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Case Law Database

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

Case No. ADJ4639631 (MON 0327478)
Regular
Nov 08, 2012

MARY JONES vs. UCLA MEDICAL CENTER, SEDGWICK, CMS

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, finding that the judge improperly continued the case to trial after a status conference without defendant's agreement. The Board rescinded the judge's order, stating that a mandatory settlement conference (MSC) is required after a status conference unless parties agree otherwise. The case is returned for further proceedings, including setting a new MSC, with discovery remaining open to allow the defendant to complete its investigation.

Petition for RemovalWCJStatus ConferenceMandatory Settlement ConferenceDiscoveryOff CalendarLabor Code Section 5502(e)(3)WCAB Rule 10301(dd)Pretrial Conference StatementDeclarations of Readiness to Proceed
References
Case No. ADJ542950
Regular
May 12, 2009

LANCE TURNER vs. ALL PAYMENT SERVICES, AIG

This case concerns two petitions for removal filed by the applicant, Lance Turner, against All Payment Services and AIG. Turner sought to close discovery at a mandatory settlement conference and obtain a protective order against the defendant's discovery efforts. The Appeals Board denied both petitions, finding the WCJ's reasoning sound. However, the Board recommended a status conference to address discovery disputes and expedite the case towards trial.

Workers' Compensation Appeals BoardPetition for RemovalMandatory Settlement ConferenceDiscoveryProtective OrderWCJOff Calendar StatusStatus ConferenceDepositionTrial Level
References
Case No. ADJ4398425 (LAO 0875977) ADJ1647933 (LAO 0867627)
Regular
Jul 21, 2010

PHYLLIS MOSS vs. PriceWaterhouseCoopers, LLP, Chubb Services Corporation

This case involves a dispute over a mandatory settlement conference (MSC) where both parties claim the other was absent or improperly handled the proceedings. The Appeals Board granted removal due to conflicting records and confusing circumstances surrounding the MSC and a subsequent trial setting. The Board found the WCJ erred by setting the matter for trial after issuing an order taking it off calendar, despite conflicting accounts of attorney appearances. Consequently, the scheduled trial was converted to a status conference for further proceedings.

Petition for removalMandatory settlement conferenceOrder off calendarMinutes of HearingPre-Trial Conference StatementAgreed Medical Evaluator (AME)Status conferenceRemandedWCJWCAB
References
Case No. ADJ803080 (LBO 0386412)
Regular
Mar 16, 2009

ANDRES SANCHEZ JUARES (Dec'd.), EVER REYES CARILLO (App.) vs. FANG CLOTHING, INC., INSURANCE COMPANY OF THE WEST GROUP/EXPLORER

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration from an insurer but granted removal of the case. The WCAB found that the administrative law judge (ALJ) improperly scheduled a trial conference when a status conference was requested to address discovery issues. This procedural error would cause prejudice and irreparable harm by forcing parties to trial prematurely without adequate discovery or settlement opportunity. Consequently, the WCAB rescinded the ALJ's order and returned the case for further proceedings.

Workers' Compensation Appeals BoardReconsiderationRemovalStatus ConferenceMandatory Settlement ConferenceLabor Code Section 5502Declaration of ReadinessPre-trial Conference StatementDiscovery IssuesStipulations
References
Case No. ADJ659082 (VNO 0320883) ADJ1 865687 (VNO 0550954) ADJ2289733 (VNO 0554994) ADJ3119126 (VNO 0554995) ADJ4554289 (VNO 0554996)
Regular
Mar 01, 2016

EVERARDO RODRIGUEZ vs. THE STANLEY WORKS/HOME DÉCOR; TRAVELERS

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration would be inadequate. The Board found, adopting the WCJ's reasoning, that the defendant failed to demonstrate such prejudice. The WCJ clarified that continuing the matter to another priority conference, which is a type of status conference, did not cause harm as the defendant's request for a "normal status conference" was essentially granted.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationPriority ConferenceStatus ConferenceAdministrative Law JudgeDiscoveryMaterial Handler
References
Case No. ADJ845033 (VNO 0407336) ADJ1911914 (VNO 0412063) ADJ1461680 (VNO 0338656) ADJ2866384 (VNO 0338654) ADJ451885 (MON 0224886) ADJ1364506 (VNO 0407335) ADJ2640142 (VNO 0407334) ADJ1480083 (MON 0264343)
Regular
Apr 04, 2012

DONALD RENETZKY vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for removal concerning potential discovery closure under Labor Code section 5502(e)(3). The defendant argues prejudice due to unresolved discovery issues related to applicant's home health care services claim, particularly regarding an increase in prescribed hours. The Appeals Board granted removal, deeming the prior conference a status/discovery conference. This allows for completion of discovery to facilitate a just resolution and prevent prejudice to the defendant.

