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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ7934571
Regular
Dec 03, 2014

NANCY GREYSON vs. TUCALOTA SPRINGS RV PARK, CARL WARREN & COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration. The Board adopted the Administrative Law Judge's report, finding the applicant sustained a continuous trauma injury AOE/COE. The defendant's arguments regarding continuous trauma versus specific injury and the AME's findings were rejected. Additionally, the Board ordered defense counsel to comply with WCAB Rule 10550 regarding proper identification of parties, as the defendant's identity was unclear throughout the proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCAB Rule 10550Defense CounselSubstitution of CounselMinutes of HearingApplicant IdentityDefendant IdentityAdministrative Law JudgeInjury AOE/COE
References
Case No. ADJ9124369
Regular
Oct 14, 2016

OSWALDO URQUIZA vs. EL MEXICALY CAFÉ 2, ILLINOIS MIDWEST INSURANCE AGENCY on behalf of PROCENTURY INSURANCE COMPANY

This case involves a lien claimant, Diamond Orthopedic Services, seeking reconsideration of their dismissed lien. The lien was dismissed by the WCJ after the claimant failed to appear at a lien conference and did not object to a Notice of Intention to Dismiss (NIT). The Board denied reconsideration, finding the claimant’s explanation for missing the conference was insufficient and that the claimant was properly served with the NIT, as their counsel had not yet filed a formal substitution. Furthermore, the claimant's petition for reconsideration was improperly served.

Lien ClaimantPetition for ReconsiderationOrder Dismissing Lien ClaimNotice of Intention to DismissLien ConferenceGood CauseFailure to AppearProper ServiceSubstitution of CounselLabor Code Section 5905
References
Case No. ADJ10482874
Regular
Jan 26, 2019

ELIZABETH LEWIS vs. BLUE APRON, INC, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted applicant Elizabeth Lewis's Petition for Removal, rescinding an administrative law judge's order that set the case for trial and closed discovery. The WCAB found that applicant would suffer substantial prejudice and irreparable harm because her counsel, recently substituted, inadvertently failed to object to the Declaration of Readiness to Proceed. This failure, coupled with the apparent need for further discovery, justified the extraordinary remedy of removal, returning the matter to the judge for further proceedings.

Petition for RemovalDeclaration of Readiness to ProceedSubstitution of CounselInadvertent Failure to ObjectSubstantial PrejudiceIrreparable HarmMedical Record DevelopmentFurther DiscoveryOrder RescindedWorkers' Compensation Appeals Board
References
Case No. AHM 0109985
Regular
Aug 04, 2008

JOSE PERDOMO vs. ABC SUPPLY COMPANY, INC., ESIS

This case involves a dispute over a deposition scheduled by applicant's counsel, which defense counsel claims was erroneously set and misrepresented. The defendant sought removal of an order that took the case off calendar, alleging prejudice from applicant's counsel's representations. The Appeals Board granted removal, rescinded the off-calendar order, and returned the matter to the trial level to determine the conflicting factual claims regarding the deposition.

Petition for RemovalOrder Taking Off CalendarAppirionWCJDepositionApplicant CounselDefense CounselVerified AnswerReport and RecommendationTrial Level
References
Case No. ADJ6733950
Regular
Jul 25, 2012

ANTHONY AVILA vs. MARK EVERETTE DRYWALL CO., EVEREST NATIONAL INSURANCE CO., AMERICAN CLAIMS MANAGEMENT

This case concerns an applicant's Petition for Reconsideration of a dismissal order. The applicant argues his due process rights were violated because the dismissal for failure to appear was improper since his counsel was present at trial dates. The Appeals Board found that as the applicant was represented by counsel at trial, dismissal was erroneous. The Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level, also noting the unresolved request for counsel to withdraw.

Petition for ReconsiderationOrder Dismissing CaseWCJdue processMandatory Settlement ConferencetrialMinutes of Hearingrelieved as counselNotice of Intention to Dismiss Casefailure to appear
References
Case No. SAU2545427; ADJ2545427 (LBO 0358993)
Regular
Aug 25, 2025

YOLANDA SABLAN vs. COUNTY OF LOS ANGELES, ACCLAMATION SANTA CLARITA

State Compensation Insurance Fund (SCIF) sought reconsideration of an order appointing it and Travelers Property Casualty Company of America as joint liaison counsel in a consolidated workers' compensation proceeding. SCIF argued it had minimal lien involvement and lacked statutory authority for the role, citing conflicts with state law. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding SCIF failed to provide evidentiary support for its claims and affirming that SCIF, like any other insurer, has the duty and authority to act as liaison counsel to defend against potentially fraudulent liens. The Board also reaffirmed its jurisdiction to appoint liaison counsel under WCAB Rule 10396, dismissing SCIF's petition for removal and denying its petition for reconsideration.

Liaison CounselJoint Liaison CounselPetition for ReconsiderationWCAB Rule 10396Labor Code Section 5909Consolidated ProceedingLien ClaimantsSCIF AuthorityAnti-Fraud UnitRemoval
References
Case No. ADJ7646278
Regular
May 25, 2012

KIRK ALVARADO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE COMPANY

Former applicant's counsel sought reconsideration of an arbitrator's order requiring them to pay $525.00 to reimburse the defendant for a failed deposition. The arbitrator based the order on a "fair balance" rather than bad faith, believing the defense was ready to proceed. However, the Appeals Board granted reconsideration, rescinding the cost order. The Board found that miscommunication between the applicant and his attorney, not counsel's fault, caused the deposition's failure.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationFailed DepositionReimbursement of CostsLabor Code Section 5811MiscommunicationApplicant's CounselDefense CounselAward of Costs
References
Case No. ADJ8070046, ADJ10519001
Regular
Jun 11, 2018

LASHAWN WILLIAMS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involved sanctions imposed on applicant's attorney for verbally abusing opposing counsel. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reducing the sanctions from $750 to $500 because the WCJ improperly cited prior misconduct not included in the notice. The WCAB affirmed the award of $193.75 in costs, finding it reasonable for defense counsel's time spent addressing the incident. The attorney's petition for disqualification of the WCJ was denied, as the allegations were untimely, unsubstantiated, and based on general adverse rulings rather than actual bias.

Workers' Compensation Appeals BoardSanctionsReconsiderationDisqualificationWCJApplicant's CounselDefense CounselMandatory Settlement ConferenceVerbal AbuseCosts
References
Case No. ADJ9799351
Regular
Oct 04, 2016

NERY BETSABE CASTANEDA GUZMAN vs. CEDARLANE NATURAL FOODS, SENTRY INSURANCE

The applicant's petition for reconsideration of the dismissal of case ADJ9799351 is denied due to repeated failure to appear at depositions and a conference, even after a notice of intention to dismiss was issued. The applicant's contention that this dismissal also affected cases ADJ10273840 and ADJ10273841 is rejected, as those cases are distinct and pending in a different district office. Therefore, the appeals board dismissed the petition for reconsideration regarding ADJ10273840 and ADJ10273841 and denied it for ADJ9799351.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing CaseWCJNotice of Intention to DismissFailure to AppearDepositionsPriority ConferenceGood CauseCommunication Issues
References
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