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

Case No. ADJ1273904 (MON 0236591) ADJ164684 (MON 0236590)
Regular
Feb 05, 2020

BETTY BAUER vs. RIP GRIFFIN, CIGA on behalf of HOME INSURANCE COMPANY, in liquidation

This Workers' Compensation Appeals Board (WCAB) decision dismisses a lien claimant's Petition for Removal. The petition was filed after the administrative law judge (WCJ) scheduled trial and denied a continuance request. However, the WCJ subsequently issued an order continuing the matter, rendering the Petition for Removal automatically dismissed. Consequently, the WCAB will not consider the lien claimant's supplemental pleading request.

Petition for RemovalWCJlien claimantautomatically dismissedsupplemental pleadingWorkers' Compensation Appeals BoardCIGAliquidationadministrative law judgetrial
References
Case No. ADJ7180817
Regular
Feb 02, 2018

VICTOR SALGUERO vs. CITY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was filed untimely. The petition was deemed filed on December 12, 2017, which was one day after the jurisdictional deadline of December 11, 2017. This tardiness resulted from the petition being electronically filed after 5:00 PM on the final day for filing. The Board also admonished the defendant's litigation manager for submitting unverified evidence and making unsubstantiated factual assertions.

Petition for ReconsiderationTimelinessDismissalElectronic Adjudication Management SystemEAMSAppeals Board RuleWCJSupplemental PleadingJurisdictionalFindings of Fact
References
Case No. ADJ16491268; ADJ15884384; ADJ16161110; ADJ16161057; ADJ16161093; ADJ15760386; ADJ18891808; ADJ19153721; ADJ16116250
Significant

Steve Hoddinott, et al. vs. Bravo Security Services, Inc.; National Liability Fire Ins. Co., administered by Biberk Business Insurance, et al.

The Appeals Board consolidated five cases involving a dispute over attorney's fees between the current and former attorneys for the applicants, stemming from a law firm sale contract. The Board ordered the attorneys to meet, confer, and file supplemental pleadings to address the resolution of their dispute and jurisdictional issues.

En Banc DecisionAttorney Fee DisputeLaw Firm Sale ContractDisqualification PetitionWCJ DisqualificationLabor Code Section 4906Attorney Fee LienContract RescissionWCAB JurisdictionSupplemental Pleadings
References
Case No. VNO 350783
Regular
Jul 17, 2008

CYNTHIA LOWERY vs. REGENTS, UNIVERSITY OF CALIFORNIA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's decision to obtain a report on a lien claimant's petition. After reviewing the WCJ's report and the record, the WCAB affirmed the original WCJ decision. The lien claimant's petition for reconsideration and request for supplemental pleading were denied.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantWCJ ReportAffirmationSupplemental PleadingCare Center RehabilitationPain ManagementRegents University of CaliforniaSelf-Insured
References
Case No. ADJ7392391
Regular
Sep 21, 2012

JOSE PENA vs. PACIFIC COAST BUILDING, CHARTIS CLAIMS, INC.

The Workers' Compensation Appeals Board (WCAB) has dismissed Jose Pena's petition for removal. The WCAB reviewed the petition and the administrative law judge's report, finding sufficient grounds for dismissal. Pena's supplemental pleading did not alter this decision. Consequently, the petition for removal is officially dismissed.

Petition for RemovalDismissalWorkers' Compensation Appeals BoardAdministrative Law Judge ReportSupplemental PleadingCal. Code Regs.tit. 8§ 10848ADJ7392391Oakland District Office
References
Case No. ADJ3526765 (SAC 0226620)
Regular
May 14, 2012

GARY HORAT vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied Gary Horat's Petition for Reconsideration in the case against the County of Sacramento. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Horat's supplemental pleading was considered but did not alter the decision. Therefore, the Board's order denied the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeDeny ReconsiderationSupplemental PleadingCal. Code Regs. tit. 8§ 10848County of SacramentoGary HoratADJ3526765
References
Case No. ADJ2918788
Regular
Nov 21, 2017

CHERYL BARNETTE-POWELL vs. CALIFORNIA DEPARTMENT OF CORRECTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The Board adopted and incorporated the reasoning of the workers' compensation administrative law judge. Therefore, the applicant's request to have the previous decision reviewed and potentially overturned was unsuccessful. The Board also accepted a supplemental pleading from a lien claimant.

Petition for ReconsiderationWCJ reportAdopt and IncorporateLien claimantSupplemental pleadingAppeals Board Rule 10848Denying petitionWorkers Compensation Appeals BoardCalifornia Department of CorrectionsState Compensation Insurance Fund
References
Case No. ADJ10110441
Regular
May 03, 2017

ERMINIA AMY MASINI PEREZ vs. ROMAN CATHOLIC BISHOP OF SAN JOSE, AND CHURCH MUTUAL INSURANCE CO.

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 is shown, and reconsideration is deemed an inadequate remedy. The Board found that the defendant failed to demonstrate such prejudice or harm, adopting the administrative law judge's reasoning. The Board also accepted the defendant's supplemental pleading.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportSupplemental PleadingExtraordinary RemedyAdministrative Law JudgeADJ10110441
References
Case No. ADJ9997985, ADJ9997986, ADJ10037755
Regular
Apr 10, 2017

DAVID LIVINGSTON vs. SOUTHEAST PERSONNEL LEASING, INC.;, PACKARD CLAIMS ADMINISTRATION;, STATE NATIONAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal filed by the defendant. The WCAB found the petition was untimely because it was filed one day after the 20-day deadline for removal following personal service. This deadline is jurisdictional, and the WCAB cannot consider petitions filed outside this timeframe. Therefore, the petition was dismissed with no request for supplemental pleading granted.

Petition for RemovalUntimely FilingPersonal ServiceWCJ DecisionAppeals Board RuleJurisdictional Time LimitSupplemental PleadingWCAB Rule 10848WCAB Rule 10843WCAB Rule 10507
References
Case No. ADJ8802219
Regular
Jun 27, 2017

ANTHONY ZACHARIA vs. LOWE'S HOME CENTERS, LLC, SEDGWICK

The Workers' Compensation Appeals Board denied the Applicant's Petition for Removal, finding it to be an extraordinary remedy not warranted in this case. The Board determined the Applicant failed to demonstrate substantial prejudice or irreparable harm would result from denial. Furthermore, reconsideration was deemed an adequate remedy should an adverse final decision issue. The Applicant's supplemental pleading was also denied for failing to meet procedural requirements.

Petition for RemovalWorkers' Compensation Appeals BoardWCJSubstantial PrejudiceIrreparable HarmReconsiderationSupplemental PleadingExtraordinary RemedyRule 10848Cal. Code Regs.
References
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