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

Case No. ADJ7035398
Regular
Mar 10, 2010

ANDREW MERLOS vs. COCA COLA ENTERPRISES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Defendant Coca Cola Enterprises petitioned for removal of a WCJ's order requiring an adjuster to appear in person at trial with settlement authority. Defendant argued the adjuster was in Ontario, travel was costly, settlement authority was present at the MSC, and the order denied due process. The Appeals Board granted removal, finding the order would not facilitate settlement and the expense was unjustified given the parties' positions. The Board amended the order to allow the adjuster to appear by telephone with settlement authority.

Workers' Compensation Appeals BoardPetition for RemovalOrder to AppearSettlement AuthorityMandatory Settlement ConferenceDue ProcessQualified Medical EvaluationPermanent DisabilityTrial AppearanceTelephone Appearance
References
Case No. ADJ3805628 (SDO 0343204) ADJ374212 (AHM 0120859) ADJ1234915 (SDO 0343200)
Regular
Oct 04, 2018

MARIA GONZALEZ vs. IMPERIAL COUNTY OFFICE OF EDUCATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of applicant Maria Gonzalez's cases. The dismissal was based on her failure to object to a Notice of Intention to Dismiss. Applicant claimed she was unable to attend proceedings due to mental and physical limitations stemming from agoraphobia and panic attacks, supported by medical reports. The Board remanded the case for the judge to explore disability accommodations, such as telephone or Skype appearances, to ensure due process.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalNotice of Intention to DismissGood CauseMentally and Physically UnableTeacher's AssistantDisability AccommodationAgoraphobiaPanic Attacks
References
Case No. ADJ3609087 (LBO 0392035) ADJ1000696 (LBO 0332475)
Regular
Jul 20, 2017

Katherine Staudt vs. University of California Los Angeles, SEDGWICK CMS

This case involved the dismissal of the applicant's workers' compensation claims by the administrative law judge (WCJ) for failing to personally appear at a mandatory settlement conference. The applicant, represented by counsel who did attend, sought reconsideration, arguing that her attorney's presence satisfied the appearance requirement under Labor Code § 5700. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that while the applicant did not personally appear, her attorney's presence constituted a valid appearance. The WCAB rescinded the dismissal order, emphasizing the legal preference for hearings on the merits over dismissals.

WCABPetition for ReconsiderationOrder Dismissing CaseMandatory Settlement ConferenceApplicant's AppearanceAttorney AppearanceLabor Code Section 5700Section 5404.5Compulsory AppearanceNotice of Intent to Dismiss
References
Case No. ADJ7083577
Regular
Aug 02, 2012

JULIO BARRERA vs. ZARCOS TRUCKING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded the trial judge's decision, returning the case for further proceedings. This action was based on the WCAB's finding that the lien claimant failed to comply with Rule 10562 by not having a person with settlement authority present by telephone during a conference. The WCAB clarified that telephone appearance alone is insufficient; a representative must appear in person or by attorney, and settlement authority must be available. This is not a final decision on the merits, and parties retain rights for future reconsideration.

Workers' Compensation Appeals BoardZarcos TruckingState Compensation Insurance FundADJ7083577Opinion and Order Granting ReconsiderationDecision After ReconsiderationWorkers' Compensation Administrative Law JudgeWCJLien ClaimantWCAB Rule 10562
References
Case No. ADJ9305498 ADJ9305504
Regular
Oct 03, 2016

IRIS PAUSELIUS vs. ABB CONCISE OPTICAL GROUP

The Workers' Compensation Appeals Board (WCAB) granted applicant Iris Pauselius's petition for removal. This action rescinded a prior order by the workers' compensation administrative law judge (WCJ) requiring the applicant's personal appearance at a status conference, with a threat of dismissal. The WCAB found the WCJ's order inappropriate as applicant's counsel had appeared, and only one of the two cases was calendared. The matter is now returned to the trial level for further proceedings.

