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

Case No. ADJ6677451
Regular
Dec 24, 2013

ANTONIO VALENZUELA vs. MCCALL'S NURSERIES, INC.; HORTICA INSURANCE & EMPLOYEE BENEFITS

The Appeals Board dismissed the defendant's petition for reconsideration. The Board granted the defendant's petition for removal, finding the WCJ improperly vacated earlier orders dismissing lien claims. The WCJ lacked authority to act after an untimely lien claimant petition for reconsideration. Therefore, the Board rescinded the WCJ's order vacating the lien dismissals.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Vacating Lien DismissalsLien Activation FeeMandatory Settlement ConferenceDue ProcessUltra ViresWCAB Rule 10500(b)WCAB Rule 10859
References
Case No. ADJ6682995
Regular
Apr 14, 2010

NESTOR QUEZADA vs. COSTCO WHOLESALE CORPORATION, Permissibly Self-Insured, adjusted by SEDGWICK

This case concerns a defendant's petition for removal challenging prior orders that mandated the issuance of Qualified Medical Evaluator (QME) panels. The Appeals Board granted removal, finding that the defendant's remedy was to file a petition for removal challenging the initial orders, not to later seek to set them aside. While affirming the core of the orders, the Board struck a provision allowing parties to obtain their own QME reports if panels were not issued, deeming it statutorily unsupported. The matter was returned to the trial level for further proceedings, including the issuance of QME panels.

Workers' Compensation Appeals BoardPetition for RemovalQualified Medical Evaluator (QME)Ex ParteDue ProcessLabor Code Section 4062.2WCAB Rule 10280WCAB Rule 10324Agreed Medical Evaluator (AME)Medical Unit
References
Case No. ADJ8410672
Regular
Nov 19, 2014

HIPOLITO ZARAGOZA vs. ELECTRONIC CONTAINERS SPECIALTIES, INC., OAK RIVER INSURANCE COMPANY

Lien claimants filed a Petition for Removal seeking to rescind Notices of Intent to Sanction and challenge an order based on an "underground regulation." However, the WCJ subsequently issued Findings and Orders disallowing the liens and imposing sanctions. Consequently, the Appeals Board found the Petition for Removal to be moot. The Board dismissed the Petition, advising aggrieved parties to file a Petition for Reconsideration of the Findings and Orders.

Workers' Compensation Appeals BoardPetition for RemovalLien claimantsFindings and OrdersSanctionsAttorney feesDismissalReconsiderationUnderground regulationUltra vires
References
Case No. ADJ2756694 (FRE 0243528), ADJ1531921 (FRE 0217927)
Regular
Mar 27, 2015

ARMIDA TAVARES vs. SUNRISE ASSISTED LIVING OF FRESNO, ROYAL AND SUN ALLIANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior decision that dismissed the applicant's claims for neck, wrist, and hand injuries. The Board found that the applicant's attorney improperly dismissed these claims without her client's full consent or understanding during a settlement conference, which constituted "good cause" to reopen. The WCAB noted discrepancies in the signing of the stipulations and the ink color used for the dismissal language, supporting the applicant's claim of lack of authorization. The case is remanded for further proceedings on the dismissed body parts, and the WCJ is reminded of the requirement for a detailed opinion on decision.

Petition to ReopenStipulated AwardDismissal of body partsUltra viresInadvertent insertionAttorney authorityGood causeContinuing jurisdictionRescind awardTrial level proceedings
References
Case No. ADJ4430352 (SFO 0512000)
Regular
Apr 14, 2013

ERNESTO LEDESMA vs. APOLLO BATH & DESIGN, INC., EMPLOYERS INSURANCE GROUP

The Appeals Board granted the defendant's petition for removal, reversing the WCJ's denial of their request to set aside prior orders. While the defendant's procedural arguments regarding due process were not reached, the Board agreed that a provision in the prior order allowing parties to obtain their own QME reports was statutorily unjustified. The Board amended the prior orders to delete this provision and ordered the Medical Unit to issue QME panels, returning the matter for further proceedings.

Petition for removalEx parteDue processQME panelMedical UnitAgreed Medical Evaluator (AME)Ultra viresWCJLabor Code section 4062.2WCAB Rule 10280
References
Case No. ADJ2403735
Regular
Feb 27, 2025

MICHAEL CROUGH vs. MCDONNELL DOUGLAS/BOEING, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for FREMONT INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of Findings of Fact regarding the defendant's petition for credit for permanent disability advances. The defendant, McDonnell Douglas/Boeing and California Insurance Guarantee Association, sought a credit of $34,738.40, arguing it was due under a prior Stipulation with Request for Award. However, the Board found that the defendant failed to provide evidence demonstrating that equity favored the allowance of the credit or to specify against which benefits the credit would apply. Consequently, the Board affirmed the original Findings of Fact, amending them to explicitly deny the defendant's petition for credit of overpayment of permanent disability benefits.

California Workers CompensationPetition for ReconsiderationStipulation with Request for AwardPermanent Disability AdvancesCredit for OverpaymentLabor Code Section 5909Labor Code Section 4909Equitable PrinciplesWCAB Rule 10555Burden of Proof
References
Case No. ADJ3465664 (AHM 0133582)
Regular
Jul 23, 2012

MARIA DUARTE vs. GREENFIELD CARE CENTER OF FULLERTON, CAREWEST CLAIMS MANAGEMENT, PEGASUS

The Workers' Compensation Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's prior orders. The WCJ improperly ordered an Agreed Medical Evaluator (AME) to select additional specialists and obtain evaluations, exceeding his authority. The Appeals Board clarified that AMEs cannot designate additional evaluators and that further evaluations must follow statutory procedures. The case was returned to the trial level for further proceedings.

Petition for RemovalAgreed Medical Evaluator (AME)Qualified Medical Evaluator (QME)Off CalendarMandatory Settlement Conference (MSC)Ultra ViresRescind OrderDevelop the RecordAdministrative Director RuleLabor Code sections 4061 and 4062
References
Case No. ADJ3883893 (NOR 0153553)
Regular
Apr 29, 2016

Steven Scoggins vs. Ultra-Mar, Inc., Broadspire

This case concerns a lien for radiology services that was allowed by a WCJ despite the defendant claiming defective service. The defendant argued they never received proper notice of the lien claim or the subsequent order allowing it due to outdated address information in the system. The Appeals Board granted reconsideration, rescinded the order allowing the lien, and returned the case to the trial level. This action was based on defective service of the order, making the defendant's petition for reconsideration timely.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Allowing LienNotice of Intention (NIT)Compromise and Release (OACR)EAMSService of ProcessOfficial Address RecordWCJLien Conference
References
Case No. ADJ8922246; ADJ8975177
Regular
Jul 24, 2015

MARK WILLIAMS vs. UNITED PARCEL SERVICE, LIBERTY MUTUAL, ULTRA VINYL SYSTEMS, INC., TRAVELERS

The Workers' Compensation Appeals Board denied the petitioner's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The Board found that the petitioner failed to demonstrate such harm, nor that reconsideration would be an inadequate remedy. The judge's report, adopted by the Board, cited a history of attorney non-appearance and lack of justification for requested fees as reasons for withholding attorney fees pending a hearing.

WCABPetition for RemovalSubstantial PrejudiceIrreparable HarmReconsiderationAttorney FeesCompromise and ReleaseWCJVenueApplicant Attorney
References
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