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

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 The case was rescinded from the WCJ's order and returned to the trial level for a Mandatory Settlement Conference and further proceedings to establish a complete record.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. ADJ7549203
Regular
Feb 22, 2018

RONALD WILSON vs. AEROTEK COMMERCIAL STAFFING; As Administered By ESIS CHATSWORTH

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal. The WCAB rescinded the previous order that denied the defendant's motion to set a trial date. The case is now returned to the workers' compensation administrative law judge for further proceedings. This means the previous denial of the trial setting motion is nullified.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJrescind ordermotion to set trial datereturn to trial leveladministrative law judgedefendant's motiondenial of motion
References
Case No. ADJ1967938
Regular
Oct 18, 2012

MARITZA RENGIFO vs. MARRIOTT INTERNATIONAL

Defendant Marriott International filed an untimely petition for removal seeking a determination of liability for applicant's self-procured medical treatment outside their alleged Medical Provider Network (MPN). The Appeals Board, while dismissing the petition due to untimeliness, granted removal on its own motion. The Board found the WCJ erred in deeming the MPN and self-procured treatment issues premature lien issues. The Board rescinded the WCJ's order taking the case off calendar and directed the matter be set for trial promptly to adjudicate the MPN and treatment liability.

Removal PetitionMPNSelf-Procured TreatmentLabor Code 4903.6(b)Labor Code 4616WCAB Rule 10843(a)Untimely FilingGrant RemovalOwn MotionDecision After Removal
References
Case No. ADJ8942890 ADJ8942898
Regular
Jan 03, 2013

JOSE TORRICO vs. THE ANDREW LAUREN CO.; AIG CLAIMS

The Board dismissed the defendant's Petition for Reconsideration because it was not filed from a final order. The Board denied the defendant's Petition for Removal as it did not demonstrate substantial prejudice or irreparable harm. However, the Board granted removal on its own motion due to an invalid Order Approving Compromise and Release (OACR) issued by the WCJ while a petition was pending. The Board vacated the OACR and returned the matter to the WCJ for further proceedings to resolve all outstanding issues in both case numbers.

Petition for ReconsiderationPetition for RemovalInterlocutory OrderFinal OrderSubstantive RightIrreparable HarmCompromise and ReleaseOACRWCJ JurisdictionVoid OACR
References
Case No. ADJ2329061
Regular
Jun 24, 2014

Irene Cota vs. C.R. Courier Services, Gallagher Bassett Services, Inc.

Gallagher Bassett's untimely and unverified petition for removal was dismissed. The Appeals Board granted removal on its own motion to address a lack of clarity regarding Gallagher's party status and the case's disposition. Due to missing or incomplete electronic and paper files, the Board could not determine Gallagher's involvement or the case's procedural history. The Order continuing the case for sanctions was rescinded, and the matter was returned to the trial level to identify the correct employer/administrator before proceeding.

Petition for RemovalDismissalRemoval on Board MotionDecision After RemovalUntimely PetitionUnverified PetitionOrder dated April 252014Mandatory Settlement ConferenceWCJ
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
Case No. ADJ7508584
Regular
Apr 14, 2025

CALVIN WRIGHT vs. HEALTH NET, INC.; ARCH INSURANCE CO.

The Workers' Compensation Appeals Board considered a Petition for Removal filed by the defendants (Health Net, Inc., Arch Insurance Co., and Sedgwick Management Services, Inc.) against applicant Calvin Wright. The petition challenged an order issued by WCJ Elena Jackson on March 7, 2024, which had set specific issues for trial. Citing the report of WCJ Cirina A. Rose, who identified an oversight by WCJ Jackson and factual discrepancies, the Appeals Board found that removal was warranted. Consequently, the Board granted the Petition for Removal, rescinded the WCJ's March 7, 2024 decision, and returned the matter to the trial level for further proceedings.

Petition for RemovalDecision After RemovalRescindedReturned to Trial LevelWCJ Report and RecommendationJoint Compromise & ReleaseFuture Medical OpenMPN IssueHome CarePetition for Removal Timeliness
References
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. ADJ1943415 (LBO 0381428)
Regular
Aug 14, 2012

ADALBERTO JUAREZ vs. P.S. STIX INCORPORATED, NATIONAL LIABILITY AND FIRE INSURANCE, BERKSHIRE HATHAWAY INSURANCE COMPANIES

This case involves a lien claimant's petition for removal regarding an order to disclose a global settlement with a co-defendant. The Appeals Board found the procedural record deficient, preventing timely review of the removal petition. Ultimately, the Board granted removal on its own motion to address the "procedural morass." The Board rescinded the WCJ's order reinstating a prior minute order and dismissed the lien claimant's petition as moot, allowing for an in-camera review of the settlement agreement.

Petition for RemovalWorkers' Compensation Appeals BoardLien ClaimantGlobal SettlementConfidentiality clauseNon-Disclosure clauseCompromise and ReleaseMandatory Settlement ConferenceWCJOrder Setting Aside
References
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