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

Case No. ADJ2233663 (LAO 0511232)
Regular
Feb 28, 2025

MULJI PATEL vs. BOEING NORTH AMERICAN, AIG CLAIMS SERVICES

Applicant sought removal of a Minutes of Hearing and Order Taking Off Calendar (OTOC) issued by a WCJ on April 13, 2023. The WCJ had ordered the matter off calendar due to no pending issues, defendant's lack of counsel, and an improper declaration of readiness to proceed. Applicant contended errors leading to an unjust outcome, including issues with permanent disability payments, medical co-payments, a lien, and allegations against a prior attorney, and presented a QME report from Dr. David. Defendant did not file an answer to the petition for removal, and the WCJ recommended dismissal as untimely and without merit. The Appeals Board dismissed the petition, concurring it was untimely filed more than 25 days after the OTOC, and would have denied it on merits as applicant failed to show substantial prejudice or irreparable harm.

Petition for RemovalOrder Taking Off CalendarDeclaration of Readiness to ProceedPermanent Disability PaymentsMedical Co-paymentsLienOrder Suspending ProceedsQualified Medical EvaluatorChronic PancreatitisDiabetes
References
5
Case No. ADJ8619288
Regular

ZUSSETTE MORALES vs. MAYA CORPORATION, CAPITAL INSURANCE COMPANY

This case concerns a defendant's petition for reconsideration and removal of an Order Taking Off Calendar (OTOC). The Appeals Board dismissed the petition for reconsideration because the OTOC was not a final order. Treating the petition as a request for removal, the Board denied it, finding no substantial prejudice or irreparable harm. This is because the lien claimant's lien was stayed under Labor Code section 4615, precluding further proceedings on the lien and related issues.

Order Taking Off CalendarPetition for ReconsiderationPetition for RemovalLabor Code Section 4615Automatic StayLien ClaimantStatute of Limitations DefensePetition for Costs and SanctionsFinal OrderInterlocutory Order
References
11
Case No. ADJ6821103
Regular

DANIEL RAMIREZ vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was taken from a non-final order taking the matter off calendar (OTOC). While the Petition for Removal would ordinarily be denied, the WCAB granted removal on its own motion. The WCAB amended the OTOC to include a final order denying the applicant's appeal of the Independent Medical Review determination, as the Board lacks authority to address the constitutional issues raised.

Petition for ReconsiderationTaking Off Calendar (OTOC)Final OrderSubstantive RightInterlocutory OrderPetition for RemovalBoard MotionIndependent Medical Review (IMR)Constitutional IssuesAppellate Review
References
7
Case No. ADJ364166 (LAO 0879384) ADJ3925942 (LAO 0881103)
Regular
Dec 29, 2015

CLIBORIO MAYORGA vs. DEXTER AXLE CHASSIS GROUP, AIG, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board denied defendant Dexter Axle's Petition for Removal of an Order Taking Off Calendar (OTOC). The OTOC allowed the applicant to conduct further discovery regarding a change in his permanent disability. Defendant argued this conflicted with a prior Appeals Board decision limiting discovery to apportionment. The Board found no substantial prejudice or irreparable harm to the defendant if removal was denied, and that reconsideration would be an adequate remedy. Therefore, removal was not granted.

Petition for RemovalOrder Taking Off CalendarWCJPermanent DisabilityApportionmentDiscoverySubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary Remedy
References
2
Case No. ADJ7523380
Regular
Jul 17, 2015

SALVADOR ULLOA vs. PRAXAIR, INC.

The Appeals Board granted applicant's Petition for Removal, rescinding the WCJ's order taking the case off the expedited hearing calendar. The Board found that a dispute over medical treatment for a serious injury, despite a disputed psychiatric component, warrants expedited review. While a complexity may necessitate redesignation as a Mandatory Settlement Conference, the OTOC itself caused substantial prejudice due to delays in crucial psychiatric treatment. The matter is returned to the WCJ to be reset on the expedited hearing calendar.

RemovalOrder Taking Off CalendarExpedited HearingMandatory Settlement ConferenceDisputed Body PartMedical TreatmentPsychiatric ConditionSerious InjuryUpper ExtremitiesAOE/COE Dispute
References
2
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
0
Case No. ADJ8051978
Regular
Jan 26, 2016

LUISA LOPEZ vs. SAN JOAQUIN COUNTY

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal regarding an order taking the matter off calendar. The defendant argued that the applicant lacked medical evidence of new and further disability to support re-examinations with medical evaluators. The Board found the defendant failed to demonstrate significant prejudice or irreparable harm absent removal. Therefore, the petition was denied, and the WCJ's decision to take the case off calendar was upheld.

Petition for RemovalOff Calendar OrderNew and Further DisabilityRe-examinationAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Stipulations with Request for AwardWCJWCABIrreparable Harm
References
2
Case No. ADJ9136374
Regular
Aug 18, 2015

RAUL GUZMAN vs. SHARPE INTERIOR SYSTEMS, AMTRUST SAN FRANCISCO

The applicant sought removal of an order taking his case off calendar at a mandatory settlement conference. The judge removed the case because the defendant disputed coverage, leaving the applicant without benefits. The Appeals Board granted removal, finding significant prejudice due to the applicant's exhausted disability benefits and lack of current support. The order taking the case off calendar was rescinded, and the matter was returned for an expedited settlement conference. Sanctions against the defendant were deferred to the trial level.

Petition for RemovalOrder Taking Off CalendarMandatory Settlement ConferenceDenial of CoverageLabor Code Section 5813SanctionsBad FaithUnreasonable DelaySignificant PrejudiceIrreparable Harm
References
4
Case No. ADJ4665750
Regular
Oct 07, 2011

MARTIN ROJAS vs. ANHEUSER BUSCH, CHARTIS CLAIMS INC.

Here's a summary for a lawyer in four sentences: The applicant sought reconsideration of an order taking the matter off calendar, claiming unspecified alterations were made to a signed Compromise and Release Agreement. The Board dismissed the petition, as reconsideration can only be sought for a final order, decision, or award. An order taking a matter off calendar is not a final order as it does not determine substantive rights or liabilities. The applicant may still raise issues regarding the unapproved Compromise and Release Agreement at trial.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and Release AgreementOrder taking off calendarFinal orderSubstantive rights and liabilitiesWCJ approvalTrial levelIn pro perChartis Claims Inc.
References
3
Case No. ADJ833288 (LBO 0385383)
Regular
Jan 29, 2016

MARTIN VALDEZ vs. NATURE'S TREE SERVICE, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of an order taking the case off calendar, arguing their attorney was not properly served with prior dismissal notices. The Appeals Board dismissed the Petition for Reconsideration because an order taking a case off calendar is interlocutory and not a final order subject to reconsideration. Furthermore, the Board denied the request for removal, stating the applicant had not shown substantial prejudice or irreparable harm. The applicant must address the prior dismissal order at the trial level before seeking appellate review.

WCABPetition for ReconsiderationPetition for RemovalOff Calendar OrderDismissal OrderSubstitution of AttorneysLack of ProsecutionService of ProcessInterlocutory OrderFinal Order
References
9
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