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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 The case was rescinded from the WCJ's order and returned to the trial level for a Mandatory Settlement Conference and further proceedings to establish a complete record.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. 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 The WCAB rescinded the decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ.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The Workers' Compensation Appeals Board (WCAB) granted removal, rescinded an administrative law judge's (WCJ) order, and otherwise affirmed the WCJ's decision. The rescinded order compelled the applicant, Juan Estrada, to attend a medical examination on July 19, 2013.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. LAO 0824629
Regular
Aug 16, 2007

R. MARTINEZ vs. HILTON HOTEL, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding an earlier order that had taken the case off calendar over the applicant's objection. The Board agreed that the case should have proceeded to trial, as the defendant improperly filed a Declaration of Readiness to Proceed while proceedings were suspended. The matters are now returned to the trial level for rescheduling, with the issue of defense witnesses deferred to the trial judge.

RemovalPetition for RemovalDeclaration of Readiness to ProceedDiscoveryWitnessesOrder Suspending ProceedingsRescindedTrial LevelWCJWorkers' Compensation Appeals Board
References
Case No. ADJ6861253
Regular
Jun 02, 2025

JASON HARP vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Appeals Board considered a petition for reconsideration and removal, finding it was timely acted upon in accordance with Labor Code section 5909. The Board determined that the WCJ's underlying decision was a final order due to the resolution of threshold issues, making it subject to reconsideration. However, as the petitioner only disputed interlocutory findings, the petition was reviewed under the removal standard. The Board ultimately denied the petition because the petitioner failed to demonstrate significant prejudice or irreparable harm.

Subsequent Injuries Benefits Trust FundPetition for ReconsiderationPetition for RemovalLabor Code Section 5909Electronic Adjudication Management System (EAMS)Transmission of CaseThreshold IssuesInterlocutory IssuesRemoval StandardSignificant Prejudice
References
Case No. ADJ12548721 (MF); ADJ19393188
Regular
May 23, 2025

JOSE FLORES vs. ALGOS, INCORPORATED, NOVA CASUALTY COMPANY, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board considered a petition for removal, treating it as a petition for reconsideration. The Board reviewed the WCJ's report and analysis, noting the WCJ's decision was a final order because it resolved a threshold issue regarding employment and jurisdiction. Although the decision was final, the Board applied the removal standard since the petitioner only challenged an interlocutory finding. Ultimately, the Board denied the petition, concluding that no substantial prejudice or irreparable harm would result from denial, and that reconsideration would be an adequate remedy if an adverse final decision were to issue.

Petition for ReconsiderationLabor Code Section 5909Transmission of CaseElectronic Adjudication Management System (EAMS)Petition for RemovalThreshold IssueFinal DecisionInterlocutory IssueRemoval StandardQualified Medical Evaluator (QME)
References
Case No. ADJ80340084
Regular
Apr 23, 2013

KEITH CRABTREE vs. CITY OF TURLOCK, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board decision addresses a defendant's petition for removal. The Board denied removal regarding the WCJ's continuance of trial to April 29, 2013. However, the Board granted removal and rescinded the WCJ's order compelling the defendant to produce claims adjustor Rebecca Huiras and the claims file without a subpoena. The matter is returned to the trial level for further proceedings.

RemovalWCJContinuance of trialClaims adjustorWitness productionClaims fileSubpoenaRescindedReturned to trial levelDecision after removal
References
Case No. ADJ4204500 (ANA 0407556)
Regular
Feb 15, 2013

JESUS DUARTE vs. AMF ANAHEIM, LLC, COMP WEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal in this case, rescinding the WCJ's prior decision and remanding it for further proceedings. The WCAB also dismissed the defendant's petition for reconsideration, noting its improper inclusion of "reconsideration" in the caption when removal was the appropriate remedy. This action was taken to maintain procedural clarity regarding the distinction between removal and reconsideration. The matter is now returned to the WCJ for a new decision.

WORKERS' COMPENSATION APPEALS BOARDRemovalWCJPetition for RemovalReconsiderationRescindedReturnedTrial levelFinal orderDecision after Removal
References
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