Updated Daily

Case Law Database

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

Case No. ADJ7191038

Regular

Oct 06, 2015

ROBERTO CUEVAS vs. MODERN METHOD ROOFING, INC., MAJESTIC INSURANCE

The Workers' Compensation Appeals Board dismissed a lien claimant's Petition for Reconsideration and denied their Petition for Removal. The WCJ had continued a trial to allow the defendant, who repeatedly failed to appear, to submit an amended pre-trial conference statement. The Board found the WCJ's order to be an interlocutory procedural decision, not a final order, thus making reconsideration improper. Removal was denied as the lien claimant failed to demonstrate irreparable harm.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantMinute OrderContinue TrialAmended Pre-trial Conference StatementReopen DiscoveryFinal OrderInterlocutory Order

References

Case No. ADJ4617702 (GOL 0098783) ADJ1170523 (GOL 0100196)

Regular

Mar 24, 2015

EVE JOHNSON vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

The Appeals Board granted the Defendant's Petition for Removal and Disqualification of the Workers' Compensation Judge (WCJ). The WCJ abused his discretion by sua sponte initiating sanctions against the Defendant and ordering the appearance of their claims adjuster, instead of proceeding to trial on the applicant's representation status. Furthermore, the WCJ's expressed opinions and actions created an appearance of bias, necessitating his disqualification. The case is returned to the trial level for a new hearing on the originally scheduled issues.

Workers Compensation Appeals BoardPetition for RemovalPetition for DisqualificationAdministrative Law JudgeSanctionsMedical-Legal EvaluationLabor CodeRepresented ApplicantUnrepresented ApplicantQME

References

Case No. ADJ2989133 (LAO 0836794) ADJ6672466

Regular

Sep 14, 2015

VENACIO SALAZAR vs. COUNTY OF LOS ANGELES GENERAL HOSPITAL

This case concerns a lien claimant, Dr. David Brendel, whose lien was dismissed by a WCJ for non-appearance and failure to respond to a Notice of Intention to Dismiss. Dr. Brendel argues he was never properly served with the Notice due to an incomplete address on the defendant's proof of service. Subsequently, another WCJ acknowledged the improper service and set the matter for a lien trial, only for that trial to be taken off calendar. The Appeals Board granted reconsideration, rescinded the dismissal order, and returned the case to the trial level for further proceedings on Dr. Brendel's lien claim.

Workers Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienNotice of Intention to DismissNon-AppearanceImproper ServiceLien TrialCompromise and ReleaseQualified Medical Evaluator

References

Case No. ADJ8725018

Regular

Jul 19, 2019

ANA VILLANUEVA ROMERO vs. PARKVISTA AT MORNINGSIDE, HARTFORD

The Appeals Board granted reconsideration and rescinded the WCJ's order for F&M Radiology to pay defendant's attorney's fees. The Board found the WCJ's decision lacked due process and substantial evidence, as it did not explicitly reference Labor Code section 5813 or make findings of bad faith, frivolous tactics, or unnecessary delay. Furthermore, the Minutes of Hearing failed to clearly define the issues to be decided at trial. The matter was returned to the trial level for further proceedings to create a proper record and ensure due process for all parties.

F&M RadiologyLien claimantPetition for ReconsiderationDeclarations of Readinessattorney's feescostsexcusable mistake or neglectdue processfair hearingLabor Code section 5813

References

Case No. ADJ9859125, ADJ10002701, ADJ10647312

Regular

Sep 20, 2018

CHRISTOPHER RENFRO vs. YOUNG'S COMMERCIAL TRANSFER, NATIONAL INTERSTATE INSURANCE, SWIFT TRANSPORTATION

Applicant filed petitions to disqualify the workers' compensation judge (WCJ) alleging bias and prejudice. The Appeals Board denied these petitions as untimely because the trial had already commenced and witnesses were sworn in. Furthermore, the Board found no evidence in the record to support the applicant's claims of bias or prejudice against the WCJ. The matters are returned to the WCJ for further proceedings.

Peremptory ChallengeDisqualification of JudgeWorkers' Compensation Appeals BoardWCAB Rule 10453Labor Code Section 5311Code of Civil Procedure Section 641WCAB Rule 10452Bias and PrejudicePro Per ApplicantCumulative Trauma Injury

References

Case No. ADJ8843441

Regular

Oct 16, 2013

AUSTIN KWOMO vs. LOS ANGELES METROPOLITAN TRANSIT AUTHORITY

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The Board found the WCJ prematurely ordered further medical record development before trial or submission for decision. Therefore, the case is returned to the trial level for proceedings consistent with *McDuffie*, with the WCJ retaining discretion to supplement the record *after* trial if necessary. The petition for disqualification of the WCJ was denied.

Petition for RemovalOrder Off CalendarFurther Development of RecordMedical OpinionsThreshold MatterTrialSubmission for DecisionExhibitsWitnessesSupplementation of Medical Record

References

Case No. 0034531

Regular

Apr 04, 2008

MARK BORDASH vs. CRYOGENIC GROUP, INC., MAJESTIC INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award to amend the start date for permanent disability indemnity payments from September 16, 2006, to February 7, 2007, as recommended by the WCJ. The WCAB affirmed the finding of temporary disability, citing substantial medical evidence from the applicant's treating physician. Additionally, the WCAB corrected the caption of the WCJ's decision to reflect the proper board designation and admonished defense counsel for a defective verification on the petition for reconsideration.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryWelder FabricatorBilateral ShouldersTemporary DisabilityPermanent DisabilitySubstantial Medical EvidenceTreating Physician

References

Case No. ADJ6524117

Regular

Mar 24, 2014

Norma Rodriguez vs. Norman Sigel, M.D., Employers Compensation Insurance Company

The Workers' Compensation Appeals Board granted Employers Compensation Insurance Company's petition to remove a WCJ's order compelling applicant attendance at trial. The Board found the WCJ erred by ordering applicant testimony before a trial record was established and discovery closed. The order compelling attendance was rescinded, and the case returned for trial; the WCJ may allow applicant testimony if she appears voluntarily.