Petition for RemovalWorkers' Compensation Appeals BoardWCJApplicant appearanceDismissal of casesRescind orderReturn to trial levelPersonal appearanceCounsel appearanceStatus conference
References
Case No. ADJ7274196
Regular
Dec 07, 2012

RONALD PIERCE vs. CITY OF TULARE

The applicant, Ronald Pierce, requested to appear telephonically for trial as an ADA accommodation, which the Workers' Compensation Judge (WCJ) denied, citing due process and the need to observe witnesses. The Appeals Board dismissed Pierce's Petition for Reconsideration because the WCJ's ruling was not a final decision. The Board also denied his Petition for Removal, finding no significant prejudice as the substantive issue was to be decided on briefs. Pierce was also advised that he does not have a right to free legal counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalTelephonic AppearanceADA AccommodationDue ProcessCross-examinationSubstantive RightFinal OrderAggrieved Party
References
Case No. ADJ8164012
Regular
Jul 01, 2013

HOSSEIN MOGHADAM vs. TESORO USA PETROLEUM, COMMERCE & INDUSTRY INSURANCE

This case concerns a $\$ 250$ sanction imposed on applicant's attorney for failing to appear at a hearing. The applicant's attorney sought reconsideration, arguing a misunderstanding of "special appearance." The Appeals Board denied the petition, adopting the WCJ's reasoning and clarifying that a "special appearance" does not excuse an attorney from a hearing, especially when made by opposing counsel. The Board emphasized that only a WCJ can excuse an appearance or grant a continuance, and cautioned the attorney against future rule violations.

Petition for ReconsiderationOrder Imposing SanctionsFailure to AppearSpecial AppearanceWCJApplicant's AttorneyFiduciary DutiesConflict of InterestContinuanceAppeals Board Rule 10843
References
Case No. ADJ7777152
Regular
Aug 30, 2012

PABLA CORTEZ vs. PVH SUPERVA, INC., LIBERTY MUTUAL INSURANCE

This case involves a lien claimant, California Imaging, seeking reconsideration of an order dismissing its lien. The lien was dismissed because California Imaging failed to appear at a required lien conference and its objection was untimely and never properly filed with the board. The Appeals Board denied reconsideration, finding that the lien claimant's non-appearance was not excused. The Board noted that lien claimants are considered parties and must follow procedural rules, including timely appearances and filings.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissLien ConferenceNonappearanceUntimely ObjectionTelephonic AppearanceCompromise and Release
References
Case No. ADJ782721 (SBR 0340531)
Regular
Feb 14, 2011

ROSALIND GRANT vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Rosalind Grant's claim due to her failure to appear at trial. The WCAB found the dismissal improper because Grant's attorney was present at trial, and the rules permit dismissal only if a party and their representative fail to appear. Furthermore, the applicant has no obligation to testify, and defendants must formally subpoena an absent applicant or provide a notice to appear to their attorney. The case was returned to the trial level for further proceedings, including potential action on a previously negotiated compromise and release.

ReconsiderationDismissal OrderFailure to AppearCompromise and ReleaseAttorney RepresentationMandatory Settlement ConferenceNotice of Intention to DismissRescinded OrderReturn to Trial LevelHearsay Evidence
References
Case No. ADJ8265185
Regular
Jul 11, 2014

WALTER VELIZ vs. POTENTIAL INDUSTRIES, BERKLEY SPECIALTY

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claim for failure to appear. The Board found the lien claimant's representative did not make a proper appearance, as they were not present when the case was called despite signing the minutes. Additionally, the claimant failed to comply with mandatory notice provisions and did not provide sufficient good cause for their non-compliance. Consequently, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardReconsideration DeniedLien DismissalNotice of Intention to Dismiss LienLabor Code section 4903.6(b)WCAB Rules 10770.1(e)WCAB Rules 10774.5Electronic Adjudication Management SystemLien ClaimantHearing Representative
References
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