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

Case No. ADJ8164012
Regular
Jul 01, 2013

HOSSEIN MOGHADAM vs. TESORO USA PETROLEUM, COMMERCE & INDUSTRY INSURANCE

This case concerns a $\$ 250$ sanction imposed on applicant's attorney for failing to appear at a hearing. The applicant's attorney sought reconsideration, arguing a misunderstanding of "special appearance." The Appeals Board denied the petition, adopting the WCJ's reasoning and clarifying that a "special appearance" does not excuse an attorney from a hearing, especially when made by opposing counsel. The Board emphasized that only a WCJ can excuse an appearance or grant a continuance, and cautioned the attorney against future rule violations.

Petition for ReconsiderationOrder Imposing SanctionsFailure to AppearSpecial AppearanceWCJApplicant's AttorneyFiduciary DutiesConflict of InterestContinuanceAppeals Board Rule 10843
References
Case No. ADJ10184700
Regular
Nov 29, 2017

JONATHAN PARKER vs. INDY FUEL HOCKEY, GREAT DIVIDE INSURANCE COMPANY

This case involves a defendant insurance company seeking reconsideration of a WCAB decision finding jurisdiction over a professional hockey player's injury claim. The defendant argued the WCAB lacked personal jurisdiction, but the Board denied reconsideration. The defendant waived its objection to personal jurisdiction by failing to timely raise it and instead engaging in discovery and litigating subject matter jurisdiction. Subsequent actions, such as filing a Declaration of Readiness to Proceed and participating in hearings without specifying a special appearance for personal jurisdiction, constituted a general appearance. Therefore, the WCJ's original decision finding jurisdiction was affirmed.

Workers Compensation Appeals BoardIndy Fuel HockeyGreat Divide Insurance CompanyADJ10184700Petition for ReconsiderationPersonal JurisdictionSubject Matter JurisdictionLabor Code 3600.5(a)Labor Code 5301Labor Code 5305
References
Case No. ADJ3609087 (LBO 0392035) ADJ1000696 (LBO 0332475)
Regular
Jul 20, 2017

Katherine Staudt vs. University of California Los Angeles, SEDGWICK CMS

This case involved the dismissal of the applicant's workers' compensation claims by the administrative law judge (WCJ) for failing to personally appear at a mandatory settlement conference. The applicant, represented by counsel who did attend, sought reconsideration, arguing that her attorney's presence satisfied the appearance requirement under Labor Code § 5700. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that while the applicant did not personally appear, her attorney's presence constituted a valid appearance. The WCAB rescinded the dismissal order, emphasizing the legal preference for hearings on the merits over dismissals.

WCABPetition for ReconsiderationOrder Dismissing CaseMandatory Settlement ConferenceApplicant's AppearanceAttorney AppearanceLabor Code Section 5700Section 5404.5Compulsory AppearanceNotice of Intent to Dismiss
References
Case No. ADJ9305498 ADJ9305504
Regular
Oct 03, 2016

IRIS PAUSELIUS vs. ABB CONCISE OPTICAL GROUP

The Workers' Compensation Appeals Board (WCAB) granted applicant Iris Pauselius's petition for removal. This action rescinded a prior order by the workers' compensation administrative law judge (WCJ) requiring the applicant's personal appearance at a status conference, with a threat of dismissal. The WCAB found the WCJ's order inappropriate as applicant's counsel had appeared, and only one of the two cases was calendared. The matter is now returned to the trial level for further proceedings.

Petition for RemovalWorkers' Compensation Appeals BoardWCJApplicant appearanceDismissal of casesRescind orderReturn to trial levelPersonal appearanceCounsel appearanceStatus conference
References
Case No. ADJ7035398
Regular
Mar 10, 2010

ANDREW MERLOS vs. COCA COLA ENTERPRISES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Defendant Coca Cola Enterprises petitioned for removal of a WCJ's order requiring an adjuster to appear in person at trial with settlement authority. Defendant argued the adjuster was in Ontario, travel was costly, settlement authority was present at the MSC, and the order denied due process. The Appeals Board granted removal, finding the order would not facilitate settlement and the expense was unjustified given the parties' positions. The Board amended the order to allow the adjuster to appear by telephone with settlement authority.

