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

Case No. ADJ8875197
Regular
Mar 03, 2017

ALAYNE ANNE BRAND vs. MOUNT DIABLO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal filed on December 21, 2016, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The applicant's subsequent petition for removal, filed on January 4, 2017, seeking disqualification of the WCJ, was dismissed upon the applicant's attorney's withdrawal of that petition. The WCAB adopted the WCJ's report and reasoning in its decisions. The applicant also failed to comply with statutory requirements for removal requests.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ disqualificationsubstantial prejudiceirreparable harmreconsiderationextraordinary remedyLabor Code section 5311Appeals Board Rule 10452notice of withdrawal
References
2
Case No. AD.J9467074, AD.J9468922
Regular
Oct 03, 2016

THEODORE DAVIS vs. CITY OF MODESTO, YORK INSURANCE SERVICES GROUP, INC.

This case concerns the admissibility of a medical report by Dr. Besses and whether it can be reviewed by a panel qualified medical examiner (QME). The applicant sought reconsideration and removal of a prior decision that found the report inadmissible due to improper procedure under Labor Code section 4060. The Appeals Board treated the applicant's filing as a Petition for Reconsideration, finding that the admissibility of the report presented a critical issue in the case. Ultimately, the Board denied the Petition for Reconsideration and dismissed the Petition for Removal, upholding the prior decision.

Petition for ReconsiderationPetition for RemovalLabor Code section 4060Batten v. Workers' Comp. Appeals Bd.Qualified Medical Examiner (QME)Panel QMEAdmissibility of Medical ReportInterim OrdersFinal OrderThreshold Issues
References
7
Case No. ADJ6501139
Regular
Mar 09, 2010

AARON GOMEZ vs. SUNWOOD DOORS, INC., STATE COMPENSATION INSURANCE FUND, EMPLOYERS COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board denied the defendant's petition for removal, which argued that Pacific Employers' Insurance Company, the terminal carrier, was a necessary party. The Board adopted the presiding judge's report, finding no basis for removal. Additionally, the applicant's petition for removal was dismissed as untimely. The case will proceed to trial without the joined carrier.

Petition for RemovalContinuous Trauma ClaimTerminal CarrierDue Process RightsPetition for Leave to File Supplemental PetitionApplicant's AnswerPetition for SanctionsPresiding Workers' Compensation Administrative Law JudgeOrder for TrialJoinder of Party
References
0
Case No. ADJ6990453
Regular
Feb 07, 2011

LEE CORDAWAY vs. CITY OF FOLSOM, YORK INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not filed from a final order, as reconsideration is only permissible from decisions determining substantive rights or liabilities. The WCAB also denied the petition for removal, adopting the Workers' Compensation Judge's report and finding no substantial prejudice or irreparable harm if removal was not granted. The petitioner failed to demonstrate why removal was necessary or that reconsideration would be an inadequate remedy. Therefore, both the petition for reconsideration and the petition for removal were dismissed and denied, respectively.

Petition for ReconsiderationFinal OrderSubstantive RightLiabilityInterlocutory OrderProcedural DecisionEvidentiary DecisionRemovalSubstantial PrejudiceIrreparable Harm
References
8
Case No. ADJ1732179 (LBO 0394128)
Regular
Feb 15, 2011

LISA WLADKOWSKI vs. BALL METAL CONTAINER CORP.; DISCOVERY MANAGERS, administered by SPECIALITY RISK SERVICES

In this workers' compensation case, the Board dismissed the defendant's petition for reconsideration of an order that struck a Qualified Medical Evaluator's (QME) report due to an allegedly excessive deposition fee. However, the Board granted the defendant's alternative petition for removal. The Board found no legal basis to strike a QME's report solely because their deposition fee exceeds the presumptive statutory rate. Consequently, the original order striking the report was rescinded, and the matter was returned for further proceedings.

