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

Case No. ADJ10612569
Regular
Mar 12, 2018

Patrick Wilder vs. The Ryan Company, Old Republic Insurance Company

This case concerns a defendant's petition for reconsideration of an award of temporary total disability (TTD) benefits to the applicant, Patrick Wilder. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the finding that Wilder sustained an injury to his left ankle and was temporarily totally disabled. The defendant failed to prove that Wilder was terminated for cause, which would have potentially ended his TTD benefits, and the WCAB found no credible evidence to support their allegations of misconduct or availability of modified duty. The WCAB also admonished the defendant and their counsel for making unsubstantiated factual claims in their petition, warning of potential sanctions.

Workers Compensation Appeals BoardPatrick WilderThe Ryan CompanyOld Republic Insurance CompanyGallagher Bassett ServicesInc.ADJ10612569Bakersfield District OfficePetition for ReconsiderationFindings Orders and Award
References
Case No. ADJ3679561
Regular
Oct 17, 2017

John Duran vs. Sunquest Builders, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal filed by applicant's attorney, Roger Kampf, due to its withdrawal. Mr. Kampf acknowledged the petition contained inaccurate information. The WCAB admonished Mr. Kampf for filing a pleading with false or misleading statements, warning of potential sanctions for future similar conduct. The Board formally dismissed the Petition for Removal.

Petition for RemovalPetition for DisqualificationWithdraws PetitionInaccurate InformationFalse StatementsMisleading StatementsMisrepresentations of FactLabor Code section 5813Appeals Board 10561(b)(5)(A)Admonishment
References
Case No. ADJ7805840 ADJ7543597
Regular
Jun 16, 2016

DIANA MUNIZ vs. EDWARD CHEN, M.D., THE HARTFORD INSURANCE COMPANY OF THE MIDWEST

The Workers' Compensation Appeals Board (WCAB) is imposing a $1,000 sanction against lien claimant Jalil Rashti, M.D., his representative Willard Sexton, and MJR Management Services. These parties are being sanctioned for filing a petition for reconsideration containing false, misleading, or baseless statements and for failing to follow the Board's explicit instructions on how to file objections. Their attempt to object was deemed invalid because it was misfiled and lacked specific factual basis to counter the Board's intention to sanction them. Ultimately, their repeated arguments and failure to grasp legal requirements demonstrated bad faith tactics.

Workers' Compensation Appeals BoardRemovalSanctionsLabor Code Section 5813WCAB Rule 10561Lien ClaimantLien RepresentativeMJR Management ServicesFalse StatementsMisleading Statements
References
Case No. ADJ738549 (VNO 0522332)
Regular
Dec 17, 2012

JOSE RAMIREZ vs. PEDRO ALARCON, dba ALARCON IMPORTS \u0026 EXPORTS, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jose Ramirez's petition for reconsideration because it was not verified as required by Labor Code section 5902. Had the petition been verified, the WCAB would have denied it on the merits based on the administrative law judge's report, which found the applicant's credibility to be highly persuasive. Furthermore, the WCAB ordered the uninsured employer, Pedro Alarcon, to provide a verified statement of employee numbers as per Labor Code sections 3722(d) and (e) to determine applicable penalties. The WCAB also noted the employer had not secured workers' compensation insurance.

Petition for ReconsiderationVerified StatementLabor Code section 5902Uninsured EmployerWorkers' Compensation Appeals BoardReport and RecommendationWCJCredibilityLabor Code section 3722(d)Labor Code section 3722(e)
References
Case No. ADJ11532009
Regular
Aug 06, 2019

RIGOBERTO MONTOYA, vs. GRAEBEL VAN-LINES HOLDINGS, LLC, ARCH INSURANCE COMPANY, ONE BEACON, BRENTWOOD SERVICE ADMINISTRATORS, INC., GALLAGHER BASSETT

Defendant Arch Insurance sought removal of a trial setting order, claiming irreparable harm due to incomplete discovery, specifically the applicant's refusal to provide a Social Security earnings release. The Appeals Board denied the petition, finding that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board noted that the issues of employment, coverage, and the need for the earnings statement are still before the Workers' Compensation Judge. Consequently, the petition was denied, and the WCJ was advised to potentially convert the trial to a priority conference to address discovery.