Petition for RemovalDiscovery ClosureMandatory Settlement ConferenceDue DiligenceAOE/COEStipulated AwardPetition for ContributionIndispensable PartyLay Witness TestimonyEvidentiary Record

References

Case No. ADJ7471626

Regular

Dec 16, 2011

MARINA BILAVER vs. HOLLYWOOD RENAISSANCE HOTEL/MARRIOTT INTERNATIONAL

This case involves applicant Marina Billaver's petition for removal, which was denied. Applicant sought to depose a panel Qualified Medical Evaluator (QME) before trial, but the Workers' Compensation Judge (WCJ) closed discovery and set the case for trial. The WCJ found applicant failed to adequately justify the necessity of the QME deposition or explain prior cancellations, especially since defendant represented the case was ready for trial. The Appeals Board adopted the WCJ's reasoning and denied the petition.

Petition for RemovalMinute OrderWCJDiscovery ClosureTrial SettingPanel QMEDr. ShlensMandatory Settlement ConferenceDOREAMS

References

Case No. ADJ7213550

Regular

Dec 30, 2013

MAURICIO AREVALOS vs. MCMANIS FAMILY VINEYARDS, MEADOWBROOK INSURANCE GROUP

The defendant sought removal, arguing that lien claimants failed to provide evidence supporting their claims, which had been dismissed and then twice reinstated by the WCJ. The Appeals Board granted removal, finding the WCJ improperly rescinded dismissal orders without a proper record, trial, or admitted evidence. While acknowledging the WCJ's attempt to preserve resources, the Board noted the elapsed trial date. The case is now returned to the trial level for setting and resolution, with discovery closed as of November 15, 2011.

Petition for RemovalRescinded OrderLien ClaimsCompromise and ReleaseLien ConferencePretrial Conference StatementDismissed LiensPetition for ReconsiderationSubmitted on the RecordAdmitted Evidence

References

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Updated Daily

Case Law Database

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

Case No. ADJ7191038

Regular

Oct 06, 2015

ROBERTO CUEVAS vs. MODERN METHOD ROOFING, INC., MAJESTIC INSURANCE

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantMinute OrderContinue TrialAmended Pre-trial Conference StatementReopen DiscoveryFinal OrderInterlocutory Order

References

Case No. ADJ4617702 (GOL 0098783) ADJ1170523 (GOL 0100196)

Regular

Mar 24, 2015

EVE JOHNSON vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES

Workers Compensation Appeals BoardPetition for RemovalPetition for DisqualificationAdministrative Law JudgeSanctionsMedical-Legal EvaluationLabor CodeRepresented ApplicantUnrepresented ApplicantQME

References

Case No. ADJ2989133 (LAO 0836794) ADJ6672466

Regular

Sep 14, 2015

VENACIO SALAZAR vs. COUNTY OF LOS ANGELES GENERAL HOSPITAL

References

Case No. ADJ8725018

Regular

Jul 19, 2019

ANA VILLANUEVA ROMERO vs. PARKVISTA AT MORNINGSIDE, HARTFORD

F&M RadiologyLien claimantPetition for ReconsiderationDeclarations of Readinessattorney's feescostsexcusable mistake or neglectdue processfair hearingLabor Code section 5813

References

Case No. ADJ9859125, ADJ10002701, ADJ10647312

Regular

Sep 20, 2018

CHRISTOPHER RENFRO vs. YOUNG'S COMMERCIAL TRANSFER, NATIONAL INTERSTATE INSURANCE, SWIFT TRANSPORTATION

References

Case No. ADJ8843441

Regular

Oct 16, 2013

AUSTIN KWOMO vs. LOS ANGELES METROPOLITAN TRANSIT AUTHORITY

Petition for RemovalOrder Off CalendarFurther Development of RecordMedical OpinionsThreshold MatterTrialSubmission for DecisionExhibitsWitnessesSupplementation of Medical Record

References

Case No. 0034531

Regular

Apr 04, 2008

MARK BORDASH vs. CRYOGENIC GROUP, INC., MAJESTIC INSURANCE COMPANY

References

Case No. ADJ6524117

Regular

Mar 24, 2014

Norma Rodriguez vs. Norman Sigel, M.D., Employers Compensation Insurance Company

Petition for RemovalDiscovery ClosureMandatory Settlement ConferenceDue DiligenceAOE/COEStipulated AwardPetition for ContributionIndispensable PartyLay Witness TestimonyEvidentiary Record

References

Case No. ADJ7471626

Regular

Dec 16, 2011

MARINA BILAVER vs. HOLLYWOOD RENAISSANCE HOTEL/MARRIOTT INTERNATIONAL

Petition for RemovalMinute OrderWCJDiscovery ClosureTrial SettingPanel QMEDr. ShlensMandatory Settlement ConferenceDOREAMS

References

Case No. ADJ7213550

Regular

Dec 30, 2013

MAURICIO AREVALOS vs. MCMANIS FAMILY VINEYARDS, MEADOWBROOK INSURANCE GROUP

Petition for RemovalRescinded OrderLien ClaimsCompromise and ReleaseLien ConferencePretrial Conference StatementDismissed LiensPetition for ReconsiderationSubmitted on the RecordAdmitted Evidence

References

Showing 1-10 of 8,559 results

Ready to streamline your practice?

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