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

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The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an order setting a trial date.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. ADJ2228296 (SAC 0351933), ADJ2470753 (SAC 0351934), ADJ8272258, ADJ8272266
Regular
Aug 12, 2013

JAMES PATTEN vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal concerning orders closing discovery and setting cases for trial. The Board adopted the WCJ's report, finding the defendant failed to demonstrate the necessary prejudice or irreparable harm for removal. The defendant's alternative request for reconsideration was also denied as the orders were not final and therefore not subject to reconsideration. The case is returned to the trial level for a new trial date.

Petition for RemovalLabor Code section 5310closing discoverysetting for trialsignificant prejudiceirreparable harmreconsiderationfinal ordersWCAB Rule 10859trial level
References
Case No. ADJ7940946 ADJ7941927
Regular
Apr 02, 2019

FAYE JENNINGS vs. TEMECULA VALLEY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed the Defendant's Petition for Reconsideration because it was untimely filed, as proof of mailing is insufficient and the petition must be received within the statutory 25-day limit. The WCAB noted that the Defendant's request to set aside the Compromise and Release was premature because it had not been decided at the trial level. Therefore, the matter was returned to the trial level for further proceedings on the Petition to Set Aside.

Petition for ReconsiderationWCABworkers' compensation administrative law judgeWCJjurisdictionaluntimely petitionJoint Order Approving Compromise and ReleaseOACRdefective servicegood cause to set aside
References
Case No. ADJ7549203
Regular
Feb 22, 2018

RONALD WILSON vs. AEROTEK COMMERCIAL STAFFING; As Administered By ESIS CHATSWORTH

The Workers' Compensation Appeals Board (WCAB) granted the defendant's Petition for Removal. The WCAB rescinded the previous order that denied the defendant's motion to set a trial date. The case is now returned to the workers' compensation administrative law judge for further proceedings. This means the previous denial of the trial setting motion is nullified.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJrescind ordermotion to set trial datereturn to trial leveladministrative law judgedefendant's motiondenial of motion
References
Case No. ADJ8081723
Regular
Apr 29, 2014

BEATRIZ DELGADO vs. INDUSPAC CALIFORNIA, INC./WESTERN FOAM PACKING PRODUCTS, PINNACLE

This case involves a Petition for Reconsideration filed by Applicant Beatriz Delgado. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The WCAB reasoned that reconsideration can only be sought for final orders that determine substantive rights or liabilities, not for interlocutory procedural orders. Pre-trial orders regarding evidence, discovery, trial setting, or venue are considered interlocutory and therefore not subject to reconsideration.

Petition for ReconsiderationDismissalInterlocutory OrdersFinal OrderSubstantive RightLiabilityPre-trial OrdersEvidenceDiscoverySetting for Trial
References
Case No. ADJ11321138
Regular
Nov 10, 2025

ALEXIS BENNETT vs. PULTE MORTGAGE CORPORATION, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to examine the factual and legal issues concerning a lien claim by John Ogai, M.D. Dr. Ogai contested a Stipulation and Order to Pay Lien Claimant, arguing he lacked proper notice of proceedings and did not authorize the settlement of his lien. The WCAB determined that the absence of a proper record from the December 14, 2021 lien trial constituted a procedural deficiency, specifically a "Hamilton problem." Consequently, the WCAB vacated its previous order granting reconsideration, dismissed Dr. Ogai's petition as premature, and remanded the matter to the trial level. The workers' compensation administrative law judge (WCJ) is instructed to treat Dr. Ogai's petition as one to set aside the Stipulation and Order, ensuring a complete evidentiary record is developed.

Lien claimantStipulation and OrderReconsiderationWCJOfficial Address RecordPetition for ReconsiderationCompromise and ReleaseDeclaration of ReadinessPre-Trial Conference StatementLien trial
References
Case No. ADJ7889661
Regular
Jan 28, 2014

CONYANILL, STATE OF CALIFORNIA, CDCR - INMATE CLAIMS vs. STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES

In this case, the defendant sought to set aside an Order Approving Compromise and Release (OAC&R) due to a mutual mistake in omitting a Medicare Set-Aside (MSA) provision. The Appeals Board granted reconsideration and rescinded the OAC&R. The matter was returned to the trial level to determine the parties' intent regarding the MSA and ensure compliance with Medicare regulations. This action was taken to provide the WCJ an opportunity to properly address Medicare's interests.

Petition for ReconsiderationOrder Approving Compromise and ReleasePetition to Set AsideMutual MistakeMedicare Set-AsideMSARescindAgreed Medical ExaminerWCJAppeals Board
References
Case No. ADJ10068763, ADJ10567862, ADJ10694876, ADJ10758465
Regular
Jul 03, 2016

NAHIDEH SARRAFIEH vs. CITY OF EL SEGUNDO

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal due to a procedural error by the Workers' Compensation Judge (WCJ). The WCJ erroneously set the case for trial after issuing a confusing "Notice of Hearing Cancellation" which led applicant's counsel to believe the hearing was cancelled. Despite applicant's counsel appearing and objecting, the WCJ proceeded to set the trial, failing to provide adequate notice. The Appeals Board rescinded the trial setting order and remanded the case for a new Mandatory Settlement Conference to ensure proper notice and preparation.

Petition for RemovalNotice of Hearing CancellationMandatory Settlement ConferenceDue ProcessObjectionsTrial SettingRescind OrderReturn for MSCWCJ OpinionAppeals Board Decision
References
Case No. ADJ7981277
Regular
Mar 16, 2018

CYNTHIA HERRERA vs. INTERNATIONAL INSTITUTE OF LOS ANGELES, CYPRESS INSURANCE COMPANY

The lien claimant, Beverly Hills Radiology, sought removal of a trial setting order, alleging denial of due process. The Board granted removal, finding the trial setting order improperly excluded the lien claimant from participating in crucial pre-trial proceedings. This exclusion, based on perceived deficiencies in Notices of Representation, violated the lien claimant's right to a fair hearing. Consequently, the trial setting order was rescinded, and the matter was returned to the judge for further proceedings.

WCABremovallien claimantdue processnotice of representationtrial setting orderlien conferenceWCJCompromise and ReleaseAssignment
References
Case No. ADJ599176 (SAC 0333692) ADJ2396484 (RDG 0122019) ADJ7950339
Regular
Mar 21, 2017

Fernando Muniz Villalpando vs. Doherty Brothers, Martin Dusters, State Compensation Insurance Fund

This case involves an applicant seeking to self-administer his Medical Set-Aside Account (MSA) after previously agreeing to third-party administration by Bridge Pointe/NuQuest. The Appeals Board granted reconsideration, rescinded the prior order, and returned the matter to the trial level. The Board found that the trial judge needs to review the original agreement to determine if it allows for a change of administration or if applicant has contractual rights to pursue this. Further proceedings will assess applicant's competency for self-administration and any opposition from the defendant.

Medical Set-Aside AccountMSAPetition for ReconsiderationJoint Findings and OrderMedical Set-Aside Account administrationself-administrationBridge PointeNuQuestState Compensation Insurance FundCompromise and Release Agreement
References
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