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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
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. ADJ8189699
Regular
Mar 27, 2013

VERONICA TREJO vs. COUNTY OF LOS ANGELES

This case involves a dispute over a workers' compensation award based on stipulations approved at a mandatory settlement conference where the applicant was not present. The defendant sought to set aside the award, alleging issues with signatures and a "mutual mistake" regarding permanent disability. The Appeals Board denied the applicant's petition for removal, upholding the judge's authority to set aside the award pending further investigation. The Board highlighted serious ethical concerns regarding potential misconduct by both parties in the filing of the stipulations. The case was remanded for a status conference to address signature validity and potential sanctions.

Petition for RemovalOrder Setting Aside AwardStipulations with Request for AwardMandatory Settlement ConferenceAgreed Medical EvaluatorPetition to Set Aside StipulationMutual MistakeFraudDue ProcessEthical Misconduct
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
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. SAC 332776
Regular
Jul 20, 2007

KATHLEEN WIGGINS vs. KAIDER PERMANENTE (PSI)

The Workers' Compensation Appeals Board denied Ms. Wiggins' petition for reconsideration, upholding the administrative law judge's decision. While denying reconsideration, the Board ordered further proceedings at the trial level to determine if the parties' settlement should be set aside due to claims of coercion and due process violations by the applicant. The judge's report stated all communications were with counsel present, and while empathetic to the applicant's concerns, found no grounds to re-open discovery or overturn the settlement at that time.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeStipulations with Request for AwardAgreed Medical EvaluatorPermanent DisabilityCoercionEx Parte CommunicationsDue ProcessSet Aside Settlement
References
Case No. ADJ8308192 ADJ11314956
Regular
Sep 12, 2019

LILY LOPEZ vs. ST PASCHAL BAYLON CATHOLIC CHURCH, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board rescinded the trial judge's decision finding mutual mistake regarding a Medicare Set Aside (MSA) and CMS approval. The Board determined that CMS does not mandate MSA review, negating the finding of mutual mistake. However, due to concerns about the applicant being adequately advised of potential future Medicare benefit impacts without CMS review, the case is returned to the trial level for further proceedings. The applicant's petition for penalties was denied.

Medicare Set AsideMSACMS approvalmutual mistakejudicial errorCompromise and Releasenull and voidPetition to Set Asiderescindedvacated
References
Case No. ADJ16777493
Regular
May 12, 2025

Eduardo Magallon vs. People Ready/True Blue, AIU Insurance

Applicant Eduardo Magallon sought reconsideration of a Findings and Order (F&O) issued on February 19, 2025, which denied his petition to set aside an Order Approving Compromise and Release (C&R) from May 23, 2023. Magallon contended he was unable to make decisions about his claim and that the C&R should be set aside due to fraud, mistake, or duress. The Workers' Compensation Judge (WCJ) found no such grounds, as Magallon admitted understanding the settlement terms and was not coerced. The Appeals Board granted reconsideration solely to clarify that Magallon's petition to set aside the C&R is denied, and otherwise affirmed the F&O.

Workers Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseSet Aside SettlementFraudMistakeDuressGood CauseStipulationsInformation and Assistance Officer
References
Case No. SFO 415581; SFO 345919 SFO 337689; SFO 350054 SFO 310231; SFO 384791 SFO 396440; SFO 396441 SFO 396442; SFO 396443 SFO 398379; SFO 398380 SFO 415580
Regular
Jul 10, 2007

GERALD F. BISORDI vs. SAN FRANCISCO RECYCLING/NORCAL WASTE SYSTEMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, REPUBLIC INDEMNITY COMPANY OF AMERICA

This case involves an applicant seeking to set aside a Compromise and Release agreement for 18 workers' compensation claims. The applicant alleges fraud and lack of proper notification of the agreement's terms. The Workers' Compensation Appeals Board granted reconsideration to return the matter to the trial level to determine service of the agreement, timeliness of the applicant's objection, and good cause to set aside the settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseWCJSan Francisco Recycling/Norcal Waste SystemsCalifornia Insurance Guarantee AssociationRepublic Indemnity Company of AmericaFraudLabor Code Section 132a
References
Case No. ADJ7959239
Regular
Aug 13, 2015

MILO ELANDER vs. MANN PACKING COMPANY, ZURICH NORTH AMERICA INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award in favor of the applicant. Following the grant of reconsideration, the defendant notified the Board that the parties had reached a settlement contingent upon Medicare Set Aside approval. Consequently, the Board rescinded the original award and returned the case to the trial level for submission and potential approval of the parties' Compromise and Release Agreement. If the settlement is not approved, the prior award can be reinstated.

WORKERS' COMPENSATION APPEALS BOARDMILO ELANDERMANN PACKING COMPANYZURICH NORTH AMERICA INSURANCE COMPANYADJ7959239Salinas District OfficeOPINION AND DECISION AFTER RECONSIDERATIONPetition for ReconsiderationFindings and Awardsettlement
References
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