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

Case No. ADJ1132003 (LBO 0329486)
Regular
Aug 19, 2013

NICOLE R. CHEATHAM vs. LOMA LINDA UNIVERSITY MEDICAL CENTER, LOMA LINDA HOME CARE

The Appeals Board granted the Defendant's Petition for Removal to overturn an Order that denied its request for automatic reassignment of the case. The Board found that the Presiding Judge erred by denying reassignment based on a prior award issued by Judge Pusey in 2003, as Judge Pusey had not been assigned as the trial judge at that time. The Appeals Board granted the reassignment and ordered the expedited hearing be set before a judge other than Judge Pusey. This decision recognizes the defendant's statutory right to automatic reassignment when a new trial date is set before a judge who has not previously presided over a trial in the matter.

Petition for RemovalAutomatic ReassignmentOrder Denying PetitionExpedited HearingStipulations With Request for AwardCumulative Trauma InjuryPetition to Re-openDeclaration of Readiness to ProceedLabor Code section 5310Cal. Code Regs.
References
1
Case No. ADJ7719607
Regular
Jul 27, 2012

STEVE WEDDLE vs. CITY OF PASADENA

The Appeals Board granted the defendant's Petition for Removal, rescinding the judge's order to take the case off calendar. The applicant's attorney declared readiness for trial and completed discovery, then unsuccessfully sought to continue the trial to develop the record. The Board found the judge abused discretion by ordering further discovery without trial or evidence submission. The case is returned for trial, with the judge retaining discretion to order record development post-trial if necessary.

Petition for RemovalOff Calendar OrderMandatory Settlement ConferenceDeclaration of Readiness to ProceedDiscovery ClosureMedical Record DevelopmentAgreed Medical EvaluatorMcDuffie v. Los Angeles Metropolitan Transit AuthorityWCJ DiscretionTrial Readiness
References
1
Case No. ADJ8075448
Regular
Oct 10, 2017

ALEX ROBLES vs. SOUTHERN CALIFORNIA GAS COMPANY, UTILITY WORKERS UNION OF AMERICA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a trial judge's award in favor of applicant Alex Robles against Southern California Gas Company (SCGC). SCGC sought reconsideration, asserting that crucial testimony was omitted from the trial record. The WCAB ordered transcription of all trial testimony to ensure a full and fair adjudication of SCGC's petition. This action was necessary to allow the Board further study of the factual and legal issues involved.

Petition for ReconsiderationFindings and AwardAOE/COEGoing and Coming RuleMinutes of HearingSummary of EvidenceTrial TestimonyWCAB Rule 10740Transcript TranscriptionElectronic Adjudication Management System
References
2
Case No. ADJ2036926 (FRE 0233858) ADJ1097945 (FRE 0233859)
Regular
Sep 16, 2010

LINDLA PINI vs. COUNTY OF FRESNO, YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the judge's order to take the cases off calendar. The judge had determined further medical evidence was needed before trial, but the Board found this premature, as no evidence had yet been admitted. The Board stated that the necessity of augmenting the medical record can only be established after trial or submission for decision, not beforehand. The cases were returned to the trial level to be set for trial, with the judge retaining the power to supplement the record if necessary post-trial.

removalrescinded orderoff calendarmedical record developmentAlmaraz/Guzmansubstantial medical evidencesupplemental reportAME depotrial exhibitsmandatory settlement conference
References
1
Case No. ADJ629563
Regular
Jun 10, 2014

CLAUDIA ANDRADE vs. SOUTHERN CALIFORNIA EDISON, SEDGWICK CMS

The Workers' Compensation Appeals Board rescinded the trial judge's findings and returned the case for further proceedings due to a denial of due process. The trial judge decided issues not presented by the parties, preventing them from offering evidence or arguing their case. The Board found the trial judge's framing of the sole issue as "good cause to violate the MPN agreement" was insufficient and failed to resolve the lien claim's ultimate entitlement to recovery. The case will be returned to the trial level to properly frame all contested issues and allow parties to present evidence.

