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

Case No. ADJ3687516 (OXN 0126293)
Regular
Dec 22, 2011

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, JULY SUESUE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICA TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISE INSURANCE, CRAWFY AND COMPANY, CITY OF LONG BEACH

Attorney M. Francesca Hannan sought reconsideration and disqualification of judges, alleging a conspiracy to dismiss her clients' liens and impose sanctions. The Board consolidated seven cases, designating *Anaya* as the master file, and ordered Hannan to provide a detailed factual response supporting her claims. Hannan requested a 120-day extension to file due to issues with mail delivery and requested a waiver for a lien trial transcript cost. The Board granted a 60-day extension for the response, but denied the waiver for the transcript cost, citing lack of justification and untimeliness of the bias allegation regarding the transcript.

Workers' Compensation Appeals BoardDisqualification petitionAdministrative Law JudgeBias allegationsExtension of timeVerified responseLien trial transcriptSanctionsAttorney's feesConsolidation of cases
References
Case No. ADJ10125079
Regular
Feb 22, 2017

BIRGIT GALINDO vs. AMERICAN MEDICAL RESPONSE, ACE AMERICAN INSURANCE COMPANY

This case involves a petition for removal filed by the defendants, American Medical Response and its insurer. The Workers' Compensation Appeals Board (WCAB) denied the petition, citing that removal is an extraordinary remedy only granted in cases of substantial prejudice or irreparable harm. The WCAB found that the defendants failed to demonstrate such harm and that reconsideration would be an adequate remedy if an adverse decision is eventually issued. Therefore, the defendants' contentions can be raised with the trial judge.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ AnalysisAdministrative Law JudgeExtraordinary RemedyFinal DecisionTrial Judge
References
Case No. ADJ6859570
Regular
Nov 04, 2013

GERSON RODRIGUEZ vs. VENTURI TECHNOLOGIES, INC., WAUSAU UNDERWRITERS INSURANCE CO.

This case involves a lien claimant who failed to file a timely response to a Notice of Intention to Impose Sanctions. The Appeals Board vacated its prior order granting reconsideration and, instead, granted removal to itself. The Board found the lien claimant's response to be untimely, even when considering electronic filing, and thus imposed the maximum sanction of $2,500.00 jointly and severally against the lien claimant and its representatives.

Workers' Compensation Appeals BoardReconsiderationSanctionsRemovalLien ClaimantElectronic Adjudication Management SystemLabor Code Section 5310Administrative Law JudgePetition for ReconsiderationNotice of Intention to Impose Sanctions
References
Case No. ADJ3162900 (LAO 0866179)
Regular
Aug 23, 2012

ROBERTO GOMEZ vs. GREIF BROTHERS CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case concerns a lien claimant's request for reconsideration of a disallowed lien due to alleged due process violations regarding witness testimony. The Appeals Board initially ordered responses from attorney Hannan and hearing representative Surujnarain regarding these allegations. While Hannan received an extension, Surujnarain's late joinder to the extension request, citing a need for legal counsel due to his non-attorney status, was ultimately granted. Surujnarain now has until September 7, 2012, to file his verified response, with no further extensions to be granted absent a compelling showing of good cause.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings & OrderLien ClaimantDue ProcessWitness TestimonySanctionsPetition for Extension of TimeVerified ResponsePenalty of Perjury
References
Case No. ADJ9312459
Regular
Nov 05, 2018

THANH CHUNG vs. SENTRY; SENTRY SELECT STEVENS POINT

The Workers' Compensation Appeals Board granted reconsideration of a lien claimant's petition, which had been recommended for dismissal as untimely. The Board noted discrepancies in electronic filing records and the lack of proof of timely physical filing. Therefore, the Board is giving the lien claimant an opportunity to provide evidence of timely filing within 10 days plus mailing time, otherwise the petition will be dismissed. No decision has been made on the merits of the petition at this stage.

Petition for ReconsiderationLabor Code section 4615lien claimanttimely filingEAMSBatch IDadministrative law judgeWorkers' Compensation Appeals Boardjurisdictionuntimely petition
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ6590798 ADJ6590824
Regular
Mar 25, 2013

ELEANOR CASTILLO vs. SENIOR HELPERS, ENDURANCE INSURANCE

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of a prior decision. This was done to allow further study of complex factual and legal issues. The Board also granted the defendant's request to file a supplemental response addressing new issues raised by the lien claimant in their Answer. All future filings in this case must now be submitted directly to the Appeals Board Commissioners, not to district offices or via electronic filing.

Petition for ReconsiderationSupplemental ResponseLien ClaimantReasonable ExpensesSanctionsAppeals Board Rule 10848Labor Code § 5813Cal. Code Regs. tit. 8 § 10561Evans v. Workmen's Comp. Appeals Bd.Electronic Adjudication Management System (EAMS)
References
Case No. ADJ1286359 (STK 0099018)
Regular
Nov 22, 2011

BRUCE BATES vs. VALLEY VINTNERS WINE COMPANY

The Workers' Compensation Appeals Board granted reconsideration in *Bates v. Valley Vintners Wine Company*. The defendant sought reconsideration of a finding of total and permanent disability, arguing the administrative law judge erred by not apportioning the disability. The Board granted reconsideration to review the defendant's supplemental petition and the applicant's response, aiming for a complete understanding of the record before issuing a decision. All further filings are to be directed to the Board's Commissioners in San Francisco.

Workers' Compensation Appeals BoardValley Vintners Wine CompanyBruce BatesFinding and Awardtotal and permanent disabilityapportionmentsupplemental petition for reconsiderationReport and RecommendationWCJadministrative law judge
References
Case No. ADJ11045133 ADJ11046176
Regular
Dec 30, 2019

JOHN QUIROGA vs. AK HVAC, NORGUARD INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of a prior dismissal order. The initial dismissal was based on the lien claimant's failure to verify its August 28, 2019, Petition for Reconsideration. Despite the lien claimant's subsequent attempt to submit a verified response and claim ignorance of the verification requirement, the Board found no legal basis for relief. As the underlying petition was dismissed, the Board did not address the lien claimant's substantive claim for reimbursement.

Lien claimantPetition for ReconsiderationVerification defectUnverified petitionDismissalTimelinessMedical-legal evaluationWCABWCJObjection and Response
References
Case No. ADJ1480264 (FRE 0200339)
Regular
Sep 07, 2010

ACOSTA, et al. vs. PETERSON FAMILY AND STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration and denied its petition for removal. The lien claimant challenged the WCJ's order appointing an independent bill reviewer, alleging due process violations and bias. The WCAB adopted the WCJ's report, affirming the WCJ's authority to appoint experts. The Board clarified that the WCJ retains judicial responsibility and the parties will have opportunities for cross-examination and rebuttal, ensuring a fair hearing.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalLien ClaimantIndependent Bill ReviewerDue ProcessFair HearingBiasCompetencyLegal Issues
References
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