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

Case No. ADJ2114868 (LAO 0878203) ADJ3881314 (LAO 0878204) ADJ4493553 (LAO 0861544)
Regular
Aug 23, 2010

ELLA MEZHIBURSKAYA vs. SUNNY MEDICAL TRANSPORTATION, INC., also known as UNIVERSAL MEDICAL TRANSPORTATION, INC., illegally uninsured

The Workers' Compensation Appeals Board denied the employer's petition for reconsideration and granted the applicant's petition. The employer was found to have illegally discriminated against the applicant by filing a retaliatory civil complaint, violating Labor Code section 132a(1). The applicant was denied compensation for her claimed industrial injuries but was awarded costs and attorney's fees related to the discrimination claim. The Board amended the findings to specifically cite subdivision (1) of section 132a, removing any reference to subdivision (3).

Workers' Compensation Appeals BoardApplicantDefendantPetition for ReconsiderationJoint Findings Award and OrderAdministrative Law JudgeCumulative TraumaSpecific Industrial InjuryLabor Code Section 132aDiscrimination
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ7688671; ADJ8112129
Regular
Apr 14, 2025

ZACHARY BAZILIUS vs. CITY OF TORRANCE

Applicant Zachary Bazilius and defendant City of Torrance each sought reconsideration of Findings and Order concerning a serious and willful claim under Labor Code section 4553. The WCJ had previously found a violation but deemed it settled by a civil agreement. The Appeals Board rescinded the prior Findings and Order, determining that the WCAB holds exclusive jurisdiction over Section 4553 claims and that civil settlements cannot settle such claims without WCAB approval. The Board also noted that the civil release explicitly excluded workers' compensation claims. The matter is returned to the WCJ for further proceedings to determine if the defendant's conduct constituted a serious and willful violation.

Workers' Compensation Appeals BoardLabor Code Section 4553Serious and Willful MisconductCivil SettlementJurisdictionReconsiderationFindings and OrderExclusive JurisdictionIncreased CompensationCivil Action
References
Case No. ADJ3694053 (SJO 0239468) MF ADJ2554333 (SJO 0247822)
Regular
Jan 27, 2017

JAMES HARRIS vs. TRENDWEST RESORTS, INC./CENDANT CORPORATION, AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA

This case concerns whether a civil settlement for discrimination and harassment also resolved the applicant's workers' compensation claims and whether the defendant should receive credit for the civil recovery. The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB affirmed the finding that the civil release did not settle workers' compensation rights, emphasizing that the release was not submitted for WCAB approval and the applicant credibly testified it did not cover industrial injuries. Citing precedent, the WCAB found that the defendant's wrongful conduct should not benefit from a credit.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderCivil Case SettlementGeneral ReleaseWorkers' Compensation BenefitsDouble RecoveryCredit for Civil RecoveryIndustrial InjuryCardiovascular System
References
Case No. ADJ3907382 (AHM 0133851)
Regular
Aug 28, 2009

Mayekal andREW WAGNER vs. WALMART, AVIZENT BENTONVILLE

The Workers' Compensation Appeals Board dismissed the lien claimant's petition for reconsideration because it was not verified as required by law. The applicant's own petition, initially filed as a complaint against the judge, was also denied due to its lack of specificity regarding grounds and supporting evidence. The Board noted the applicant may have intended to file a judicial ethics complaint instead. Therefore, both petitions were ultimately rejected, upholding the original June 12, 2009 Findings, Award, and Orders.

Lien claimantPetition for reconsiderationVerified petitionLabor Code section 5902Judicial ethics complaintComplaint About a Workers' Compensation Administrative Law JudgeWCJFindings Award and OrdersUnlawful or unjustMaterial evidence
References
Case No. ADJ6487905
Regular
Mar 30, 2012

SILVIA TORRES vs. OPTIMA STAFFING, INC., TAYLORED PERSONNEL & PAYROLL SERVICES, WAREHOUSE TECHNOLOGY, Inc., AMERICAN HOME ASSURANCE CO.