Petition for RemovalWorkers' Compensation Appeals BoardWCJMinute OrderDiscoveryIrreparable HarmApplication for AdjudicationIndustrial CausationEmploymentCoverage
References
Case No. ADJ7682426
Regular
Sep 17, 2012

LISA GHERLONE vs. RIO VISTA CHEVROLET, INSURANCE COMPANY OF THE WEST

This case concerns applicant Lisa Gherlone's claim for workers' compensation benefits for a neck injury allegedly sustained while pulling a file drawer. The Workers' Compensation Appeals Board (WCAB) denied Gherlone's petition for reconsideration of the judge's finding of no injury arising out of and in the course of employment (AOE/COE). The WCJ found Gherlone not credible due to inconsistencies in her medical reports and her sworn statement on an EDD claim form that her injury was not work-related and that she did not intend to file a workers' comp claim. The WCAB adopted the WCJ's report and recommendations, affording great weight to the credibility findings.

AOE/COEPetition for ReconsiderationWCJ credibilityEDD Claim StatementControllerneck injuryfile drawerparasthesiaeradiating painDr. Hutchinson
References
Case No. ADJ7474686
Regular
Apr 28, 2011

RONALD DENTON vs. DEPARTMENT OF FORESTRY, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the applicant's petition for removal, rescinding a prior order that allowed the applicant's deposition before receiving defendant's witness statements. Applicant claimed prejudice from this sequence, while defendant asserted attorney-client privilege over the statements. The Board adopted the WCJ's recommendation, returning the matter to the trial level for further proceedings and record development. The Board also noted the initial lack of documentation for the disputed order and potential sanctions if no statements exist.

Petition for RemovalRescind OrderWitness StatementsAttorney Work Product PrivilegeAttorney-Client PrivilegeWCJSubstantial PrejudiceIrreparable HarmWaiverDevelop Record
References
Case No. OAK 0329404
Regular
Dec 12, 2007

MARK CASH (Deceased) vs. CITY AND COUNTY OF SAN FRANCISCO

The defendant sought to remove an order requiring the widow's sister, a foreign national, to be present for cross-examination to admit her statement. The Appeals Board denied removal, acknowledging the sister's unavailability for subpoena but emphasizing the judge's discretion regarding the statement's admissibility and weight. The defendant failed to demonstrate irreparable harm, so the case returns to the trial level for further proceedings.

Petition for RemovalWidow's SisterOut-of-Country WitnessSubpoena PowerIrreparable HarmStatement AdmissibilityCross-ExaminationGuardian ad LitemDependencyDeath Benefit
References
Case No. LAO 0805956, LAO 0775121, LAO 0786377
Regular
Feb 04, 2008

ROY T. TORRES vs. CITY OF LOS ANGELES

The applicant sought to disqualify the Workers' Compensation Judge (WCJ) due to alleged prejudicial statements made at a hearing concerning his attorney's request to be relieved. The WCJ denied having any bias or forming an unqualified opinion on the merits of the attorney's petition, explaining his comments were based on the attorney's usual practice. The Workers' Compensation Appeals Board (WCAB) found no reason to doubt the WCJ's statements and denied the disqualification petition, remanding the case for further proceedings.

Petition for DisqualificationLabor Code Section 5311WCAB Rule 10452WCJ RecusalPrejudicial StatementsPetition to Be Relieved of CounselIndustrial InjuriesManagement AnalystWorkers' Compensation Appeals BoardCode of Civil Procedure Section 641
References
Case No. ADJ7054442
Regular
Jan 11, 2013

JARRAD JELSMA vs. WINE GROUP, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Board denied the defendant's petition for reconsideration of the WCJ's award of temporary disability indemnity. The defendant failed to demonstrate due diligence in producing a wage statement discovered after trial, which it claimed would lower the indemnity rate. While denying reconsideration of the retroactive award, the Board allowed the defendant to petition to reopen the award to prospectively adjust the temporary disability indemnity rate based on the disputed wage statement. The Board also denied credit to the defendant for any retroactive overpayment of temporary disability indemnity.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAverage Weekly EarningsTemporary Disability IndemnityWage StatementDue DiligenceNewly Discovered EvidenceReopen AwardRetroactive Overpayment
References
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