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

Case No. ADJ4155359 (OXN 0143340)
Regular
May 23, 2014

LISA SMITH vs. AGOURA WESTLAKE ANIMAL HOSPITAL, FIREMAN'S FUND INSURANCE COMPANY

Defendant Agoura Westlake Animal Hospital sought removal from an order continuing the case to trial on psychiatric injury and sleeplessness, arguing they should have obtained a supplemental QME report first. The Appeals Board denied this petition, agreeing with the WCJ that the psychiatric injury issue was ready for trial as both parties had QME evaluations. The Board found no abuse of discretion in the WCJ treating the hearing as a Mandatory Settlement Conference rather than a status conference. One Commissioner dissented, believing removal should be granted to allow the supplemental QME evaluation due to applicant's refusal to attend and the lack of trial readiness for psychiatric injury.

Petition for RemovalQualified Medical Evaluator (QME)Injury to PsycheSleeplessnessMandatory Settlement Conference (MSC)Declaration of Readiness to Proceed (DOR)Petition to CompelWCJ (Workers' Compensation Judge)Appeals BoardIndustrial Injury
References
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
Case No. ADJ3863284 (OXN 0147713)
Regular
May 13, 2013

ISAIAS ORTIZ vs. WATERWAY PLASTICS, SAFETY NATIONAL INSURANCE

This case involves two lien claimants whose liens were dismissed for failing to pay an activation fee prior to trial. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that Labor Code section 4903.06 only requires proof of payment of the fee at a "lien conference," not a subsequent trial. Because the lien conference occurred in 2012 and the trial in 2013, the lien claimants were not required to pay the fee prior to trial. The WCAB rescinded the dismissal orders and returned the matter for further proceedings.

Lien activation feeWCABPetition for ReconsiderationLien ConferenceLien TrialLabor Code section 4903.06Declaration of Readiness to ProceedDismissal with prejudiceRescind OrderReturn to trial level
References
Case No. ADJ8565377; ADJ8565379 ADJ8550223
Regular
May 25, 2016

MELANI LOPEZ vs. EMPIRE TRANSPORTATION, INC., NATIONAL INTERSTATE INSURANCE

In this workers' compensation case, the defendant sought removal of a trial setting order due to the applicant's defective Declaration of Readiness to Proceed. The defendant argued the DOR failed to detail good faith dispute resolution efforts and improperly claimed all discovery was complete while raising discovery as an issue. The Appeals Board granted removal to limit the trial scope. Consequently, the trial is now exclusively focused on whether the applicant sustained a work-related injury, deferring all other issues.

Petition for RemovalDeclaration of Readiness to Proceed (DOR)defective DORgood faith effortsdiscoveryscope of trialinjury arising out of and occurring in the course of employmentdeferred issuestrial levelWCJ Report and Recommendation
References
Case No. ADJ803080 (LBO 0386412)
Regular
Mar 16, 2009

ANDRES SANCHEZ JUARES (Dec'd.), EVER REYES CARILLO (App.) vs. FANG CLOTHING, INC., INSURANCE COMPANY OF THE WEST GROUP/EXPLORER

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration from an insurer but granted removal of the case. The WCAB found that the administrative law judge (ALJ) improperly scheduled a trial conference when a status conference was requested to address discovery issues. This procedural error would cause prejudice and irreparable harm by forcing parties to trial prematurely without adequate discovery or settlement opportunity. Consequently, the WCAB rescinded the ALJ's order and returned the case for further proceedings.

Workers' Compensation Appeals BoardReconsiderationRemovalStatus ConferenceMandatory Settlement ConferenceLabor Code Section 5502Declaration of ReadinessPre-trial Conference StatementDiscovery IssuesStipulations
References
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
Case No. ADJ7039474
Regular
Feb 27, 2012

BRIAN MURRAY vs. PK MANAGEMENT, LLC dba BORREGO RANCH RESORT AND SPA, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA c/o CHARTIS CLAIMS INC.

This case involves applicant Brian Murray and defendants PK Management, LLC, and its insurer. The Workers' Compensation Appeals Board denied the defendants' Petition for Removal. The Board adopted the Workers' Compensation Judge's report, finding no objection to the applicant's Declaration of Readiness and that a trial date was secured. Any perceived request for continuance was deemed inadvertent and unsupported by substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardPetition for RemovalDeclaration of Readinesspre-trial conference statementtrial datecontinuanceMinutes of Hearingverified oppositionWCJAME's deposition
References
Case No. ADJ7620210
Regular
Feb 02, 2012

MATTHEW BROWN vs. PENINSULA PONTIAC AUTOMOBILE, AM TRUST NORTH AMERICA, MAJESTIC INSURANCE COMPANY

Defendant insurance company sought removal of an order setting a workers' compensation case for trial, arguing insufficient discovery. The Board denied the petition, finding the defendant waived objections by failing to object to two prior Declarations of Readiness. The Board also noted the defendant's lack of diligence in obtaining requested discovery and the absence of extraordinary circumstances justifying further delay. The order allowing the trial judge discretion for limited medical evidence was upheld.

Petition for RemovalQualified Medical ExaminerDiscoveryMandatory Settlement ConferenceDeclaration of ReadinessObjectionTrialDepositionTemporary Total DisabilityDue Diligence
References
Case No. ADJ7817182
Regular
Dec 24, 2012

PEGGY ALEXANDER vs. KAISER FOUNDATION HOSPITALS, KAISER PERMANENTE MEDICAL CARE PROGRAM

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order setting a trial date. This action was taken because the defendant employer argued they were prejudiced by being forced to trial without QME medical evidence they had diligently sought. The WCAB found that both parties failed to notify the Board that the QME panels had issued after a trial date was set but before removal was granted. Consequently, the matter is returned to the trial level for further proceedings, and no sanctions were imposed.

WCABRemovalPetition for ReconsiderationMandatory Settlement ConferenceQualified Medical ExaminerQME PanelDiscovery ClosureOrder Setting for TrialRescindReturn to Trial Level
References
Case No. STK 0182326
Regular
Oct 15, 2007

MICHAEL JACKSON vs. ODWALLA, INC, ROYAL INDEMNITY, LABOR READY, LUMBERMAN'S MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted Royal Indemnity's petition for removal to address a dispute over equitable reimbursement between defendants ESIS and Royal Indemnity. The core issue is determining Michael Jackson's employer status to resolve which insurer bears full liability for his injury, as the original award finding Labor Ready as the employer was rescinded. The Board rescinded the order taking the case off calendar and returned it to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalFindings and AwardOrder Taking Off CalendarLabor ReadyOdwallaIncRoyal IndemnityESISTemporary Staffing Agency
References
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