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

Case No. ADJ8518632
Regular
May 09, 2017

HORACIO MONTOYA vs. CBC FRAMING, INC., ARCH INSURANCE COMPANY, A B GALLAGHER BASSETT

The WCAB granted the defendant's Petition for Removal regarding a prior WCJ order compelling a Functional Capacity Evaluation. Removal was granted because the WCJ's order was based on a medical report that had not been formally admitted into evidence, preventing meaningful review. The Board will now admit the defendant's medical report into evidence for the limited purpose of determining the Petition for Removal. This action is an extraordinary remedy due to the prejudice caused by relying on unadmitted evidence.

RemovalFunctional Capacity EvaluationIndustrial InjuryPrejudiceIrreparable HarmAdmitted EvidenceQualified Medical EvaluationExhibit AAdministrative Law JudgePetition for Removal
References
4
Case No. MISSING
Regular Panel Decision

Paese v. New York Seven-Up Bottling Co.

This case concerns a motion for Rule 11 sanctions filed by defendant Soft Drink and Brewery Workers Union, Local 812, against plaintiffs' counsel, Robert L. Ferris. Ferris represented nine former Seven-Up employees in a breach of fair representation claim against Local 812 under the Labor Management Relations Act. The underlying claim arose from Local 812's settlement of a WARN Act suit, with plaintiffs alleging the union failed to disclose material information regarding the settlement's impact on their creditor rights. At trial, Ferris failed to present any evidence demonstrating a causal link between the alleged omissions and the outcome of the ratification vote, which was an essential element of the plaintiffs' claim. The court found Ferris's signing and filing of the Findings of Fact and Joint Consolidated Pre-Trial Order, asserting causation without adequate proof after discovery, to be objectively unreasonable and a violation of Rule 11. Consequently, the defendant's motion for Rule 11 sanctions was granted, and Mr. Ferris was ordered to pay $2,000.00.

Rule 11 SanctionsBreach of Fair RepresentationLabor Management Relations ActWARN ActCausationAttorney MisconductObjective UnreasonablenessPost-Discovery ConductUnion SettlementBankruptcy Stay
References
10
Case No. ADJ3793506 (LBO 0329885)
Regular
Jun 18, 2014

LYDIA QUINONES vs. STAR RING/CALIFORNIA INDEMNITY INSURANCE COMPANY as administered by GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted the defendant's petition for reconsideration of a prior award. The defendant argued its due process rights were violated by the denial of a supplemental QME report and challenged the 100% permanent disability finding and other awards. The Board intends to admit specific applicant expert reports into evidence, subject to objection. A ruling on the merits of the petition will follow a review of any objections.

Petition for ReconsiderationFindings and AwardVocational ExpertHome Health CarePermanent DisabilityQualified Medical EvaluatorDue ProcessSupplemental ReportSubstantial EvidenceAdmitted Evidence
References
2
Case No. MON 0284020
Regular
Apr 07, 2008

JUAN RAMON VAQUIS vs. SANTA MONICA EXPRESS, INC., KEMPER EMPLOYERS INSURANCE COMPANY, BROADSPIRE

The Appeals Board granted reconsideration because the proof of service for the disallowance of Managedmed's lien was not properly admitted into evidence, thus lacking a factual basis for the WCJ's finding of timely service. The Board rescinded the prior order and remanded the case for further proceedings to determine actual service and rule on the lien claimant's motion to set aside the disallowance. This decision emphasizes the requirement for admitted evidence to support findings, especially concerning service and potential relief under Code of Civil Procedure § 473(b).

