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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ7848295
Regular
Apr 10, 2012

RAMONA BURTON vs. LONG BEACH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted removal and dismissed reconsideration of a WCJ's order. The WCJ had improperly taken the case off calendar and allowed discovery to reopen for a new psychiatric injury claim, despite the applicant filing a Declaration of Readiness to Proceed indicating trial readiness. This prejudiced the defendant by allowing the applicant to develop evidence for an unclaimed injury after discovery closure. The Board ordered discovery closed as of the original Mandatory Settlement Conference date and returned the case to trial level for a new MSC to prepare for trial.

Petition for RemovalPetition for ReconsiderationMandatory Settlement ConferenceDeclaration of Readiness to ProceedInjury to PsychePanel Qualified Medical EvaluatorPermanent and Stationary StatusReopened DiscoveryClosure of DiscoveryInterlocutory Orders
References
Case No. ADJ4069151 (SFO 0480834) ADJ2187655 (SFO 0489284)
Regular
Jan 13, 2014

NICOLE PEDROIA vs. CONVENANT AVIATION SECURITY, CHARTIS CLAIMS

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to take the cases off calendar. The WCJ had allowed record development on applicant's amended claims, but discovery had previously closed at the mandatory settlement conference. The Board found no good cause to reopen discovery for new injury claims filed just days before trial, over nine years after the initial injury. The matters are returned to the trial level for setting, with the WCJ to determine if reopened record development is permissible.

Petition for RemovalOff Calendar OrderAmended ApplicationsDiscovery ClosureMandatory Settlement ConferenceDue DiligenceLabor Code section 5502(d)(3)Stipulated InjuriesReopening DiscoveryWCJ
References
Case No. ADJ2519091 (LAO 0824930) ADJ4160066 (LAO 0824931) ADJ188382 (LAO 0828971)
Regular
Aug 18, 1941

MARIA MARXUACH vs. WESTIN BONAVENTURE HOTEL, ZURICH NORTH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied reconsideration in this case, upholding the judge's decision. Discovery closed by operation of law on September 12, 2007, and the applicant's attorneys failed to demonstrate due diligence in listing crucial medical reports as exhibits prior to this closure. Despite numerous continuances and attempts to amend the exhibit list, discovery was never formally reopened. The Board adopted the judge's reasoning that the applicant did not establish why the exhibits could not have been presented with reasonable diligence before discovery closed.

Mandatory Settlement ConferencePre-trial conference statementdiscovery closureadministrative law judgePetition for Reconsiderationreopen discoverydue diligenceexhibition listWCJ reportWorkers' Compensation Appeals Board
References
Case No. ADJ11292762 ADJ11292764 ADJ12720128
Regular
Feb 07, 2020

LETICIA GARCIA vs. CKE RESTAURANTS HOLDINGS, INC./TRAVELERS, ARM MANAGEMENT, INC./STATE FARM

Defendants petitioned for removal, arguing the WCJ improperly took the case off calendar after the applicant filed a new application for the same injury, which they claim was a tactic to reopen discovery past the mandatory settlement conference closure. The Appeals Board granted removal, rescinded the WCJ's order, and returned the matter to the trial level. The Board will determine if the new application is duplicative and, if so, it should be dismissed, with potential sanctions considered. This ensures discovery closure rules are not circumvented.

Petition for RemovalOff Calendar OrderDuplicative ApplicationReopening DiscoveryDiscovery ClosureMandatory Settlement ConferenceLabor Code Section 5502WCAB JurisdictionInoperative Statute of LimitationsSanction
References
Case No. ADJ3589881 (SBR0186633) ADJ2907298 (SBR0185776)
Regular
Mar 14, 2017

THEODORE MOULAS vs. SDA TRANSPORTATION, SAFECO INSURANCE COMPANY OF AMERICA

The defendant sought removal, challenging the WCJ's order to reopen discovery after trial had begun. The Appeals Board initially dismissed the removal petition as moot, believing the discovery dispute was resolved. However, the defendant asserted the dispute remained unresolved, prompting the Board to grant a new petition for removal. The Board rescinded its prior dismissal, denied the original removal petition without prejudice, and ordered the WCJ to hold an expeditious status conference to clarify the case's status and facilitate resolution.

Petition for RemovalDiscovery DisputeMandatory Settlement ConferenceReopening DiscoveryGood CauseIrreparable HarmMoot PetitionRescind OrderStatus ConferenceExpiditious Resolution
References
Case No. ADJ8908443
Regular
Aug 04, 2017

Abdias Gonzalez vs. Areg Khachikian, Guard Insurance Company

This case concerns the applicant's petition for removal to obtain necessary psychiatric and neurological QME evaluations. The applicant argues that proceeding to trial without this medical evidence would cause irreparable harm due to a severe depressive condition. While the WCJ initially denied reopening discovery, they acknowledged compelling reasons for further medical reporting. The Appeals Board granted the petition for removal, converting the trial date to a status conference to allow the WCJ to facilitate a schedule for obtaining the required medical discovery and ensure substantial justice.

Petition for RemovalMandatory Settlement ConferenceQualified Medical Evaluatorpsychiatric evaluationneurological evaluationtreating physiciansevere depressive conditiondiscovery closurePetition to Reopen Discoverysubstantial prejudice
References
Case No. ADJ9549383
Regular
Jul 10, 2017

JUANA ZELEDON DE TREMINIO vs. ESPOSTOS FINE FOODS INC. dba BOX LUNCH CO.

The defendant sought removal of the WCJ's orders to reopen discovery and take the case off calendar, arguing the applicant lacked due diligence. The Appeals Board granted removal, rescinded the WCJ's minute orders, and returned the case for trial without further discovery. The Board found the WCJ erred by taking the case off calendar and reopening discovery before trial, as there was no established record of deficient medical reports to justify such actions. The question of due diligence and substantial evidence should be determined based on admitted evidence at trial.

Workers' Compensation Appeals BoardPetition for RemovalMinute OrdersReopening DiscoveryOff CalendarDue DiligencePrejudicialIrreparably HarmfulMedical Provider Network (MPN)Continuity of Care
References
Case No. ADJ1551358 (LAO 0752000) ADJ3229366 (LAO 0751999)
Regular
Oct 17, 2011

HELEN BROWN vs. CEDARS-SINAI MEDICAL CENTER

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the trial judge's order to take the case off calendar for further discovery. The Board found the trial judge abused his discretion by ordering discovery without determining the current evidence was insufficient and without proper procedural grounds. Discovery was closed, and the applicant failed to show good cause to reopen it. The Board returned the cases to the trial level for a new trial based on the existing evidence.

Petition for RemovalAgreed Medical Evaluator (AME)Off CalendarDiscoverySubstantial EvidenceDevelop the RecordDue ProcessPetition to ReopenMandatory Settlement Conference (MSC)Pretrial Conference Statement
References
Case No. ADJ4167440 (SBR 0304112)
Regular
Dec 29, 2008

ALEJANDRO SANCHEZ vs. AUTOMOTIVE SUPPLY COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration of an order compelling discovery, deeming it interlocutory. However, they granted the defendant's petition for removal, rescinded the discovery order, and returned the case to the trial level. The Board found the original discovery requests for chemicals, MSDS, employee names, and machinery to be vague, overbroad, and improperly sought the compilation of information rather than existing records.

WCABPetition for ReconsiderationPetition for RemovalOrder Compelling Requested InformationSubpoena Duces TecumMSDSIndustrial InjuryCumulative ExposureChemicalsSolvents
References
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