American Home Assurance sought reconsideration of a WCJ's denial of a stay pending a civil rescission action. The WCAB dismissed the petition for reconsideration because the order denying the stay was interlocutory and not a final decision. However, the Board granted removal of the case to itself to thoroughly review the complex factual and legal issues involved. This allows for further study and a more complete understanding before a final decision is issued.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Granting RemovalStay of ProceedingsRescission of PolicyFinal OrderInterlocutory OrderSubstantive RightLiabilityWorkers' Compensation Administrative Law Judge
References
Case No. ADJ7408183
Regular
Feb 09, 2016

GABRIEL LOPEZ vs. EXPRESS REGENCY PARKING, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves a dispute over conflicting stay orders on lien claims filed by Landmark Medical Management. The Appeals Board granted Landmark's Petition for Removal, rescinding a June 26, 2015 order that stayed proceedings due to criminal and civil indictments against Landmark. This rescinded order was superseded by an earlier, broader stay order from May 14, 2015, in a consolidated matter. The Board is consolidating this case with the prior stayed matters to ensure consistent application of a single stay order.

Petition for RemovalLandmark Medical ManagementPharmaFinance LLCMedRx Funding LLCSupplemental Minute Ordercriminal indictmentscivil complaintconflicting stay orderOscar ArreolaWestern Door & Trim
References
Case No. ADJ2294426 (MON 0193402)
Regular
Aug 09, 2019

SONA SIMONIAN vs. COUNTY OF LOS ANGELES, TRISTAR SERVICES GROUP

The Workers' Compensation Appeals Board granted a petition to disqualify Judge Yvonne Jones based on the appearance of bias. This was due to a sustained ethics complaint filed by lien claimant David Bressler, Ph.D., L.Ac., against Judge Jones concerning her conduct in this specific case. While Judge Jones asserted she could remain impartial, the Board found that a reasonable person could doubt her impartiality given the sustained ethics violation. The disqualification applies only to this case, and the matter will be reassigned.

Petition for DisqualificationWCJ JonesDavid BresslerPh.D.L.Ac.sustained ethics complaintappearance of biasWCAB Rule 10452Code of Civil Procedure Section 641due process
References
Case No. ADJ7741805
Regular
Sep 08, 2015

IRAIS REYES vs. ROYAL CATERING COMPANY, STATE COMPENSATION INSURANCE FUND

This case concerns a defendant's petition for reconsideration of a workers' compensation award. The defendant sought to dismiss the case based on res judicata and retraxit due to a prior civil settlement, and also identified a clerical error in the third-party credit calculation. The WCJ recommended denial, asserting that employment was previously determined and the civil dismissal did not preclude the current claim. The Appeals Board granted reconsideration solely to amend the award to correct the calculation of the third-party credit, affirming the original award in all other respects. The amended credit reflects the applicant's net civil recovery less employer negligence.

AOE/COEFindings and Awardpermanent total disabilitythird party creditemployer negligenceres judicataretraxitcollateral estoppelstipulated third party creditcivil lawsuit
References
Case No. ADJ6989771
Regular
May 22, 2015

JOSE CAMARENA vs. AMERICAN GOLF CORPORATION, ARCH INSURANCE COMPANY

Lien claimant, Anthem Blue Cross, sought reconsideration of an order dismissing its lien due to a single non-appearance at a hearing. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the dismissal was based on mistake, inadvertence, and excusable neglect. The WCAB emphasized the policy favoring hearings on the merits and noted the lien claimant's presence at the district office on the hearing date, its lack of prior similar conduct, and a sincere apology. Consequently, the WCAB rescinded the order dismissing the lien.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Dismissing LienCode of Civil Procedure section 473(b)Excusable NeglectHeart AttackEmergency RoomPrivate Health InsuranceDenied Claim
References
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