Workers' Compensation Appeals BoardPetition for RemovalOrder to AppearSettlement AuthorityMandatory Settlement ConferenceDue ProcessQualified Medical EvaluationPermanent DisabilityTrial AppearanceTelephone Appearance
References
Case No. ADJ8627409
Regular
Feb 18, 2025

PAUL PIUROWSKI vs. DALLAS COWBOYS, ACE AMERICAN INSURANCE COMPANY, MIAMI DOLPHINS, MULTI-LINE CLAIMS SERVICES, INC., TAMPA BAY BANDITS, ZENITH INSURANCE COMPANY, SUMMIT CONSULTING LLC

The Workers' Compensation Appeals Board granted reconsideration regarding a cumulative trauma injury claim filed by Paul Piuroswki. The Board affirmed the WCJ's finding that defendants Tampa Bay Bandits and Associated Industries of Florida Self-Insurers Fund (AIFSIF) waived their personal jurisdiction defense by failing to timely litigate the issue over nearly two years while participating in the trial on the merits. However, the Board deferred the entry of an award. Further proceedings are required to determine the proper liable entity or entities and resolve issues related to insurance coverage under Labor Code section 5500.5.

Workers CompensationPersonal JurisdictionWaiverGeneral AppearanceSpecial AppearanceNotice of AppearancePetition for ReconsiderationFindings and AwardLabor Code Section 5500.5Insurance Coverage
References
Case No. ADJ10204439
Regular
Sep 02, 2016

JEFF SMITH vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board denied the County of Riverside's petition for reconsideration. The Board found that Deputy Sheriff Jeff Smith's injury, sustained en route to mandatory employer-ordered training, fell under the "special mission" exception to the "going and coming rule." The training's deviation in location, time, and nature from Smith's regular duties satisfied the three-part test for a special mission. Therefore, Smith's injury was deemed to have arisen out of and occurred in the course of employment.

going and coming rulespecial mission exceptionspecial errand exceptionDeputy Sherifftraffic investigation classBen Clark Training Centermotor vehicle accidentcourse of employmentroutine dutiesemployer's benefit
References
Case No. ADJ8922246; ADJ8975177
Regular
Jul 24, 2015

MARK WILLIAMS vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL, ULTRA VINYL SYSTEMS, INC., TRAVELERS

The Workers' Compensation Appeals Board denied the petitioner's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The Board found that the petitioner failed to demonstrate such harm, nor that reconsideration would be an inadequate remedy. The judge's report, adopted by the Board, cited a history of attorney non-appearance and lack of justification for requested fees as reasons for withholding attorney fees pending a hearing.

WCABPetition for RemovalSubstantial PrejudiceIrreparable HarmReconsiderationAttorney FeesCompromise and ReleaseWCJVenueApplicant Attorney
References
Case No. ADJ10232182
Regular
Jul 07, 2017

JOSE SAENZ vs. WILLIAM STOESSER, CLAIRE WERNER, REBECCA B. PISCITELLI 2012 SPECIAL TRUST DATED 12/21/2012, ADAM W. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, BENJAMIN C. BUCK 2012 SPECIAL TRUST Dated 12/21/2012, STATE FARM INSURANCE

This case involves a workers' compensation claim where the applicant, Jose Saenz, was injured on April 10, 2015. State Farm sought reconsideration of an arbitrator's finding that four of its insurance policies provided coverage. The Appeals Board granted reconsideration, finding the arbitrator's coverage determination premature. The Board rescinded the prior order and returned the matter to the trial level for a determination of who constitutes the applicant's employer(s) before insurance coverage issues can be addressed.

Workers Compensation Appeals BoardPetitions for ReconsiderationDecision After ReconsiderationWilliam StoesserClaire WernerRebecca B. Piscitelli 2012 Special TrustAdam W. Buck 2012 Special TrustBenjamin C. Buck 2012 Special TrustState Farm InsuranceHomeowner's Policy
References
Case No. ADJ8556609
Regular
Jul 01, 2018

LUIS ROBLES vs. THE ESTATE OF VICKY BLEAZARD, dba BLEAZARD COMPANY, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The WCAB granted the applicant's petition for removal, reversing the WCJ's decision that denied joinder of the employer's estate and the Uninsured Employers Benefits Trust Fund (UEBTF). The Board clarified that Labor Code § 5306 permits workers' compensation claims against a deceased uninsured employer's estate, irrespective of probate presentation. Furthermore, the Board found UEBTF properly joined due to the Estate's general appearance and service of a special notice of lawsuit. Consequently, the case is returned for further proceedings with both the Estate and UEBTF joined as defendants.

Workers Compensation Appeals BoardPetition for RemovalEstate of Vicky BleazardUninsured Employers Benefits Trust FundLabor Code § 3715Labor Code § 5306general appearancespecial notice of lawsuitprobate courtstatute of limitations
References
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