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

Case No. ADJ820875 (MON 0251000) ADJ4467494 (MON 0156338) ADJ1266959 (LAO 0791769) ADJ1310086 (MON 0252336) ADJ2298144 (MON 0252337) ADJ4041333 (MON 0252338)
Regular
Mar 04, 2020

FEREZ, Gabriel vs. DILLINGHAM/ SADELMI; AIG INSURANCE; VALVERDE CONSTRUCTION; CIGA; MARMELLOTTO; VALLEY CEST; ACE INSURANCE, administered by ESIS

This case involves a lien claimant, Elena Konstat Ph.D., whose request to proceed with a lien on multiple workers' compensation claims was taken off calendar by the Administrative Law Judge (ALJ). The Workers' Compensation Appeals Board (WCAB) granted removal because the ALJ's order erroneously stated the lien claimant lacked standing without a proper adjudication. While affirming the order to take the matter off calendar, the WCAB amended the order to remove the problematic language regarding standing, clarifying that the lien claimant's claim has not been decided on its merits. The matter was removed from the calendar to allow proper service and procedural steps for another lien claimant, Precision Pharmacy, before any further lien conferences or trials.

Workers' Compensation Appeals BoardPetition for RemovalLien ClaimantWCJOff CalendarStandingLabor Code §4903.8(d)Joint Compromise and ReleaseSettlement AgreementDeclaration of Readiness to Proceed
References
Case No. MON 310553
Regular
Sep 05, 2007

, LAZARO MARTINEZ vs. , WEDGESTONE CORP.;, CRUM & FORSTER

The Appeals Board granted the applicant's petition for removal, rescinding the WCJ's order closing discovery. The applicant argued that discovery should not have been closed as their serious and willful misconduct claim was not addressed at the Mandatory Settlement Conference (MSC) and the case was subsequently taken off calendar. The Board agreed that the closure of discovery was improper, particularly since the case was taken off calendar, and the relevant statute does not mandate closure in such circumstances.

Petition for removalSerious and willful misconductLabor Code section 4553Mandatory settlement conferenceDiscovery closedTaken off calendarIndustrial injuryIncreased benefitsWCJ orderRescind order
References
Case No. ADJ9148256
Regular
Feb 18, 2015

Erika Alvarez vs. McDonalds, United States Fidelity & Guaranty Insurance Company

This workers' compensation case involves applicant Erika Alvarez and defendants McDonald's and its insurer. The defendant filed a Petition for Removal. However, the petition was rendered moot as the parties reached an interim settlement at a hearing, resolving the issues that prompted the removal. Consequently, the matter was taken off calendar and the Petition for Removal is dismissed.

Petition for RemovalRendered MootInterim SettlementTaken Off CalendarDismissedWorkers' Compensation Appeals BoardADJ9148256Sedgwick Claims ManagementUnited States Fidelity & Guaranty Insurance CompanyErika Alvarez
References
Case No. ADJ6717811
Regular
May 28, 2014

SOCORRO CARRASCO vs. APPLE VALLEY UNIFIED SCHOOL DISTRICT, YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board dismissed a defendant's Petition for Removal because the issue they raised was moot. The defendant had argued the workers' compensation judge erred by setting a conference, but the record showed the conference occurred and was taken off calendar by agreement. The Board advised the defendant they could file a petition for reconsideration if an adverse final decision is ultimately issued.

Petition for Removalmoottaken off calendaragreement of partiespetition for reconsiderationLabor Code sections 5900Workers' Compensation Appeals BoardElectronic Adjudication Management Systemsworkers' compensation judgeadverse decision
References
Case No. ADJ7604114; ADJ7607366
Regular
Nov 01, 2013

JOSE REYES VARGAS vs. CRUNCH METALS; HARTFORD

The Appeals Board granted applicant's Petition for Removal, rescinding the WCJ's order continuing the matters to trial. The Board found the defendant's Declaration of Readiness to Proceed (DOR) defective for failing to specify any principal issues, thereby hindering the applicant's trial preparation. Furthermore, there was no record of a required Pretrial Conference Statement, and no evidence of applicant's lack of diligence. Consequently, the case was taken off calendar.

