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

Case No. ADJ2569930 (OAK 0314153)
Regular
Aug 25, 2011

LOUIS DOBERT vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to stay workers' compensation proceedings pending the outcome of criminal fraud charges against the applicant. The WCAB agreed with the administrative law judge that a stay was not warranted given the applicant's presumption of innocence and the lack of probable cause shown. The WCAB emphasized that if convicted, benefits could be denied and restitution sought, but a stay would unnecessarily delay claims if acquitted, contrary to constitutional mandates for swift justice.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalStay of ProceedingsCriminal ProceedingsWorkers' Compensation FraudInsurance FraudGrand TheftAttempted PerjuryPresumption of Innocence
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ7921523
Regular
Apr 13, 2017

CARMEN AGUIRRE vs. COUNTY OF LOS ANGELES

In this case, lien claimants Landmark Medical Management and PharmaFinance sought removal of a WCJ's order staying all proceedings on their lien claims pending further court order. The WCJ based the stay on criminal indictments against individuals allegedly associated with the lien claimants, under Labor Code section 4615, which automatically stays liens filed by or on behalf of an indicted provider. However, the Appeals Board granted removal, rescinded the stay, and returned the matter for further proceedings. This was because the record lacked sufficient evidence to establish the indicted individual's specific connection to the liens or whether the liens were filed "on behalf of" the indicted person, as required by section 4615.

Removal PetitionLien ClaimantsCriminal IndictmentLabor Code 4615Automatic StayWorkers Compensation FraudPetition for StayWCJ OrderSubstantial PrejudiceIrreparable Harm
References
Case No. ADJ9447602
Regular
Aug 28, 2018

SANDRA SAUCEDO vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's challenge to a prior order regarding the stay of Mesa Pharmacy's lien. Due to the complexity of issues surrounding Mesa Pharmacy's ownership and alleged criminal connections, and to prevent inconsistent rulings, over 19,000 cases, including this one, were consolidated for efficient adjudication. The Board rescinded the prior finding regarding Mesa's lien, allowing it to be heard within the consolidated proceedings, while affirming the decision concerning another lienholder.

WCABPetition for ReconsiderationFindings of Fact and OrderLabor Code Section 4615Stay of LienOrder of ConsolidationMesa PharmacyJohn GarbinoCriminal ProceedingsWCJ William Gunn
References
Case No. ADJ8861723
Regular
Aug 27, 2018

ARACELI FLORES vs. VALLARTA SUPERMARKETS/SANTA ISABEL ENTERPRISES, CLAREDON INSURANCE

Lien claimant Mesa Pharmacy sought removal of a WCJ's order that deferred the critical issue of whether its lien was stayed under Labor Code § 4615. Mesa argued this denial of due process and prejudicially delayed adjudication of its lien. The Appeals Board granted removal, rescinded the WCJ's findings, and returned the matter for proceedings consistent with a prior consolidation order. This consolidation addressed common issues regarding Mesa Pharmacy's liens and potential stays under § 4615 due to criminal proceedings against related parties.

Petition for RemovalLien ClaimantLabor Code Section 4615Stayed LienCriminally Charged ProviderDue ProcessConsolidated CasesMaster FileWCJOrder of Consolidation
References
Case No. SRO 111817
Regular
Aug 18, 2008

Pedro Orantes vs. First Dodge Marin, Sonic Automotive

The Workers' Compensation Appeals Board (WCAB) granted applicant's petition for removal, rescinding the trial judge's order to cancel a hearing on a Labor Code section 132a discrimination claim. The WCAB found that a superior court's order compelling arbitration and staying WCAB proceedings was invalid due to lack of jurisdiction. The superior court cannot enjoin or interfere with the WCAB's proceedings. Therefore, the case is returned to the trial level for further proceedings on the applicant's discrimination claim.

Workers' Compensation Appeals BoardLabor Code Section 132aPetition for RemovalArbitrationSuperior Court OrderJurisdictionStay of ProceedingsDiscrimination ClaimPermanent DisabilityReinstatement
References
Case No. ADJ3543960 (LAO 0789656) ADJ1691548 (LAO 0789657)
Regular
Mar 17, 2017

Patricia Soto vs. Mayfair Plastics, California Insurance Guarantee Association, INTERCARE INSURANCE SERVICES, Pacific National Insurance Company, Highlands Insurance Company

This case involves CIGA's petition for removal after a workers' compensation judge stayed CIGA's contribution claim against Highlands Insurance Company, which is in Texas receivership. The Appeals Board granted removal, rescinded the stay, and returned the matter for further proceedings. The Board found the judge lacked jurisdiction to stay the petition based solely on Texas law without determining if Texas is a "reciprocal state" under the Uniform Insurers Liquidation Act. The Board's review indicated Texas law meets some, but not all, UILA criteria for reciprocal status, leaving the issue unresolved.

CIGAHighlands Insurance CompanyUniform Insurers Liquidation ActUILAreciprocal statereceivershipliquidationPetition for ContributionPetition for Removalstay of proceedings
References
Case No. ADJ7860537
Regular
May 05, 2017

RICKY MCNEILL vs. MARINA SHIPYARD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order approving a settlement for a medical lien. The defendant argued the lien claimant's provider was indicted for fraud, triggering an automatic stay under Labor Code section 4615. The WCAB found the petition timely and, absent contrary evidence, rescinded the order to allow the trial judge to determine if the stay applies. The matter was returned for further proceedings on the applicability of the statutory stay.

Workers Compensation Appeals BoardPetition for ReconsiderationStipulation and Order to Pay Lien ClaimLabor Code Section 4615Automatic StayIndictment for FraudVoid OrderTimeliness of PetitionWCAB Rule 10507Rescind Order
References
Case No. ADJ2975271 (OXN 0141978)
Regular
Feb 09, 2018

BAUDELIO CHAVARRIA vs. AMERICAN LANDSCAPE, INC., BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted a petition for removal, rescinding a July 1, 2015, order that stayed proceedings on lien claims filed by Landmark Medical Management. This rescission was based on a conflict with a prior, overarching stay order issued on May 14, 2015, in a consolidated matter. The Board found that the earlier stay order takes precedence and ordered this matter consolidated with the previously stayed cases pending before WCJ Devine.

Petition for RemovalSupplemental Minute OrderLien ClaimsCriminal IndictmentsCivil ComplaintConflicting Stay OrderPrior Stay OrderRescindedAppeals BoardConsolidation
References
Case No. ADJ3943590 (VNO 0461036) ADJ1810963 (VNO 0460145) ADJ2777728 (VNO 0460141) ADJ2261984 (VNO 0460210) ADJ3499402 (VNO 0461040)
Regular
May 28, 2009

CARMEN AMAYA vs. C.A.R. ENTERPRISES, INC., TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Travelers Insurance's petition for reconsideration. The petition sought to set aside stipulations and orders approving the settlement of lien claims, arguing the settlements were made in error due to a stay of proceedings. However, the WCAB found the petition procedurally defective for failing to meet the verification requirement. Even if the petition had been properly verified, the WCAB would have denied it, as a unilateral mistake is insufficient grounds to set aside stipulations and the alleged stay was unsubstantiated.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalVerification RequirementLabor Code Section 5902Stipulations and OrdersLien ClaimantsMalibu Billing ServicesMedical Transorg Inc.Unilateral Mistake
References
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