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

Case No. ADJ1186781 (VNO 0516635) ADJ1590743 (VNO 0552326)
Regular
Jun 10, 2013

DANA BONSALL vs. COUNTY OF LOS ANGELES, Permissibly Self-Insured

Defendant County of Los Angeles petitioned to set aside an order compelling payment of $14,500 to lien claimant, The 4600 Group. The defendant argued the order was based on mistake, as they were unaware of prior payments made to Burbank Podiatry, which was part of the lien claim. Crucially, the assigned judge realized she was disqualified due to previously serving as defense counsel in this matter. The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.

WCABPetition to Set AsideStipulation and OrderLien ClaimantWCJ DisqualificationRule 9721.12(c)(2)Good CauseRescinded OrderRemandBurbank Podiatry
References
Case No. ADJ1377755 (FRE 0242857) ADJ1891281 (FRE 0242858)
Regular
Oct 11, 2010

RUDOLPH GUTIERREZ vs. DERREL'S MINI STORAGE, BERKSHIRE HATHAWAY HOMESTATE, CO.

The Workers' Compensation Appeals Board dismissed Applicant Gutierrez's petition for reconsideration of a January 19, 2010 stipulation and order. Applicant contended the settlement was not secured with his consent. The Board treated his petition as a motion to set aside the award. The case is returned to the trial level for the judge to consider the set-aside petition and conduct further proceedings.

Workers' Compensation Appeals BoardReconsiderationPetition to Set AsideStipulation and OrderPro SeAdministrative Law JudgeDismissedReturned to Trial LevelAwardConsent
References
Case No. ADJ3502038 (VNO 0531200) ADJ3850322 (VNO 0531201)
Regular
Oct 21, 2010

MARIA DE LA LUZ PADILLA vs. SUNRISE SENIOR LIVING, INC., HOME ASSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration of a Stipulations and Award (S&A) regarding applicant's neck, shoulder, and chest injuries. The defendant claimed mutual mistake and delays by applicant's attorney as grounds to set aside the S&A. However, the WCAB found these allegations insufficient to overturn the executed contract. The matter is returned to the trial level for further proceedings on the defendant's separate petition to set aside the S&A, due to apparent procedural irregularities.

Stipulations and AwardPetition for ReconsiderationPetition to Set AsideMutual Mistake of FactGood CauseDelay in ApprovalService of DocumentEthical BreachesTrial Level ProceedingsWorkers' Compensation Judge
References
Case No. ADJ4414084 (MON 0351669) ADJ725833 (MON 0351670)
Regular
Aug 30, 2018

IRMA ARZOLA vs. SHERWOOD MANAGEMENT, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a lien claimant's petition to set aside a stipulation and for reconsideration. The petition was deemed "skeletal" for failing to adequately detail grounds, cite evidence, or articulate legal principles. Additionally, the petition was dismissed because proof of service on adverse parties was not provided, violating Labor Code and Appeals Board Rules.

Petition to Set AsidePetition for ReconsiderationSkeletal PetitionProof of ServiceAdverse PartiesLabor Code § 5902Labor Code § 5905Cal. Code Regs. § 10842Cal. Code Regs. § 10846Cal. Code Regs. § 10852
References
Case No. ADJ19408921, ADJ19408487, ADJ19408920
Regular
Jun 16, 2025

Maria Vazquez vs. Holiday Inn Los Angeles Gateway, Indemnity Insurance Company of North America

Defendant filed a petition to set aside and reconsider an Order Approving Compromise & Release (OACR), claiming applicant's age and Medicare beneficiary status were overlooked in the settlement. The Appeals Board noted procedural irregularities regarding notice of case transmission and the absence of a hearing to establish a complete record concerning the Compromise and Release agreement's adequacy and Medicare interests. As a result, the Board dismissed the petition as premature and returned the matter to the trial level for a hearing to gather necessary evidence.