Petition for RemovalDiscovery ClosureLabor Code Section 5502(e)(3)Pretrial Conference StatementMandatory Settlement ConferenceHome Health Care ServicesAgreed Medical ExaminerTreating PhysicianHome Health Care EvaluatorDeposition
References
Case No. ADJ10302342 ADJ10302315
Regular
Oct 19, 2016

ANGELICA GOMEZ vs. BEST WESTERN NEWPORT MESA INN, EMPLOYERS COMPSENATION, AMTRUST NORTH AMERICA

The Appeals Board denied the defendant's petition for removal, finding no substantial prejudice or irreparable harm from the WCJ's decision to cancel a settlement conference and schedule a status conference. The defendant contested this, believing the cancellation was unnecessary and the status conference inappropriate. The WCJ recommended denial, stating the defendant failed to demonstrate the required prejudice. The Board agreed, concluding the WCJ's actions were reasonable for resolving a dispute over attorney deposition fees.

Petition for RemovalWCJMandatory Settlement ConferenceStatus ConferenceDeclaration of ReadinessLabor Code section 5710deposition feessubstantial prejudiceirreparable harmWCAB
References
Case No. ADJ1906750 (OAK 0339121) ADJ7499032
Regular
Aug 15, 2013

MARY FISHER vs. MET LIFE INSURANCE, NATIONAL UNION FIRE INSURANCE COMPANY

The Appeals Board granted the applicant's Petition for Removal to rescind the WCJ's order closing discovery and continuing the case to trial. The WCJ erred by converting a status conference into a mandatory settlement conference without adequate notice to the applicant, thereby unfairly precluding her from obtaining a required vocational expert report. Since the applicant did not expect discovery to close at the initial status conference, the Appeals Board returned the matter for a proper MSC and further proceedings.

Petition for RemovalVocational expert reportMandatory Settlement ConferenceDiscovery closureIndustrial injuryLabor Code section 5502(d)(3)Grupe Company v. Workers' Comp. Appeals Bd.Labor Code section 5703(j)Due diligenceStatus conference
References
Case No. ADJ7763837
Regular
Jun 27, 2012

ANTHONY DORSETT vs. DENVER BRONCOS, DALLAS COWBOYS

The Denver Broncos petitioned to remove a workers' compensation case, arguing a prior settlement (ADJ4142902) barred the current claim (ADJ7763837) under res judicata. However, the Board denied the petition because the defendant failed to produce evidence of the prior settlement during discovery, preventing them from proving their claim. Therefore, the administrative law judge correctly continued the case to a status conference. The Board affirmed the ALJ's decision, denying the defendant's petition for removal.

Petition for RemovalRes JudicataCompromise and ReleaseDuplicative ClaimAdministrative Law JudgeAppeals BoardPrior ClaimIndustrial InjuryProfessional Football PlayerMandatory Settlement Conference
References
Case No. ADJ7397148
Regular
Oct 15, 2013

JAVIER RODRIGUEZ vs. EMPLOYERS DEPOT, INC.

The Workers' Compensation Appeals Board denied Javier Rodriguez's Petition for Reconsideration. Rodriguez alleged inadequate notice of a lien conference, claiming the hearing was improperly converted from a status conference. The Board adopted the WCJ's report, which found the hearing was automatically deemed a lien conference by regulation, requiring payment of a lien activation fee. The underlying case was previously resolved by a Compromise and Release.

Petition for ReconsiderationOrder DenyingCompromise and ReleaseLien ConferenceStatus ConferenceLien Activation FeeLabor Code §4903.06Cal. Code. Regs. §10770.1Declaration of ReadinessVenue
References
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