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

Case No. ADJ7618189
Regular
Nov 26, 2012

RUBEN OROZCO vs. EXACT STAFF, INC.; TOWER/NSM INSUREX, Administered by YORK INSURANCE SERVICES GROUP

This case involves lien claimants Anderson Chiropractic and Santana Lopez seeking reconsideration of an order disallowing their liens. The Workers' Compensation Appeals Board granted reconsideration because a crucial exhibit, Exhibit 6, was incomplete in the record. Lien claimants are ordered to file a complete copy of Exhibit 6 within 10 days to allow the Board to properly review the case. This action is necessary for the Board to study the facts and applicable law concerning the disallowed liens.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantsFindings and OrdersDisallowed liensExhibit 6Administrative law judgeWCJSupplemental pleadingSan Francisco
References
0
Case No. ADJ394613 (VNO 0530712) ADJ2266356 (VNO 0530710)
Regular
Apr 01, 2016

MARIA ESTRELLA vs. NATIONAL EXPRESS CORPORATION

The Workers' Compensation Appeals Board (WCAB) granted removal to a lien claimant after a judge excluded four exhibits. The WCAB found that two of the excluded exhibits, representing certifications and financial interest notifications, were sufficiently listed on the Pre-Trial Conference Statement. Therefore, the WCAB admitted these two exhibits into evidence, amending the judge's prior order. The remainder of the judge's order, excluding the other two exhibits, was affirmed.

Petition for RemovalLien ClaimantWorkers' Compensation Appeals BoardWCJExhibitsPrejudiceIrreparable HarmPre-Trial Conference StatementServiceNotification of Certification
References
1
Case No. ADJ1856849
Regular
Aug 21, 2014

ROGELIO MERLOS vs. AJ SLENDERS DAIRY, ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board (WCAB) notice indicates they are reconsidering a prior ruling that excluded defendant's exhibits A through M as irrelevant. The WCAB believes these exhibits may be relevant to the issues presented at trial. Absent timely written objection demonstrating good cause, these exhibits will be admitted into evidence. This decision will inform the final determination on the defendant's petition for reconsideration.

Petition for ReconsiderationExhibits A through MWCJNotice of Intention to Admit EvidenceWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeGood CauseWritten ObjectionDemonstration of Good CauseService of Notice
References
0
Case No. ADJ8583264, ADJ8583294
Regular
Aug 01, 2019

MARICELA MACEDO vs. KINGSBURG APPLE PACKERS, INC., ZENITH INSURANCE

Here's a concise summary for a lawyer: The Workers' Compensation Appeals Board denied a lien claimant's petition to disqualify the judge. The claimant alleged bias based on the judge's statements regarding late-filed exhibits and a violation of due process for not admitting their trial exhibits. The Board found no evidence of an unqualified opinion or enmity sufficient for disqualification. Furthermore, the issue of exhibit admissibility was deemed premature as the judge had not yet made a decision.

Lien claimantDisqualificationWCJDue processTrial exhibitsPre-trial ordersEx parte communicationPetition for reconsiderationOrder vacating submissionLabor Code section 4622
References
0
Case No. ADJ9149274
Regular
Aug 09, 2018

JACQUELINE BOWLER vs. AC TRANSIT, YORK RISK SERVICES GROUP, INC.

This Workers' Compensation Appeals Board decision grants reconsideration to admit defense Exhibit A into evidence. The applicant argued the temporary disability rate was too low and that the WCJ failed to rule on Exhibit A's admissibility. The Board affirmed the WCJ's award of $700.00 per week for temporary disability, finding it consistent with the applicant's earnings at the time of injury, but overruled the objection to Exhibit A. The Board also ordered reimbursement to the EDD for benefits paid.

Petition for ReconsiderationFindings and AwardTemporary Total DisabilityTemporary Disability Indemnity RateLabor Code section 4661.5Average Weekly WageExhibit A admissibilityPetition for Attorney's FeesWCJ ReportDecision After Reconsideration
References
0
Case No. ADJ7159838 ADJ7550047
Regular
Jul 29, 2014

ALMA PELAYO vs. ASSOCIATED LIEN SERVICES

Applicant Alma Pelayo sought reconsideration of a prior decision that found no violation of Labor Code section 132(a) and ordered her to take nothing further. Pelayo argued the judge erred in this finding and in failing to rule on the admissibility of her Exhibit 15. The Appeals Board granted reconsideration solely to admit Pelayo's Exhibit 15 and defendant's Exhibits A1, A2, and A3. The Board otherwise affirmed the original decision, meaning Pelayo still takes nothing further.