Workers' Compensation Appeals BoardMedical Provider NetworkMPNLien ClaimantDue ProcessFindings and OrdersReconsiderationExpedited HearingCompromise and ReleaseLien Trial
References
9
Case No. ADJ1347643
Regular
Apr 15, 2009

EVA RODRIGUEZ vs. AMERIKLEEN, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted reconsideration to address inconsistencies in the trial judge's findings regarding lien claimant Cordova Chiropractic's treatment dates. The Board found the record unclear as to which specific treatment dates were disallowed and whether Dr. Park's QME report was properly considered. Specifically, the Board noted that Dr. Park's report appeared to approve past medical care, including May 2008 treatments rejected by the trial judge, and that the trial judge's reasoning for disallowing treatment lacked clear justification. The case is returned to the trial level for further proceedings to clarify the record and ensure proper application of relevant medical guidelines.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and AwardPresiding Workers' Compensation JudgeReasonable and Necessary TreatmentQualified Medical EvaluatorACOEM GuidelinesLabor Code Section 4600Senate Bill 899
References
5
Case No. ANA 0376537
Regular
Apr 19, 2007

GREGORY DEVORE vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board dismissed the defendant's petition for removal and granted reconsideration of the trial judge's award. The Board found that while the trial judge did not necessarily err in denying a continuance, they preferred to decide the case on its merits. Therefore, the case was returned to the trial judge for further proceedings, including compelling the attendance of the defendant's subpoenaed witness.

Labor Code section 132adiscriminationindustrial injuryprovisional teacherreinstatementpenaltylost wagessubpoenawitness appearancecontinuance
References
1
Case No. ADJ1137293 (WCK 0038877)
Regular
Feb 08, 2013

SANRA VELEZ vs. BRADFORD STAFFING INC.; CIGA adjusted by SEDGWICK CMS for SUPERIOR PACIFIC CASUALTY COMPANY

In this case, the Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior dismissal order concerning applicant Sanra Velez. The WCAB rescinded the trial judge's decision, finding it necessary to return the matter for further proceedings and a new decision by the trial judge. This decision is not a final determination of the merits. The parties retain their rights to seek further reconsideration after the trial judge issues a new ruling.

WORKERS' COMPENSATION APPEALS BOARDSANRA VELEZBRADFORD STAFFING INC.CIGASEDGWICK CMSSUPERIOR PACIFIC CASUALTY COMPANYADJ1137293WCJRECONSIDERATIONORDER OF DISMISSAL
References
0
Case No. ADJ1775896 (RDG 0101688), ADJ2010679 (RDG 0104042)
Regular
Nov 28, 2012

RICHARD SEILER vs. CARDIOLOGY ASSOCIATES OF NORTHERN CALIFORNIA, STATE COMPENSATION INSURANCE FUND

The applicant, Richard Seiler, petitioned to recuse the judge, alleging prejudice and improper rulings on evidence and medical treatment requests. The Workers' Compensation Appeals Board (WCAB) reviewed the applicant's filings and the judge's report. The WCAB denied the disqualification petition, finding no evidence of bias. The applicant will have the opportunity to raise these issues at trial and, if necessary, file a petition for reconsideration.

Recusal petitionJudge JonesLabor Code section 5311WCAB Rule 10452Chiropractic QMEExclusion of evidencePrescribing physicianHormone replacementMandatory settlement conferencePetition for reconsideration
References
0
Case No. ADJ8291111
Regular
Feb 08, 2016

MALIA ESTEBAN vs. COUNTY OF MONTEREY, INTERCARE

Here's a concise summary for a lawyer: The Appeals Board denied the applicant's Petition for Removal, which sought to overturn the Mandatory Settlement Judge's order closing discovery and setting the case for trial. The Board found no substantial prejudice or irreparable harm to the applicant and that reconsideration would be an adequate remedy. The applicant's contention that closing discovery denied due process was rejected, as the trial judge can develop the record and hear evidence on disputed issues like alleged consequential injuries. All issues raised by the applicant are preserved for the trial judge's determination.

Petition for RemovalMandatory Settlement ConferenceClosure of DiscoveryDue ProcessIrreparable HarmReconsiderationCumulative InjuryQualified Medical EvaluatorMedical ReportsPermanent and Stationary
References
2
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