proceedings.

RemovalLien ClaimantsDeferred IssuesJurisdictionLachesStatutes of LimitationStipulated AwardTemporary DisabilityPermanent DisabilityOff Calendar

References

Case No. ADJ11170818

Regular

Oct 09, 2018

ALICE TORRES vs. SEARS HOLDING CORPORATION/K-MART, CHUBB/ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendants' Petition for Removal and denied their Petition for Reconsideration. The Board found that removal was inappropriate as the WCJ's decision on the statute of limitations addressed a threshold issue, making reconsideration the proper remedy. The defendants' arguments regarding the statute of limitations were rejected, as the employer voluntarily provided medical treatment, extending the limitations period. Furthermore, the court found the statute of limitations was tolled due to the defendant's failure to provide proper notice of the applicant's rights.

WCABPetition for RemovalPetition for ReconsiderationStatute of LimitationsLabor Code Section 5405Labor Code Section 5410Voluntary medical treatmentTollingNotice requirementsEquitable Estoppel

References

Case No. ADJ16034585

Regular

Jan 19, 2023

ANNALISA PALMORE vs. STATE OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The WCAB granted applicant's Petition for Removal to address a hybrid decision, applying the removal standard despite the presence of a threshold issue. While the WCAB affirmed the order to replace the Qualified Medical Evaluator (QME), it found the WCJ erred in deeming Dr. Scheinbaum's November 16, 2021 report inadmissible. The Board determined the report was admissible, as Dr. Scheinbaum personally conducted the evaluation and there was no violation of anti-ghostwriting statutes.

Petition for RemovalPanel Qualified Medical EvaluatorAdmissibility of ReportAnti-ghostwriting statuteLabor Code section 4628(e)Threshold IssueInterlocutory FindingPrejudiceIrreparable HarmReconsideration

References

Case No. ADJ7300708

Regular

Mar 30, 2015

ALEJANDRO VALENCIA MAGANA (Deceased) BEATRIZ VALENCIA (Widow) vs. HALOPOFF \u0026 SONS, INC., SEABRIGHT INSURANCE COMPANY, INC.

The applicant sought to join John Halopoff, Sr. as a defendant in a serious and willful misconduct claim filed after the statute of limitations had expired. The Appeals Board granted Halopoff's petition for removal, rescinding the order to join him as a party. This decision was based on the principle that a new defendant cannot be added after the statute of limitations has run, absent specific exceptions like ignorance of identity or misleading conduct. Because the applicant was aware of Halopoff's identity and there was no evidence of misrepresentation, the joinder was deemed untimely.

Serious and Willful MisconductPetition for RemovalOrder of JoinderStatute of LimitationsSuccessor LiabilityDeath CaseIndustrial InjuryEmployer MisconductLabor Code Section 5407Doe Defendant

References

Case No. ADJ8509304

Regular

Jul 25, 2012

MARIBEL RODRIGUEZ ORTEGA vs. HINAS MERCY SOUTHWEST PHARMACY, STATE FARM & CASUALTY COMPANY

This case involves a statute of limitations defense raised by defendant State Farm. The applicant filed their claim over one year after receiving notice of file closure and more than five years after the date of injury. The Appeals Board granted State Farm's Petition for Removal, rescinding the prior order that took the matter off calendar. The Board found good cause to bifurcate the statute of limitations issue, allowing for a separate trial to determine its applicability. This decision aims to promote judicial economy and avoid unnecessary litigation expenses for all parties involved.

Petition for RemovalStatute of LimitationsBifurcationJudicial EconomyThreshold IssueOrder RescindedDecision After RemovalWorkers' Compensation Appeals BoardIndustrial InjuryPharmacy Technician

References

Case No. ADJ7264010, ADJ7498085

Regular

Mar 16, 2017

SANDRA CATLIN vs. J.C. PENNEY, INC., AMERICAN HOME ASSURANCE CO.

This case involves a defendant's petition for removal of a WCJ's order requiring the applicant to undergo a treatment consultation with an Agreed Medical Evaluator (AME) under Labor Code § 4050 and directing the defendant to provide a nurse case manager. The defendant argued that § 4050 grants them the right to select a physician for examination and that the AME consultation order was improper, as was the indefinite appointment of a nurse case manager. The Appeals Board granted the petition for removal, affirming the WCJ's orders except for the AME re-evaluation, which was deferred due to a lack of statutory basis and evidence presented. The Board found that § 4050 has been largely subsumed by more specific statutes governing medical evaluations and treatment disputes.

Petition for RemovalAgreed Medical Evaluator (AME)Labor Code § 4050Nurse Case ManagerMedical TreatmentUtilization Review (UR)Compromise and Release (C&R)Declarations of Readiness to Proceed to Expedited Hearing (DOR)Medical ExaminationQualified Medical Examination

References

Case No. ADJ7144980; ADJ8739287 ADJ9323498; ADJ9670512

Regular

Oct 27, 2015

Dean Giannetto vs. CITY OF STOCKTON, CORVEL CORPORATION

In this case, the Appeals Board granted the applicant's Petition for Removal, overturning a WCJ's order requiring reevaluation by the same Qualified Medical Evaluator (QME) for subsequent injury claims. The Board held that an employee is entitled to a new QME for new and separate injury claims, citing their precedent in *Navarro*. Requiring reevaluation by the original QME for subsequent claims, even with the same defendant and body parts, was deemed contrary to statute. The Board found that requiring the applicant to return to Dr. Fujimoto for subsequent injuries would cause prejudice and irreparable harm, thus justifying removal.