Workers' Compensation Appeals BoardLabor Code section 132(a)Findings and OrderPetition for ReconsiderationWCJApplicant's Exhibit 15Defendant's Exhibits A1A2A3admissible evidence
References
0
Case No. ADJ2519091 (LAO 0824930) ADJ4160066 (LAO 0824931) ADJ188382 (LAO 0828971)
Regular
Aug 18, 1941

MARIA MARXUACH vs. WESTIN BONAVENTURE HOTEL, ZURICH NORTH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied reconsideration in this case, upholding the judge's decision. Discovery closed by operation of law on September 12, 2007, and the applicant's attorneys failed to demonstrate due diligence in listing crucial medical reports as exhibits prior to this closure. Despite numerous continuances and attempts to amend the exhibit list, discovery was never formally reopened. The Board adopted the judge's reasoning that the applicant did not establish why the exhibits could not have been presented with reasonable diligence before discovery closed.

Mandatory Settlement ConferencePre-trial conference statementdiscovery closureadministrative law judgePetition for Reconsiderationreopen discoverydue diligenceexhibition listWCJ reportWorkers' Compensation Appeals Board
References
0
Case No. ADJ8944426, ADJ8942895
Regular
Dec 22, 2014

DAVID POSHOGLYAN vs. HOLLIDAY ROCK COMPANY, INC., INSURANCE COMPANY OF THE WEST, XL SPECIALTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied reconsideration of a decision finding applicant sustained injury arising out of and in the course of employment. Defendants argued certain exhibits were improperly admitted due to lack of service and that the decision was vague. The Board adopted the WCJ's report, which found the exhibits were properly admitted or any error was harmless, and that the decision adequately addressed the stipulated facts. The WCJ's report detailed why the exhibits were admissible despite service issues and explained that further clarification on body parts or liability was not required at this stage of the proceedings.

ADJ8944426ADJ8942895PoshoglyanHolliday Rock CompanyInsurance Company of the WestXL Specialty Insurance CompanySedgwickPetition for ReconsiderationDeniedWCJ Report
References
0
Case No. ADJ7934540 ADJ7934544
Regular
Jan 13, 2020

JUAN LOPEZ vs. JOHN A. VAN LEEUWEN DAIRY, ZENITH INSURANCE COMPANY, IMPERIUM INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimants after a WCJ excluded their exhibits due to failure to submit exhibit lists with the Pretrial Conference Statement (PTCS). The WCAB found that lien claimants demonstrated good cause, citing excusable neglect by their representative and the constitutional mandate for substantial justice and due process. Therefore, the WCAB rescinded the WCJ's order and returned the matter for further proceedings, allowing lien claimants to amend the PTCS with their exhibit lists. This decision prioritizes a decision on the merits over procedural omissions in this case.

WCABPetition for ReconsiderationJoint Findings and Orderslien claimantsWCJPretrial Conference Statement (PTCS)excusable neglectFox v. Workers' Comp. Appeals Bd.substantial justicedue process
References
10
Case No. ADJ8603938
Regular
Sep 18, 2015

MACARIO IGLESIAS vs. ABE EL PRODUCE, INSURANCE COMPANY OF THE WEST

Here's a summary of the case for a lawyer: The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration, upholding the administrative law judge's exclusion of their exhibits. The exhibits were deemed untimely filed as they were received by the Board less than 20 days before trial, contrary to a pre-trial order. The Board confirmed that the relevant Appeals Board rule regarding filing dates had not been repealed and that the lien claimant failed to meet their burden of proof. A dissenting opinion argued the pre-trial order was potentially ambiguous and that the exhibits should have been admitted given timely service and no prejudice to the defendant.

Workers Compensation Appeals BoardLien claimantPetition for ReconsiderationFindings and OrderWorkers' Compensation Appeals Judge (WCJ)ExhibitsTimely filedRepealed ruleRule 10392Pre-trial conference
References
3
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