Lien ClaimantReconsiderationWCJDisallowanceProof of ServiceAdmitted EvidenceRecord of ProceedingsWCAB RulesLabor CodeCCP 473(b)
References
2
Case No. ADJ3156337 (FRE 0209931) ADJ4199467 (FRE 0209932)
Regular
Nov 20, 2008

FRANK FLORES vs. NICKEL'S PAYLESS STORES, WAUSAU INSURANCE COMPANIES, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINSITRATORS

The Workers' Compensation Appeals Board granted reconsideration of an award for a 1999 right foot and ankle injury, specifically addressing the defendant's claims of error in permanent disability calculation without apportionment and the exclusion of medical evidence. The Board intends to admit the Agreed Medical Evaluator's reports into evidence, which the WCJ had previously excluded. This decision will allow the Board to review all relevant medical evidence before making a final determination on apportionment and the applicant's claimed injuries.

Workers Compensation Appeals BoardIndustrial InjuryPermanent Partial DisabilityApportionmentAgreed Medical EvaluatorSubstantial Medical EvidenceAdmissibility of EvidencePetition for ReconsiderationAmended Findings Award and OrderMinutes of Hearing
References
0
Case No. ADJ9854290
Regular
Apr 10, 2017

MARY VIEIRA vs. PASO ROBLES TANK, INCORPORATED., OLD REPUBLIC GENERAL INSURANCE CORPORATION, GALLAGHER BASSETT SERVICES

This case involves defendant's petition for reconsideration of a finding of total permanent disability due to an admitted industrial right ankle injury complicated by Complex Regional Pain Syndrome (CRPS). Defendant argues the Qualified Medical Evaluator's (QME) report lacks substantial evidence due to failure to review prior injury records and for not using DRE ratings. The Appeals Board granted reconsideration to admit a supplemental QME report that reviewed the prior injury records and did not alter the QME's opinions. The Board intends to admit this supplemental report unless good cause is shown within 15 days.

Complex Regional Pain SyndromeCRPSQualified Medical EvaluatorQMEsubstantial evidenceDRE ratingsAMA Guidessupplemental reportPetition for ReconsiderationFindings and Award
References
0
Case No. ADJ9499148
Regular
Mar 28, 2018

GUMERCINDO ANGUIANO ARAUJO vs. YUKON PLASTERING, INC.; STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration and rescinded the WCJ's order disallowing lien claimant's lien. The original order dismissing the lien was based on insufficient evidence in the record, as no testimony was taken and no exhibits were formally admitted into evidence. The Board found the verification defect in the petition for reconsideration to be non-jurisdictional and not prejudicial to the defendant. The case is returned to the trial level for further proceedings to develop the record and properly admit evidence.

Petition for ReconsiderationLien ClaimantStipulation Award OrderLabor Code section 5402Date of InjuryPretrial Conference StatementAdmitted EvidenceRecord of ProceedingsWCAB Rule 10750(a)Hamilton v. Lockheed Corporation
References
3
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. ADJ9841623
Regular
Nov 04, 2016

JERRY RAMOS MELCHOR vs. ROLLINS, dba ORKIN LLC, SEDGWICK

Defendant Orkin LLC sought removal of a WCJ's order for an additional Qualified Medical Examiner (QME) panel in orthopedics. The Appeals Board granted removal because the WCJ's decision was not based on admitted evidence in the record. The WCJ improperly issued the panel without a trial despite defendant's objection. The Board rescinded the order and returned the matter to the trial level for further proceedings, emphasizing that submitted documents must be admitted into evidence.

References
6
Case No. LBO 0323091
Regular
Apr 11, 2008

JOSE LUIS ZENDEJAS vs. DISTRIBUTION AUTO SERVICES, TOKIO MARINE MANAGEMENT

The WCAB granted reconsideration and rescinded the prior order to pay the lien claimant only $100. The Board found the original order lacked proper documentation and was not based on admitted evidence or a proper evidentiary hearing, violating WCAB rules and precedent. The case is returned for further proceedings to ensure the lien claim is properly litigated with due process.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationOrder to Pay LienStipulated AwardPermanent DisabilityMedical TreatmentWCAB Rule 10566Hamilton v. Lockheed Corp.Summary of Evidence
References
5
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