Workers Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationPanel Qualified Medical EvaluatorPQMEDr. FujimotoSubsequent InjuriesIndustrial InjuryLabor Code SectionsNavarro v. City of Montebello

References

Case No. ADJ8703917

Regular

Jun 08, 2015

PEDRO GUARDADO vs. PEACOCK CHEESE DISTRIBUTING COMPANY, TRISTAR RISK MANAGEMENT

This case concerns defendant Peacock Cheese Distributing Company's petition for removal, seeking a bifurcated trial on the statute of limitations before applicant's injury is established. The Workers' Compensation Appeals Board denied the petition, finding the request premature as the defendant still disputes the applicant's injury. The Board agreed with the Administrative Law Judge that bifurcating the statute of limitations defense prior to injury acceptance is akin to a prohibited request for judgment on the pleadings. Consequently, the defendant's petition for removal was denied.

Workers' Compensation Appeals BoardPetition for RemovalStatute of LimitationsBifurcated TrialDue ProcessIrreparable HarmPanel Qualified Medical ExaminerAffirmative DefenseLabor Code Section 5409WCAB Rules

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. ADJ9 994758

Regular

Mar 07, 2016

CHRISTOPHER LOMANTO vs. COUNTY OF SONOMA\/SHERIFF'S DEPARTMENT

Workers' Compensation Appeals BoardRemovalStatute of LimitationsDenial of ClaimAdjudicateDiscoveryPetition for RemovalOrder Taking Case off CalendarRescindedTrial Level

References

Case No. ADJ5774907

Regular

Jan 15, 2014

ROBERT PORTER vs. LOWE'S HOME IMPROVEMENT WAREHOUSE, INC.; SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Petition for RemovalStatute of LimitationsJurisdictionRes JudicataThreshold IssueLabor Code Section 5405Affirmative DefenseBifurcationDeclaration of ReadinessOff Calendar

References

Case No. LAO 0804077

Regular

Jul 17, 2007

OSVALDO CORTEZ vs. CROTHALL HEALTHCARE, INC., CIGA By CAMBRIDGE SERVICES for RELIANCE INSURANCE COMPANY, In Liquidation

RemovalLien ClaimantsDeferred IssuesJurisdictionLachesStatutes of LimitationStipulated AwardTemporary DisabilityPermanent DisabilityOff Calendar

References

Case No. ADJ11170818

Regular

Oct 09, 2018

ALICE TORRES vs. SEARS HOLDING CORPORATION/K-MART, CHUBB/ACE AMERICAN INSURANCE COMPANY

WCABPetition for RemovalPetition for ReconsiderationStatute of LimitationsLabor Code Section 5405Labor Code Section 5410Voluntary medical treatmentTollingNotice requirementsEquitable Estoppel

References

Case No. ADJ16034585

Regular

Jan 19, 2023

ANNALISA PALMORE vs. STATE OF CALIFORNIA, STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ7300708

Regular

Mar 30, 2015

ALEJANDRO VALENCIA MAGANA (Deceased) BEATRIZ VALENCIA (Widow) vs. HALOPOFF \u0026 SONS, INC., SEABRIGHT INSURANCE COMPANY, INC.

Serious and Willful MisconductPetition for RemovalOrder of JoinderStatute of LimitationsSuccessor LiabilityDeath CaseIndustrial InjuryEmployer MisconductLabor Code Section 5407Doe Defendant

References

Case No. ADJ8509304

Regular

Jul 25, 2012

MARIBEL RODRIGUEZ ORTEGA vs. HINAS MERCY SOUTHWEST PHARMACY, STATE FARM & CASUALTY COMPANY

Petition for RemovalStatute of LimitationsBifurcationJudicial EconomyThreshold IssueOrder RescindedDecision After RemovalWorkers' Compensation Appeals BoardIndustrial InjuryPharmacy Technician

References

Case No. ADJ7264010, ADJ7498085

Regular

Mar 16, 2017

SANDRA CATLIN vs. J.C. PENNEY, INC., AMERICAN HOME ASSURANCE CO.

References

Case No. ADJ7144980; ADJ8739287 ADJ9323498; ADJ9670512

Regular

Oct 27, 2015

Dean Giannetto vs. CITY OF STOCKTON, CORVEL CORPORATION

References

Case No. ADJ8703917

Regular

Jun 08, 2015

PEDRO GUARDADO vs. PEACOCK CHEESE DISTRIBUTING COMPANY, TRISTAR RISK MANAGEMENT

References

Showing 1-10 of 8,089 results

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