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

Case No. ADJ7106903
Regular
Sep 15, 2015

DAVID CONNOR vs. RESTAURANTS TO YOU/CAFÉ RUNNER, STATE COMPENSATION INSURANCE FUND

This order transfers venue for Case No. ADJ7106903, involving David Connor and Restaurants To You/Café Runner, from the San Luis Obispo District Office to the Santa Barbara Satellite Office. The transfer is necessitated by both parties exercising their challenges under Appeals Board Rule 10453, leaving no available judges in San Luis Obispo. The Presiding Judge in Santa Barbara will schedule the matter for trial upon receipt.

Venue transferAppeals Board rule 10453Challenge of judgePresiding Workers' Compensation JudgeSanta Barbara Satellite OfficeSan Luis Obispo District OfficeSetting for trialWorkers' Compensation Appeals BoardRestaurants to YouCafe Runner
References
Case No. ADJ9320206
Regular
May 08, 2014

MIKE VILLALOBOS vs. WESTERN VILLAGE HEALTH CLUB, STATE COMPENSATION INSURANCE FUND

This case involves applicant Mike Villalobos seeking removal of a decision denying his request to change venue from San Luis Obispo to Santa Barbara. The WCAB denied removal, holding that Santa Barbara only has a satellite office of the Oxnard District Office, not a formal WCAB district office. The Board deferred to the DWC's administrative construction that only district offices count for venue purposes, citing practical differences in staffing and facilities. Therefore, the original venue in San Luis Obispo was upheld.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueDistrict OfficeSatellite OfficeAdministrative ConstructionLabor Code Section 5501.5Goleta District OfficeOxnard District OfficeSanta Barbara Satellite Office
References
Case No. ADJ7523416
Regular
Jul 10, 2013

ROSAICELA ALEJANDRE vs. COMMUNITY ACTION PARTNERSHIP OF SAN LUIS OBISPO, LIBERTY MUTUAL

This case involves a petition for reconsideration filed by applicant Rosaicela Alejandre. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The WCAB adopted the administrative law judge's report which found the petition was filed more than 25 days after the November 19, 2012, Order Dismissing the 132(a) Application. This delay violated the 20-day filing period under Labor Code section 5903, plus the 5-day extension for mailing.

Petition for ReconsiderationUntimelyLabor Code section 5903Code of Civil Procedure section 1013Order DismissingWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and Recommendation132(a) ApplicationWCAB
References
Case No. VNO 0506969
Regular
Jan 22, 2008

CLAYTON BELL vs. COUNTY OF SAN LUIS OBISPO

This case concerns a defendant's petition for reconsideration of a workers' compensation award. The defendant argued that the administrative law judge erred in awarding 45% permanent disability after apportionment, contending a lower percentage should have been applied based on a prior award. The Workers' Compensation Appeals Board denied reconsideration, finding the defendant failed to meet its burden of proving overlap between the current and prior permanent disability under Labor Code section 4664. A dissenting opinion argued that apportionment under section 4663 also failed due to insufficient medical evidence.

Workers' Compensation Appeals BoardClayton BellCounty of San Luis ObispoJoint Findings and AwardDeputy SheriffIndustrial InjuryBack and Neck InjuryPermanent DisabilityApportionmentSenate Bill 899
References
Case No. ADJ9708136
Regular
Mar 06, 2019

TYLOR BUNDY vs. COUNTY OF SAN LUIS OBISPO

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a decision allowing the cost of a vocational expert. The Board found the decision to be final as it determined a substantive right. Furthermore, the Board dismissed the petition for removal, an extraordinary remedy, as the applicant failed to demonstrate substantial prejudice or irreparable harm. Reconsideration was deemed an adequate remedy, leading to the denial of the petition.

