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

Case No. ADJ3687516
Regular
Jan 26, 2012

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, WALTER CRABTREE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISED INSURANCE, CRAWFY AND COMPANY, M.R. AUTOMOTIVE, CIGA, Administrative inTERCARE INSURANCE SERVICES, HIH AMERICA COMPENSATION

The Workers' Compensation Appeals Board denied Attorney M. Francesca Hannan's request for a waiver of fees or a payment plan for reporter's transcripts. Hannan sought the transcripts to support allegations of bias by a Workers' Compensation Judge and claimed financial hardship and limited time for preparation. The Board found no legal basis for the fee waiver or payment plan under applicable rules and statutes, though it affirmed Hannan's right to obtain the transcripts upon payment.

WCABPetitionReporter's TranscriptFee WaiverPayment PlanGovernment Code 68632Administrative Director Rule 9990Appeals Board Rule 10740AnayaLien Trial
References
0
Case No. ADJ11775511
Regular
Sep 25, 2019

FONDA MCGENSY vs. OPERATION SAFEHOUSE, CYPRESS INSURANCE COMPANY

This case involves an applicant's workers' compensation claim for injuries sustained on August 7, 2018. The defendant is seeking reconsideration of the original Findings and Award, arguing the injury is barred by the going and coming rule. The defendant disputes whether the applicant's supervisor ordered her to drive an intern home, which is key to applying the special errand exception. The Workers' Compensation Appeals Board has granted reconsideration to obtain a transcript of the trial testimony to fully assess the factual disputes.

Special errand exceptionGoing and coming rulePetition for reconsiderationFindings and AwardWCJTranscriptFactual disputesLegal issuesWCAB Rule 10740Electronic Adjudication Management System
References
0
Case No. MISSING
Regular Panel Decision

Herald Co. v. Burke

Petitioner, in a CPLR article 78 proceeding, sought to vacate and prohibit enforcement of oral orders made by Hon. William J. Burke, Onondaga County Court Judge, on May 24, June 29, and July 27, 1999, concerning the criminal case People v Cahill. The petitioner specifically sought access to transcripts of these 'proceedings' and a declaration of a right not to be excluded from further proceedings. The court reviewed the transcripts and concluded that the petitioner should be granted partial access to the transcripts. The court declined to declare a blanket right against exclusion, stating that closure depends on the proceeding's nature and potential prejudice to the defendant. The decision grants access to specific portions of the May 24 and June 29 transcripts, deeming other parts as informal discussions not historically open, and grants access to the entire July 27 transcript.

CPLR Article 78Public Access to RecordsCourtroom ClosureTranscript AccessPretrial ProceedingsCriminal ProcedureFair Trial RightsFirst AmendmentSixth AmendmentMedia Rights
References
14
Case No. ADJ3687516 (OXN 0126293)
Regular
Dec 22, 2011

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, JULY SUESUE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICA TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISE INSURANCE, CRAWFY AND COMPANY, CITY OF LONG BEACH

Attorney M. Francesca Hannan sought reconsideration and disqualification of judges, alleging a conspiracy to dismiss her clients' liens and impose sanctions. The Board consolidated seven cases, designating *Anaya* as the master file, and ordered Hannan to provide a detailed factual response supporting her claims. Hannan requested a 120-day extension to file due to issues with mail delivery and requested a waiver for a lien trial transcript cost. The Board granted a 60-day extension for the response, but denied the waiver for the transcript cost, citing lack of justification and untimeliness of the bias allegation regarding the transcript.

Workers' Compensation Appeals BoardDisqualification petitionAdministrative Law JudgeBias allegationsExtension of timeVerified responseLien trial transcriptSanctionsAttorney's feesConsolidation of cases
References
16
Case No. ADJ1245747
Regular
Dec 17, 2008

Baldemar Sanchez vs. Kinley Construction Company, Inc., AIG Claim Services

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The defendant sought to prevent a deposition transcript from being introduced as evidence, but the Board found the request premature as the transcript had not yet been offered. Since the defendant has not suffered prejudice or irreparable harm, the Board adopted the Administrative Law Judge's recommendation to deny removal.

