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Case Law Database

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

Case No. SAC 0225494
Regular
Nov 09, 2007

Garry Seabrooks vs. BFI Medical Waste Systems, Risk Services

The Workers' Compensation Appeals Board denied Garry Seabrooks' petition for reconsideration and disqualification of the administrative law judge. Seabrooks alleged the judge engaged in improper conduct, including accepting bribes, but the Board found these claims unsupported and not credible. The Board adopted the judge's report and warned Seabrooks against further unsubstantiated allegations.

Workers' Compensation Appeals BoardPetition for ReconsiderationDisqualificationAdministrative Law JudgeBribery AllegationsImproper ConductUnsupported AllegationsSanctionsPropria PersonaDefendant's Answer
References
Case No. ADJ10612569
Regular
Mar 12, 2018

Patrick Wilder vs. The Ryan Company, Old Republic Insurance Company

This case concerns a defendant's petition for reconsideration of an award of temporary total disability (TTD) benefits to the applicant, Patrick Wilder. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the finding that Wilder sustained an injury to his left ankle and was temporarily totally disabled. The defendant failed to prove that Wilder was terminated for cause, which would have potentially ended his TTD benefits, and the WCAB found no credible evidence to support their allegations of misconduct or availability of modified duty. The WCAB also admonished the defendant and their counsel for making unsubstantiated factual claims in their petition, warning of potential sanctions.

Workers Compensation Appeals BoardPatrick WilderThe Ryan CompanyOld Republic Insurance CompanyGallagher Bassett ServicesInc.ADJ10612569Bakersfield District OfficePetition for ReconsiderationFindings Orders and Award
References
Case No. ADJ9549789, ADJ10928268
Regular
May 05, 2025

IVAN MIRAMONTES vs. LOS ANGELES METROPOLITAN TRANSIT AUTHORITY

Applicant Ivan Miramontes sought reconsideration of a Joint Findings and Award from January 27, 2025, which found industrial injury to his psyche and specific body parts with assigned permanent disabilities. Applicant raised contentions including defective service, mischaracterization of his primary orthopedic doctor, alleged attorney failure, and reliance on unsubstantial medical evidence, particularly regarding Dr. Faddoul's report. The Appeals Board granted reconsideration solely to admit specified exhibits into evidence to correct a clerical error by the WCJ. The Board otherwise affirmed the WCJ's findings, concluding that the petition was timely filed and the applicant's other contentions lacked merit.

Petition for ReconsiderationJoint Findings and AwardIndustrial InjuryPsycheHipsChestNeckWristShouldersPermanent Disability
References
Case No. ADJ10778928
Regular
Dec 10, 2018

DINA CASTILLO vs. AMERICAN APPAREL USA, LLC, Administered by CORVEL CORPORATION, NEW HAMPSHIRE INSURANCE COMPANY, Adjusted by ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the applicant's Petition for Disqualification of the WCJ. The Board found the petition lacked specific factual allegations required by rule, failing to establish grounds for bias or prejudgment under relevant code sections. Consequently, the petition was denied, and the applicant's attorney received an admonishment for filing a non-compliant petition and making unsubstantiated allegations.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ DisqualificationCode of Civil Procedure section 641Labor Code section 5311Appeals Board Rule 10452Affidavit or DeclarationPenalty of PerjuryGrounds for DisqualificationBias and Prejudice
References
Case No. ADJ10719993
Regular
Feb 25, 2019

GEORGE AGHAEGBUNA vs. KINDRED BAY HOSPITAL, ARCH INSURANCE, SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration. The applicant alleged forgery by the defendant in the settlement documents approved by the WCJ. Because these allegations were unsubstantiated by evidence, the Board treated the petition as a request to set aside the order and returned the case to the trial level for a hearing. The WCJ will now consider the forgery claims and issue a new decision.

ForgeryPetition for ReconsiderationOrder Approving Compromise and ReleaseWCJPetition to Set AsideGood CauseStipulationLabor Code Section 5803Penal Code Section 470FRCP Rule 11
References
Case No. ADJ1988796 (OXN 0126081) ADJ4225705 (OXN 0126083)
Regular
May 09, 2012

JULIE ANN CABEZA vs. MARY HEALTH OF THE SICK, REDLAND INSURANCE

Attorney Hannan petitioned to disqualify WCJ Glass based on allegations of a conspiracy with other WCJs to penalize her and her clients. The Appeals Board denied the petition, finding insufficient specific facts and evidence to support the claims of bias. Hannan failed to provide required witness declarations and her allegations largely repeated prior contentions. The Board concluded the petition was untimely and lacked the necessary evidentiary support for disqualification.

