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

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
0
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 The Appeals Board granted the petition, rescinded the prior order, and remanded the case to a new judge to determine if the settlement should be set aside.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
0
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
2
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
8
Case No. MISSING
Regular Panel Decision

Levitt v. Board of Collective Bargaining

The City of New York promulgated Personnel Policy and Procedure Bulletin number 401-86, requiring city employees to disclose and repay debts as a condition for appointment or promotion. Three unions challenged this policy before the Board of Collective Bargaining, asserting it constituted an improper labor practice as it unilaterally changed terms of employment without collective bargaining. The Board sided with the unions, ruling the city had acted improperly. The City then petitioned the court to set aside the Board's determination. The court granted the City's petition, finding the Board's decision unreasonable and arbitrary, concluding that the policy concerned management's fundamental right to set employee qualifications and maintain integrity, and was therefore exempt from mandatory collective bargaining. The court also critiqued the Board's balancing test regarding employee privacy rights.

Improper Labor PracticeCollective BargainingManagerial PrerogativeDebt CollectionEmployee QualificationsPublic EmployeesPrivacy RightsAdministrative CodeJudicial ReviewPERB
References
17
Case No. MISSING
Regular Panel Decision

C&D TECHNOLOGIES, INC. v. International Ass'n of Heat and Frost Insulators & Asbestos Workers

This case involves cross-motions to vacate and confirm a labor arbitration award. Plaintiff C & D Technologies sought to set aside an award where Arbitrator Sheila Cole found the company violated its collective bargaining agreement by changing the "six week average" pay calculation. Defendant Local sought to confirm the award. The District Court, presided over by Judge McMahon, reviewed whether the arbitrator exceeded her powers under the Federal Arbitration Act, Section 10(a)(4). The court found that the arbitrator did not exceed her powers, properly interpreted the ambiguous contract language, and her decision was rational. Consequently, the court denied the motion to set aside, granted the cross-motion to confirm the arbitration award, and dismissed the petition.

ArbitrationCollective Bargaining AgreementLabor DisputeFederal Arbitration ActContract InterpretationManifest Disregard for LawVacaturConfirmation of AwardSix Week Average PayWage Calculation
References
7
Case No. ADJ7793819 ADJ8527743 ADJ7742174
Regular
Jun 06, 2013

EVERETT JOHNSON vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, CORVEL

The Board dismissed the defendant's Petition for Reconsideration as moot because the order sought to be reconsidered was rescinded pending a decision on the applicant's petition to set aside the Compromise and Release. The defendant's Petition for Removal was also denied as they were not currently aggrieved. The matter is returned to the WCJ to hear and rule on the applicant's Petition to Set Aside Order Approving Compromise and Release. The defendant may seek reconsideration after a final order on the settlement is issued.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and Releaseattorney feesWCJset aside ordermisrepresentationfraudcumulative trauma
References
0
Case No. ADJ3213659
Regular
Mar 08, 2018

HORTENCIA BRAVO vs. MATRIX PERSONNEL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of a stipulation settling a lien claim. The defendant argued the stipulation should be set aside due to evidence suggesting the lien claimant was dissolved and the tax identification number belonged to a different entity, Pinnacle Lien Services. However, the WCAB found the petition premature as no evidentiary hearing was held to determine "good cause" for setting aside the stipulation. The case was returned to the WCJ to treat the petition as one to set aside and hold a hearing allowing all parties to present evidence.

Petition for ReconsiderationStipulation and OrderLien ClaimantWCJLabor Code Section 4903.8Tax Identification NumberDissolutionAssignmentDeclaration of Readiness to ProceedGood Cause
References
18
Case No. LAO 0827498
Regular
Jun 09, 2008

JUAN C. FUENTES vs. J & J SNACK FOODS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration regarding stipulations to pay lien claimants. The Board found that the defendant's petition was not properly filed as a petition for reconsideration but rather as a petition to set aside the stipulations. The case is returned to the trial level for the WCJ to address the petition to set aside.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulations and OrdersLien ClaimantsPremier Medical Management SystemsOrder of Consolidation and StayMisrepresentation of FactPetition to Set AsideLabor Code Section 5903County of Sacramento v. Workers' Comp. Appeals Bd. (Weatherall)
References
1
Case No. ADJ8008163 ADJ9898937 ADJ9139955
Regular
Sep 06, 2016

Bruce Shannon vs. SANTA CLARA VALLEY TRANSPORTATION AGENCY

The Workers' Compensation Appeals Board dismissed Bruce Shannon's petition for reconsideration of three Compromise and Release Orders. The petition was deemed skeletal, lacking specific grounds, facts, and legal arguments to justify reconsideration. The Board treated Shannon's subsequent ex parte application as a petition to set aside the original orders, which should first be heard by the Workers' Compensation Judge. Until a decision is made on the petition to set aside, the Board dismissed the petition for reconsideration as premature.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAdministrative JudgePro PerEx Parte ApplicationRescinding OrdersInadequate SettlementLabor CodeElectronic Adjudication Management System
References
1
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