Petition for RemovalDeclaration of Readiness to ProceedMandatory Settlement ConferenceQualified Medical EvaluatorPretrial Conference StatementLabor Code section 5502(d)(3)Court Administrator Rule 10250(d)Industrial InjuryCumulative TraumaSpinal Injury
References
Case No. ADJ3970584 (LAO 0836632)
Regular
Nov 04, 2011

RUSSELL NELSON vs. RENAISSANCE HOLLYWOOD HOTEL

The Appeals Board granted the defendant's Petition for Removal, reversing an earlier WCJ order that denied a second deposition of the applicant. This decision allows the defendant to depose the applicant and the appointed physician, Dr. Sadoff, regarding subsequent employment and industrial injury. The Board found good cause for the second deposition, as new information may be relevant to permanent disability and apportionment. The case was taken off calendar pending these depositions, but the request for reassignment of the WCJ was denied.

Petition for RemovalArmin M. SadoffM.D.Regular PhysicianSubsequent EmploymentSubsequent Industrial InjurySecond DepositionCompelling AttendanceCross-examinationPermanent Disability
References
Case No. ADJ1171842 (FRE 0246111) ADJ3795684 (FRE 0249791)
Regular
Nov 03, 2014

RAUL SILVA vs. GERAWAN FARMING, LWP CLAIMS SOLUTIONS, WAUSAU INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of applicant's cases. The dismissal was premature as the cases were not subject to dismissal for lack of prosecution until one year after being taken off calendar. The Board noted that applicant's deportation allegations were unsupported, but emphasized that the applicant has until January 30, 2015, to reactivate the cases for hearing. If the applicant is unavailable for trial again, the WCJ should consider proceeding based on documentary evidence, given the existing stipulations and available deposition transcripts.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionRule 10582Taken off CalendarActivate for HearingPremature DismissalAgreed Medical ExaminerPermanent DisabilityApportionment
References
Case No. ADJ6638615 ADJ6638655
Regular
Dec 31, 2010

JESUS MEZA GOMEZ vs. ADAMS POOL SOLUTIONS, SEABRIGHT INSURANCE COMPANY

The Appeals Board granted the applicant's petition for removal, finding that the WCJ erred in denying the request to depose the primary treating physician (PTP). The applicant argued that the PTP's recent change in impairment rating and opinion on future treatment necessitated this deposition. The Board concluded that denying the deposition would cause irreparable harm and that the applicant acted prudently by deposing the panel QME first. Consequently, the WCJ's order closing discovery was rescinded, the trial was taken off calendar, and the matter was returned for further proceedings.

Petition for RemovalPrimary Treating Physician (PTP)DepositionDue DiligenceGood CauseIrreparable HarmPanel Qualified Medical Evaluator (Panel QME)Mandatory Settlement Conference (MSC)Labor Code section 5310Sub-rosa surveillance
References
Case No. ADJ10459640
Regular
Dec 01, 2019

Antonio Venegas vs. Baron HR Staffing, Kruse and Sons, Inc.

The Workers' Compensation Appeals Board granted the applicant's petition for removal, rescinding an order that had taken the case off calendar. The applicant argued the removal order deprived him of due process, as joining additional parties was not necessary for trial. The Board found that while joining parties might be necessary, taking the case off calendar hindered the system's purpose of prompt benefit payment. The matter is returned to the trial level for placement back on calendar, with a status conference suggested if delays are needed for joinder.

Petition for RemovalDecision After RemovalJoint and Several LiabilityGeneral and Special EmploymentDue ProcessExpedited HearingPriority ConferenceLabor Code Section 3602(d)Insurance Code Section 11663Off Calendar
References
Case No. ADJ7947039
Regular
Nov 01, 2013

ROSAURA DE LA CUEVA vs. GOLDILOCKS CORPORATION, CALIFORNIA INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to rescind an order taking the case off calendar. The WCJ had taken the case off calendar after lien claimants requested discovery of the personnel file, which the defendant opposed. The Appeals Board found insufficient record regarding the lien claimants' due diligence in discovery or the good cause for taking the case off calendar. Therefore, the case was returned to the trial level for further proceedings, including a lien conference and potential trial, with guidance on serving discovery if specific defenses are raised.

Petition for RemovalOff CalendarLien ConferencePersonnel FileDiscoveryAOE/COECompromise and ReleaseLabor Code Section 3600(a)(10)Labor Code Section 3208.3(h)Due Diligence
References
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