Petition for disqualificationWCJ biasconspiracy allegationslien claimantattorney misconducttimely filingevidencejudicial impartialityADA accommodationwitness declarations
References
Case No. ADJ2948353 (SAL 0116403) ADJ803362 (SAL 0116404) ADJ2320380 (SAL 0116407)
Regular
May 04, 2009

BRIAN CARRASCO vs. CLARK PEST CONTROL, GALLAGHER BASSETT

The applicant filed a petition alleging bias by the WCJ based on 21 instances of alleged misconduct. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for removal, finding it untimely and unverified, as the applicant did not claim to be aggrieved by the last order and the petition was filed beyond the 20-day limit. Furthermore, the Board denied the disqualification petition because it was not supported by a verified affidavit and the judge in question was not currently assigned to the cases for trial. These procedural deficiencies led to the dismissal of the removal petition and denial of the disqualification petition.

Petition for RemovalPetition for DisqualificationAdministrative Law JudgeWCJ Steven D. TuanBias AllegationsUntimely PetitionUnverified PetitionWCAB Rule 10843WCAB Rule 10452Labor Code Section 5310
References
Case No. ADJ3687516 (OXN 0126293)
Regular
Dec 22, 2011

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, JULY SUESUE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICA TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISE INSURANCE, CRAWFY AND COMPANY, CITY OF LONG BEACH

Attorney M. Francesca Hannan sought reconsideration and disqualification of judges, alleging a conspiracy to dismiss her clients' liens and impose sanctions. The Board consolidated seven cases, designating *Anaya* as the master file, and ordered Hannan to provide a detailed factual response supporting her claims. Hannan requested a 120-day extension to file due to issues with mail delivery and requested a waiver for a lien trial transcript cost. The Board granted a 60-day extension for the response, but denied the waiver for the transcript cost, citing lack of justification and untimeliness of the bias allegation regarding the transcript.

Workers' Compensation Appeals BoardDisqualification petitionAdministrative Law JudgeBias allegationsExtension of timeVerified responseLien trial transcriptSanctionsAttorney's feesConsolidation of cases
References
Case No. ADJ2661017
Regular
May 17, 2010

HECTOR AGUILAR vs. AMZ PACKAGING, INC., EVEREST NATIONAL INSURANCE COMPANY

This case concerns a dispute over the division of attorneys' fees between former counsel, Lionel Giron, and current counsel, Charles Clark, from a settlement of $25,000. The WCJ initially awarded $600 to Giron and $3,150 to Clark. After a contested hearing involving allegations of fraud by Clark against Giron, the WCJ issued an order vacating the prior division. Due to contested notice issues and alleged prior commitments preventing Giron's appearance at a subsequent hearing, the Appeals Board granted reconsideration. The Board rescinded the WCJ's February 23, 2010 Findings and Order and returned the matter for a new hearing to allow Giron to present his case on fee division.

Workers' Compensation Appeals BoardADJ2661017LAO 0841910AMZ PackagingInc.Everest National Insurance CompanyLien claimantReconsiderationWCJ Findings and OrderCompromise and Release
References
Case No. ADJ1486247 (OXN 0143747) ADJ4223931 (OXN 0141326)
Regular
May 09, 2012

JUAN JOSE GONZALEZ vs. J. M. SMUCKERS as Administered by SPECIALTY RISK SERVICES, AMERICAN TECHNOLOGIES, INC., as administered by AIG DOMESTIC CLAIMS, INC.

This case concerns a petition for disqualification of Workers' Compensation Judge Morgan, filed by attorney M. Francesca Hannan. Hannan alleged that Judge Morgan and other judges conspired to dismiss her clients' liens and impose sanctions due to her medical issues causing delayed appearances. The Appeals Board denied the petition, finding the allegations unsubstantiated and the petition untimely. Hannan failed to provide specific facts or witness declarations to support her claims of bias.

Workers' Compensation Appeals Boarddisqualificationadministrative law judgelienssanctionsbiasimpartialitypetition for disqualificationmandatory settlement conferencelien claimant
References
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