WCABPetition for ReconsiderationPetition for RemovalVocational ExpertFinal OrderSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
Case No. ADJ9693537
Regular
Feb 17, 2015

JUAN MARTINEZ vs. SMITH PACKING, INC.; CAREWEST INSURANCE COMPANY, administered by PEGASUS RISK MANAGEMENT

In *Martinez v. Smith Packing, Inc.*, the Workers' Compensation Appeals Board denied the defendant's Petition for Removal, finding no substantial prejudice or irreparable harm. The Board adopted the WCJ's reasoning that removal is an extraordinary remedy requiring a showing of significant harm, which the defendant failed to demonstrate. The defendant's argument for changing venue from Santa Barbara to San Luis Obispo was also rejected, as the applicant lived, worked, and was injured in Santa Barbara County, and the WCJ found good cause to keep the case in that venue.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdequate RemedyLabor Code Section 5501.5Labor Code Section 5501.6VenueSanta Barbara County
References
Case No. ADJ7632437
Regular
Apr 20, 2015

MARIA GARCIA vs. HISTORIC SANTA MARIA INN, FIREMANS FUND INSURANCE COMPANY

In this workers' compensation case, the applicant sought to change venue from San Luis Obispo to Santa Barbara. The initial venue was based on her former attorney's location, but the applicant lives, worked, and was injured in Santa Barbara County, where her current attorney also practices. The Appeals Board granted removal, finding that the Santa Barbara "satellite office" functions as a full trial court office. Therefore, venue was changed to Santa Barbara, as statutory criteria for venue are met and substantial prejudice would result from maintaining the current location.

Petition for RemovalOrder Denying Change of VenueWorkers' Compensation Appeals BoardWCJVenueSan Luis ObispoSanta BarbaraSatellite OfficeLabor Code Section 5501.5Application for Adjudication of Claim
References
Case No. ADJ7859239, ADJ7859246
Regular
Mar 10, 2014

BELINDA BURTON vs. SAN LUIS OBISPO CHILD DEVELOPMENT CENTER, REDWOOD FIRE AND CASUALTY INSURANCE COMPANY

The applicant seeks reconsideration of two decisions regarding permanent disability ratings, arguing she was denied the opportunity to rebut the defense's Diminished Future Earning Capacity (DFEC) expert report. The Board granted reconsideration, finding the applicant was deprived of due process by not being afforded adequate time to obtain a rebuttal report to the defense's late-disclosed DFEC expert report. The original decisions are rescinded, and the matters are returned for further proceedings, allowing both parties time to obtain rebuttal and response reports from their respective DFEC experts. Discovery will then be closed, and the parties can request trial.

Diminished Future Earning CapacityDFEC expert reportRebuttal reportDue processWCAB Rule 10507Mandatory Settlement ConferenceVocational expert evidencePermanent disability ratingReconsiderationFindings and Award
References
Case No. ADJ9339208
Regular
May 29, 2014

ISMAEL VILLARUIZ vs. TOMMYS OWN, YORK INSURANCE

Applicant Ismael Villaruiz petitioned for removal, seeking to change venue from San Luis Obispo to Santa Barbara. The Workers' Compensation Appeals Board dismissed this petition as moot. This action was taken because the applicant subsequently filed a Compromise and Release agreement. The case is now returned to the trial level for the judge to review the settlement.

Petition for RemovalOrder Denying Change of VenueWCJVenueLabor Code section 5501.5Compromise and ReleaseMootTrial LevelSan Luis Obispo District OfficeSanta Barbara District Office
References
Case No. ADJ10109726
Regular
Nov 14, 2016

ARNOLD SAYLES vs. DIGNITY HEALTH MARIAN REGIONAL MEDICAL CENTER, SEDGWICK CMS

In this Workers' Compensation Appeals Board case, the applicant, Arnoid Sayles, successfully challenged the assigned judge. Due to the absence of any remaining judges in the San Luis Obispo District Office, the venue for this case has been transferred to the Santa Barbara Satellite Office. The matter will be scheduled for trial in Santa Barbara upon receipt. This order effectively relocates the proceedings as a result of the applicant's challenge.

Workers' Compensation Appeals BoardArnold SaylesDignity Health Marian Regional Medical CenterSedgwick CMSADJ10109726Santa Barbara Satellite OfficePresiding Workers' Compensation JudgeLeCoverChallengeAppeals Board Rule 10453
References
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