Order Approving Compromise & ReleaseMedicare Set AsidePetition for ReconsiderationMotion to Set AsideLabor Code Section 590960-Day RuleNotice of TransmissionWorkers' Compensation Medicare Set-Aside Arrangement (WCMSA)Good CauseMutual Mistake of Fact
References
Case No. ADJ1332416 (WCK 0031685) ADJ3521523 (OAK 0322592) ADJ4017994 (WCK 0029276)
Regular
Nov 19, 2015

PAMELA ZEILSTRA vs. TARGET STORES

The Workers' Compensation Appeals Board granted defendant's petition for removal, rescinding the WCJ's order setting a mandatory settlement conference and deferring the request to set aside a prior order compelling medical examination attendance. The Board found that the issue of setting aside the two-year-old compelling order must be resolved before a settlement conference. Applicant must comply with the order or show good cause for setting it aside, and defendant may seek an order under Labor Code section 4053. The matter is returned to the trial level for further proceedings, starting with a status conference.

Petition for RemovalOrder Compelling AttendanceMedical ExaminationMandatory Settlement ConferenceWCJDiscoverySet Aside OrderLabor Code section 4053Rescind OrderTrial Level
References
Case No. AHM 81069 AHM 81103 AHM 81104
Regular
Jan 14, 2008

SHEILA RAY vs. RALPHS GROCERY COMPANY, SEDGWICK DMS, INC.

The Workers' Compensation Appeals Board granted reconsideration, reversing a prior order that had set aside a 2001 stipulated award. The Board found the judge lacked jurisdiction under Labor Code section 5804 to grant the applicant's petition to set aside the award due to a supposed mutual mistake regarding permanent disability rating. Consequently, the applicant's petitions to set aside the award and to reopen for new and further disability were denied.

WCABRalphs Grocery CompanySedgwick DMSSheila RayReconsiderationStipulated AwardMutual MistakeDisability Evaluation SpecialistPetition to Set AsideJurisdiction
References
Case No. ADJ460837 (VNO 0490198)
Regular
Nov 17, 2008

ROSARIO TRUJILLO, vs. ADECCO STAFFING; CSSC,

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an Order Approving Compromise and Release, which settled applicant Rosario Trujillo's claims for $\$30,000$. The defendant sought to set aside the settlement, arguing a Medicare set-aside analysis used for the settlement was no longer valid at the time of approval. The Board found the defendant made an insufficient showing to set aside the settlement, noting no changed condition had been demonstrated to invalidate the analysis, and that the defendant failed to establish fraud, mutual mistake, duress, or undue influence.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseWCJMedicare Set-Aside AnalysisCoventry Workers' Compensation Servicesgood causefraudmutual mistake of fact
References
Case No. ADJ3753730 (LBO 0386251) ADJ2537615 (LBO 0388280)
Regular
Apr 13, 2020

JOSE CABRERA vs. ALEJANDRO MADRIGAL

This case concerns applicant Jose Cabrera's petition to set aside a Compromise and Release agreement resolving his workers' compensation claims for injuries in 2006. Cabrera argues the agreement should be voided because he continues to suffer injuries and incur medical costs. The Appeals Board found his petition for reconsideration premature, as no evidence or testimony was presented to support his claims of good cause to set aside the settlement. The Board vacated its grant of reconsideration, dismissed the petition, and returned the case to the trial level for a hearing to develop the record on his request to set aside the agreement.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleasePetition to Set AsideGood CauseMutual MistakeFraudDuressUndue InfluenceProcedural Irregularities
References
Case No. MON 0254439
Regular
Aug 12, 2008

LEON ZAMBROWS (Deceased) SANDRA ZAMBROWS (Widow) vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a lower judge's order to set aside a Compromise and Release (C&R) agreement. This decision was based on the applicant's petition to set aside the C&R being filed more than five years after the date of injury, thus precluding the "good cause" standard for rescission. The WCAB remanded the case for further proceedings, noting that the applicant must prove extrinsic fraud to set aside the C&R at this stage, and also acknowledging a potential estoppel issue regarding Liberty Mutual's coverage dates.

Workers' Compensation Appeals BoardSandra ZambrowsSandra Zambrows (Widow)Los Angeles County Office of EducationLiberty Mutual Insurance CompanyPetition for ReconsiderationOrder Setting Aside Compromise & ReleasePetition to Set Aside Compromise & ReleaseMutual Mistake of FactGood Cause
References
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