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

Case No. STK 0175350
Regular
Jul 08, 2008

FRANCIS NZIBO vs. KAISER PERMANENTE, CALIFORNIA WORKERS' COMPENSATION

This case involves applicant Francis Nzibo's claim for penalties against Kaiser Permanente for alleged unreasonable delay in providing cervical surgery. The Workers' Compensation Appeals Board is issuing a notice of intention to dismiss the petition for reconsideration as moot because there is no evidence presented as to whether the applicant has actually undergone the authorized surgery. If surgery was not performed, no compensation payment was delayed, rendering the penalty claim moot.

Moot petitionPetition for reconsiderationCervical surgeryUnreasonable delayMedical care provisionPenaltiesWCJ findingsLabor Code section 5814Authorization of surgeryFailure to present
References
0
Case No. ADJ8339009
Regular
Jan 08, 2016

WINSTON ROCKEFELLER (Dec'd), SUZANNA ROCKEFELLER (Dependent), ERIKA OSWALD (Dependent) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS NORTHERN TRANSPORTATION HUBQ-ADMINISTRATION; legally uninsured; administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board intends to rescind its prior order granting reconsideration and dismiss the applicant's petition as moot. This action is prompted by the defendant's assertion that a new Panel Qualified Medical Examiner has been appointed and has issued reports, rendering the original dispute regarding the disqualification of the previous PQME moot. The Board will proceed with rescinding and dismissing unless the applicant demonstrates good cause why the issue remains live. No decision on the merits of the original petition has been made.

WCABPetition for ReconsiderationFindings and OrderPanel Qualified Medical ExaminerPQMERule 41.5(d)(2)(A)disqualifying conflict of interestmoot issueNotice of Moot IssueOpinion and Order Granting Reconsideration
References
0
Case No. MISSING
Regular Panel Decision

Claim of Fabiano v. Sears

This document concerns an appeal from a Workers’ Compensation Board decision, filed on June 27, 2005, which had awarded the claimant compensation for a period from December 28, 2001, to April 25, 2003. After the employer perfected this appeal, the Board subsequently filed an amended decision. This amended decision effectively rescinded its prior determination regarding the resumption of awards and returned the case to the trial calendar. The purpose of returning the case was to determine compensation awards subsequent to the claimant’s retirement. Consequently, the original appeal has been rendered moot by the Board's amended determination. Therefore, the appeal is dismissed without costs.

Workers' Compensation AppealAppeal DismissedMootness DoctrineAmended Board DecisionCompensation AwardsTrial Calendar RemandRescinded DeterminationAppellate Court RulingJudicial PrecedentProcedural Dismissal
References
2
Case No. ADJ9904638 ADJ7352002
Regular
Aug 23, 2018

CARMEN CAEZ vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES (IHSS), administered by YORK RISK SERVICES GROUP, INC

In this workers' compensation case, the applicant filed a Petition for Removal seeking to rescind a Notice of Hearing. The applicant argued the hearing would cause prejudice, but the underlying Petition for Reconsideration was rendered moot when the WCJ vacated their initial decision. Further attempts at reconsideration were withdrawn, and the subsequent trial rendered the current Petition for Removal moot. Consequently, the Appeals Board dismissed the Petition for Removal.

Petition for RemovalPetition for ReconsiderationNotice of HearingFindings and OrderWorkers' Compensation Appeals BoardWCJVacated DecisionRendered MootDismissed PetitionADJ9904638
References
0
Case No. MISSING
Regular Panel Decision

Claim of Weygant v. Walter Kroll, Inc.

The case involves an appeal stemming from a Workers' Compensation Board decision, which affirmed a Workers' Compensation Law Judge's order for medical witness depositions. However, the Workers' Compensation Board later rescinded its own panel decision that was under appeal, thus rendering the ongoing appeal moot. The court found no applicable exception to the mootness doctrine, citing established precedent like *Matter of Hearst Corp. v Clyne*. Consequently, the appeal was dismissed without costs due to its moot status.

Workers' Compensation LawAppeal dismissalMootness doctrineMedical witness depositionsBoard panel decision rescissionJudicial discretionProcedural issueAppellate procedureLegal precedent
References
2
Case No. ADJ9925256
Regular
May 04, 2016

JOSE BARRIOS vs. JTS MODULAR, CALIFORNIA CONTRACTOR'S NETWORK, administered by AMERICAN CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board dismissed the Defendant's Petition for Removal as moot. The petition sought to challenge an order setting a trial date. However, the parties subsequently agreed to take the case off calendar to conduct further discovery via an Agreed Medical Evaluator. This mutual agreement rendered the defendant's petition unnecessary and thus moot.

Petition for RemovalMootAgreed Medical EvaluatorOff CalendarDiscoveryWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJTrialVan Nuys District Office
References
0
Case No. ADJ7055421
Regular
Jun 08, 2015

DAVID TSUI vs. GOLDEN STATE OVERNIGHT, US FIRE INSURANCE COMPANY c/o LWP CLAIMS SOLUTIONS

The applicant sought removal to prevent a trial before a vocational rehabilitation report was finalized, arguing it would harm his lost earning capacity claims. However, at the scheduled trial date, the parties entered into stipulations with a request for award. This stipulated award was approved by the judge, rendering the applicant's prior petition for removal moot. Consequently, the Appeals Board dismissed the petition as moot.

Petition for RemovalAppeals BoardWCJContinued to trialClosed discoveryVocational rehabilitation expertLost earning capacityIrreparable harmStipulations with Request for AwardMoot
References
0
Case No. ADJ9006344, ADJ9006339
Regular
Sep 16, 2014

CONRADO PENA vs. JOHNNY'S PALLETS; COMPANION P&C, administered by INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board dismissed Conrado Pena's Petition for Reconsideration because it was rendered moot. This dismissal is based on the reasoning provided in the administrative law judge's Report and Recommendation, which the Board adopted. The Board also noted that a Compromise and Release agreement is pending approval at the trial level, and the current order does not address that agreement. Therefore, the Board's action is solely to dismiss the reconsideration petition as moot.

Petition for ReconsiderationCompromise and ReleaseWCJEAMSmootOrder Approving Compromise and ReleaseOrder of Dismissalworkers' compensationWorkers' Compensation Appeals BoardVan Nuys District Office
References
0
Case No. ADJ4133907 (ANA 0398419)
Regular
Mar 25, 2009

STEVE MARION vs. LONG BEACH UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured, administered by TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration. The defendant argued that the WCJ erred by issuing an order for lien payment without considering their objection and that their due process rights were violated due to lack of notice for the lien conference. However, the defendant later filed a notification stating that a resolution of the lien claim rendered further review moot. Therefore, the petition was dismissed as moot.

WCABPetition for ReconsiderationLien ClaimantWorkers' Compensation Administrative Law JudgeDue ProcessNotice of Intention to Order PaymentLien ConferenceNotification of ResolutionMootDismissed
References
0
Case No. ADJ9922433
Regular
Dec 08, 2015

PAUL BIXBY vs. CITY OF LAGUNA BEACH

This case concerns an applicant's petition for removal of the Workers' Compensation Judge (WCJ) based on alleged bias. The applicant's petition, though unverified and procedurally deficient, was treated as a disqualification request. The WCJ acknowledged inappropriate behavior and recused himself from the case, rendering the applicant's requested relief moot. Consequently, the Appeals Board dismissed the petition for removal as moot, while cautioning the applicant about future procedural compliance.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ disqualificationOrder taking matter off calendarOrder Quashing Subpoena Duces Tecumbiasmootnessrecusalprocedural requirementsunverified petition
References
2
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