Workers' Compensation Appeals BoardPetition for RemovalAdministrative Law JudgeDepositionQuashMootAdvance RulingAdmissibilityEvidentiary RulingCompromise and Release
References
1
Case No. ADJ429247 (ANA 0407707)
Regular
Nov 14, 2008

DIANE FLEMING vs. SANTA ANA UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration to review a trial transcript concerning a teacher's industrial injury claim. The defendant school district disputes the finding that the applicant sustained an injury while transporting school work home, arguing it does not qualify as an exception to the going and coming rule. The Board needs the transcript to accurately assess the facts and testimony before issuing a just decision.

Workers' Compensation Appeals Boardindustrial injuryteacherbreak-inhome as second worksitegoing and coming rule exceptiontransporting school workwhite-collar exceptionreconsiderationadministrative law judge
References
0
Case No. ADJ4189754 (ANA 0349061)
Regular
Mar 09, 2010

MICHAEL JACOBUS vs. AMERISERVE; CIGA, by its servicing facility, INTERCARE, for RELIANCE INSURANCE, in liquidation

In this case, the defendant sought removal to allow the deposition of a psychiatric AME and to forward applicant's deposition transcript to AMEs, arguing substantial prejudice. The Appeals Board granted removal, allowing the deposition transcript of Dr. Feldman to be offered into evidence. However, the Board deferred the issue of further supplemental reports from the AMEs to the trial judge. The matter was returned to the trial level to be set for trial and for further proceedings.

Removal petitionAgreed Medical Evaluator (AME)Donald Feldman M.D.Charles Rudner M.D.Deposition transcriptIndustrial injuryTruck driverLoader-unloaderLeft kneePsyche
References
1
Case No. SFO 0478646
Regular
Jan 07, 2000

ERLINDA BRINGAS vs. CITY AND COUNTY OF SAN FRANCISCO, LAGUNA HONDA HOSPITAL, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration and removal to allow the defendant, City and County of San Francisco, to submit a trial transcript. The defendant seeks to challenge the finding that the applicant sustained a compensable industrial heart attack on January 22, 2003, arguing it was not supported by evidence and that the claim is time-barred. The Board's decision is conditional on the defendant's compliance with specific filing procedures for the transcript.

Workers' Compensation Appeals BoardReconsiderationRemovalIndustrial InjuryMyocardial InfarctionCardiovascular SystemStatute of LimitationsTollingIndustrial CausationCumulative Trauma
References
0
Case No. ANA 0397286
Regular
Mar 10, 2008

ROMAN EVANGÉLISTA vs. BEACHFIRE BAR AND GRILL, TRUCK INSURANCE EXCHANGE

The Appeals Board affirmed the WCJ's decision finding the applicant was the initial physical aggressor and thus not entitled to compensation for his industrial injury, giving great weight to the WCJ's credibility findings. However, the Board amended the decision to award the applicant self-procured medical treatment for a specific period, acknowledging an error in the original ruling. The defendant's petition for removal regarding transcript costs was dismissed as moot because the transcripts were deemed unnecessary.

initial physical aggressorLabor Code section 3600(a)(7)petition for reconsiderationpetition for removalLabor Code section 5402(c)self-procured medical treatmentcredibility findingHoneywell v. Workers' Comp. Appeals Bd.Garza v. Workers' Comp. Appeals Bd.WCJ
References
2
Case No. ADJ3371597 (AHM 0141522)
Regular
Apr 03, 2012

DARRELL MEYERS vs. JOSEPH R. SCOTT, INC., STATE COMPENSATION INSURANCE FUND

Applicant sought reconsideration of a WCJ's finding that the employer did not commit serious and willful misconduct causing his industrial injury. The applicant argues the employer violated safety orders and failed to provide a safe workplace, entitling him to increased benefits under Labor Code Section 4553. Due to the delay in obtaining the trial transcript, which is crucial for a complete review, the Appeals Board granted reconsideration. This allows time for the transcript to be prepared and reviewed to ensure a just decision.

Workers' Compensation Appeals Boardserious and willful misconductLabor Code § 4553industrial injurypipefitterlaborerlow back injurychest injuryrib injuryclavicle injury
References
0
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