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

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
2
Case No. ADJ9653107
Regular
Jun 04, 2015

FERNANDO ALVARADO vs. FRIENDLY FRANCHISEES CORPORATION dba DFG RESTAURANTS, UNITED STATES F FIRE INSURANCE COMPANY, CRUM & FORSTER

This case involves a Petition for Removal filed by the defendant, Friendly Franchisees Corporation. The defendant sought to remove an order that continued a workers' compensation hearing to allow the applicant to submit exhibits. The Appeals Board denied the petition, citing that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The Board found that the judge's decision to allow the applicant to enter medical evidence, under CCP § 473, outweighed any alleged harm to the defendant and that reconsideration would be an adequate remedy. Therefore, the Petition for Removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationADJ9653107AOE/COE trialCal. Code of Civil Procedure § 473inadvertent omission
References
5
Case No. ADJ9854670
Regular
Dec 07, 2016

MAGDALENA RAMIREZ vs. VINYL TECHNOLOGY, INC.; SEDGWICK

The Workers' Compensation Appeals Board denied Defendant Vinyl Technology's Petition for Removal seeking to set aside a trial date. Defendant argued insufficient discovery had been completed, but the Board found no substantial prejudice or irreparable harm to warrant removal. Although the Board found the petition timely, it adopted the WCJ's reasoning for denying removal. The Board emphasized that removal is an extraordinary remedy and reconsideration will be an adequate remedy if a final adverse decision issues.

Petition for RemovalMinute OrderTrial Date SettingDiscovery CompletionSubstantial PrejudiceIrreparable HarmReconsideration AdequacyUntimely PetitionPersonal ServiceService by Mail
References
2
Case No. ADJ369983 (SAC 0344063)
Regular
May 16, 2011

KENNETH HASKILL vs. DEPARTMENT OF CORRECTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal as moot because the case was rescheduled for a mandatory settlement conference after the judge rescinded a trial setting. The Board also denied the lien claimant's Petition for Removal, finding the defendant had not waived its objection under Labor Code section 4903.5(c) and that the lien claimant failed to show irreparable harm. The Board reiterated that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm.

Petition for RemovalWCABLabor Code Section 4903.5(c)Declaration of Readiness to Proceedlien conferencecase in chiefmandatory settlement conferencewaiver of objectionirreparable harmextraordinary remedy
References
2
Case No. ADJ8661311, ADJ9607150
Regular
May 17, 2016

MARILYN RICHARD vs. COUNTY OF SAN BERNARDINO

This case involves Applicant Marilyn Richard's petition for removal to the Appeals Board. The Board denied the petition, adopting the WCJ's reasoning that removal is an extraordinary remedy. Applicant failed to demonstrate substantial prejudice or irreparable harm if removal is not granted. Furthermore, reconsideration was deemed an adequate remedy should an adverse decision arise later.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportExtraordinary RemedyFinal DecisionApplicantDefendant
References
1
Case No. ADJ1363789
Regular
Apr 02, 2016

SLOAN LAMIN vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board denied a petition for removal from a lien claimant. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board adopted the WCJ's reasoning that reconsideration would be an adequate remedy and admonished the lien claimant for filing a frivolous petition. The Board found no basis for removal and denied the petition.

Petition for RemovalAppeals BoardWCJ reportSubstantial prejudiceIrreparable harmReconsiderationFrivolous petitionLien claimantDuplicative petitionRescinding order
References
3
Case No. ADJ7274574
Regular
Mar 25, 2015

REBECCA WADE vs. LUCIA MAR UNIFIED SCHOOL DISTRICT, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, which the petitioner failed to demonstrate. The Board adopted the WCJ's reasoning that the applicant's scheduled re-evaluation in Bakersfield was not an unreasonable geographic distance and that reconsideration would be an adequate remedy. Therefore, the petition for removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationadequate remedyPQME relocationreevaluationunreasonable geographic area
References
5
Case No. ADJ11897867; ADJ18407734
Regular
Apr 09, 2025

URSULA TSE vs. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, UC BERKELEY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC

The Workers' Compensation Appeals Board considered a Petition for Removal. The Board reviewed the allegations in the petition and the WCJ's report. They decided to deny the removal, stating that it is an extraordinary remedy rarely granted. The petitioner failed to demonstrate substantial prejudice, irreparable harm, or that reconsideration would not be an adequate remedy, as required for removal.

Petition for RemovalWorkers' Compensation Appeals BoardExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdministrative Law JudgeUC BerkeleySedgwick Claims Management ServicesAdjudication Numbers
References
3
Case No. ADJ9794866, ADJ9794864
Regular
Jun 02, 2015

MARINA MORFIN vs. SF GREEN CLEAN, LLC, ILLINOIS MIDWEST INSURANCE AGENCY, LLC, PRO CENTURY INSURANCE

This Workers' Compensation Appeals Board (WCAB) order denies Marina Morfin's petition for removal. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the Board found was not met. The WCAB adopted the Workers' Compensation Judge's report, concluding that reconsideration would be an adequate remedy if a decision adverse to the applicant is issued. Therefore, the petition for removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportExtraordinary RemedyADJ9794866ADJ9794864SF Green Clean
References
2
Case No. ADJ3548896 (SAC 0367105)
Regular

ROBERT HOZE vs. AIRGAS, INC.; AIRGRM, administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied Robert Hoze's petition for removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration will not be an adequate remedy. The Board found that Hoze failed to demonstrate these conditions were met in this case. Therefore, the petition for removal was denied, and the matter will proceed under the standard appeals process.

Petition for RemovalWorkers' Compensation Appeals BoardExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyWCJ ReportDenial of RemovalAirgas Inc.
References
2
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