Workers' Compensation Appeals BoardPanel Qualified Medical EvaluatorPQMEdeposition testimonyexcessive feemedical legal fee schedulestriking medical reportpetition for reconsiderationpetition for removalevidentiary order
References
5
Case No. ADJ15495436
Regular
Feb 18, 2025

Calvin Grigsby vs. Grigsby and Associates, State Farm Fire and Casualty Company

The Workers' Compensation Appeals Board considered two petitions from the applicant, Calvin Grigsby: a December 9, 2024 Petition for Reconsideration and/or Removal, and a December 24, 2024 Petition for Removal. The Board dismissed the reconsideration aspect of the December 9th petition as it pertained to non-final orders and denied removal, finding no demonstration of irreparable harm. The subsequent December 24th petition was also dismissed as it challenged the same December 4, 2024 orders. The Board also noted the applicant's failure to comply with page limits for the petition.

Petition for ReconsiderationPetition for RemovalNonfinal OrdersLabor Code Section 5909Electronic Adjudication Management SystemFinal OrderInterlocutory DecisionsSubstantial PrejudiceIrreparable HarmSupplemental Pleadings
References
15
Case No. ADJ8209954
Regular
Jul 10, 2013

JOHN NAVROTH II vs. MERVYN'S STORES, ACE AMERICAN INSURANCE COMPANY, CONSTITUTION STATE SERVICES, INC.

This case involves a petition for reconsideration and removal filed by the applicant, John Navroth II. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was not taken from a final order determining substantive rights or liabilities. The WCAB also denied the petition for removal, adopting the administrative law judge's report and finding no substantial prejudice or irreparable harm. Therefore, the petition for reconsideration was dismissed, and removal was denied.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityWorkers' Compensation Appeals BoardLab. CodeRymer v. HaglerKaiser Foundation Hospitals
References
10
Case No. ADJ6626132
Regular
Jan 21, 2011

IMELDA DELACRUZ LOPEZ vs. PACIFIC BELL; SEDGWICK 51460 ONTARIO

The defendant sought reconsideration and removal of a WCJ's order denying their petition to strike a Qualified Medical Evaluator's report. The Appeals Board dismissed the Petition for Reconsideration because the order was not a final one. The Board also denied the Petition for Removal, finding the defendant failed to demonstrate significant prejudice or irreparable harm. The defendant's arguments regarding the QME report's evidentiary value and due process were not considered due to procedural deficiencies.

WCABADJ6626132Pacific BellSedgwickPetition for ReconsiderationPetition for RemovalMinute OrderPetition to Strike QME PanelDr. Sanatharasubstantial evidence
References
5
Case No. ADJ133550 (LAO 0865174)
Regular
Mar 04, 2011

DAVID MENDEZ vs. COAST HEAT TREATING CO., ZENITH WOODLAND HILLS

The Applicant sought reconsideration and removal of an order denying his petition to strike a doctor's report, arguing a certified interpreter was required for a Spanish-speaking claimant during a medical examination. The Appeals Board dismissed the petition for reconsideration because the order was not final. The Board denied the petition for removal, finding no substantial prejudice or irreparable harm and noting the issue of the report's admissibility is reserved for trial. The Applicant failed to provide proof of allegations or file a Declaration of Readiness regarding discovery issues.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJcertified interpretermedical examinationnon-English speaking workersubstantial evidencediscovery issuesevidentiary issues
References
7
Case No. ADJ9793567
Regular
Aug 19, 2015

ROSA CAMACHO vs. RIVER RANCH FRESH FOODS, ZURICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Rosa Camacho's petition for reconsideration because it was not taken from a "final" order, as it only addressed an intermediate procedural or evidentiary issue. The WCAB also denied her petition for removal, an extraordinary remedy, finding no showing of substantial prejudice or irreparable harm if removal were denied. The WCAB adopted the judge's report, which detailed why the issues raised were not final determinations of substantive rights or threshold matters. Therefore, the petition for reconsideration was dismissed, and the petition for removal was denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory DecisionExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
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