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

Case No. ADJ3714425 (FRE 0234250) ADJ896033 (FRE 0171714)
Regular
Aug 22, 2014

MICHAEL WRIGHT vs. STAR MEDIA, TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

The Workers' Compensation Appeals Board granted reconsideration, rescinding a WCJ's order that enforced a reimbursement order against Travelers Indemnity Company. The Board found the reimbursement order void *ab initio* due to procedural due process infirmities. Specifically, the "self-destruct" clause in the order did not comport with due process protections outlined in precedent cases like *Mitchell v. Golden Eagle Ins.*, failing to guarantee a review of objections or automatically void the order upon valid objection. Therefore, Travelers' due process rights were violated, necessitating the rescission of the WCJ's findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder for ReimbursementCalifornia Insurance Guarantee Association (CIGA)Cumulative Trauma InjuryAgreed Medical Examiner (AME)ApportionmentDue ProcessSelf-Destruct ClauseVoid Ab Initio
References
2
Case No. ADJ7965938
Regular
Jul 08, 2013

ALDO GUTIERREZ vs. PROGRESSIVE INTERNATIONAL SECURITY, GALLAGHER BASSETT

The Workers' Compensation Appeals Board granted the applicant's Petition for Removal, finding that the prior Order of Dismissal was void because it violated WCAB Rule 10582 by not following proper dismissal procedures and instead included a clause making it voidable by objection. The Board rescinded both the void Order of Dismissal and subsequent related orders that were predicated on its validity. The case is returned to the trial level for further proceedings.

Petition for RemovalOrder of DismissalDeclaration of Readiness to ProceedLack of ProsecutionWCAB Rule 10582Void ab initioPetition to ReopenMandatory Settlement ConferenceWorkers' Compensation Appeals BoardIndustrial Injury
References
0
Case No. MISSING
Regular Panel Decision

Bell Aircraft Corp. v. Siegler

The court affirmed both the final and intermediate orders without costs in this matter. The case primarily involved an appeal from an order that had found several defendants guilty of criminal contempt of court. Additionally, the appeal also addressed an order which denied a motion seeking to resettle an order of commitment. Furthermore, a motion to vacate and perpetually stay the orders of commitment was also denied. All presiding judges concurred with the decision.

Criminal ContemptOrder of CommitmentResettlement MotionVacate MotionStay OrdersAppellate ReviewOrder AffirmedJudicial Concurrence
References
1
Case No. ADJ3627123 (VNO 0405505)
Regular
Apr 27, 2017

RODOLFO TIRONA vs. COUNTY OF LOS ANGELES/LAC-USC MEDICAL CENTER, TRISTAR RISK MANAGEMENT

Here's a summary for a lawyer: The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of an Order Allowing Lien. The original judge vacated that order but did so after the statutory 15-day period for amendment had expired, making the vacating order void. However, the WCAB affirmed the vacating order, deeming the late service a clerical error and concluding the judge intended to timely rescind the original lien order. Consequently, the Order Allowing Lien has been rescinded.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Allowing LienVacating OrderWCJWCAB Rule 10859Clerical MistakeAffirmRosa TironaCounty of Los Angeles
References
1
Case No. SAU8840977
Regular
Nov 03, 2025

ERIC BRAGER vs. RKL TECHNOLOGIES, CENTER FOR BETTER HEALTH dba SOUTHLAND SPINE AND REHABILITATION

Liaison counsel for insurance carriers sought reconsideration or removal of a Discovery Order issued by a workers' compensation administrative law judge (WCJ) on August 1, 2025, which voided prior orders and mandated refiling of documents. The carriers argued lack of jurisdiction, insufficient evidence, and violation of due process, while a lien claimant opposed, asserting the judge was disqualified. The Workers' Compensation Appeals Board denied reconsideration, finding the Discovery Order was not a final order, but granted removal, concluding the order violated due process due to lack of notice and a fair hearing. Consequently, the Appeals Board rescinded the Discovery Order and returned the matter for further proceedings to properly adjudicate the allegations against the prior WCJ's orders.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalDiscovery OrderVoiding Prior OrdersDisqualification of JudgeDue ProcessFair HearingLabor Code Section 5909Labor Code Section 5313
References
15
Case No. ADJ8149506
Regular
Jul 19, 2017

MARTHA BELTRAN vs. KIMCO STAFFING/KIMSTAFF HR, SEDGWICK CMS

Here's a concise summary for a lawyer: A Petition for Reconsideration was filed by a lien claimant on June 9, 2017, challenging Findings and Orders issued on May 15, 2017. The Workers' Compensation Judge (WCJ) issued an order rescinding those Findings and Orders on June 26, 2017. However, this rescission occurred 16 days after the petition, exceeding the 15-day limit under Rule 10859, rendering the rescission order void. The Workers' Compensation Appeals Board (WCAB) granted reconsideration to affirm the WCJ's intent, validating the rescinded Findings and Orders.

WCABPetition for ReconsiderationOrder RescindingFindings and OrdersAdministrative Law JudgeLien ClaimantVoid OrderAffirm OrderKimco StaffingSedgwick CMS
References
0
Case No. MISSING
Regular Panel Decision
Mar 18, 2008

Sirius American Insurance v. Burlington Insurace

The Supreme Court, Appellate Division, First Department, modified an earlier order concerning an insurance policy dispute. The court ruled that Burlington Insurance Company's policy issued to K.J.S. Construction Inc. was void ab initio due to material misrepresentations made during the application process, particularly regarding undisclosed demolition work. Consequently, the appellate court granted Burlington's cross-motion for summary judgment and denied plaintiffs' motion, which sought a declaration that the policy was still in effect and that Burlington's disclaimer of coverage was untimely. The decision also noted that Artimus Construction, Inc. was not a named or additional insured on the policy.

Insurance PolicyMaterial MisrepresentationVoid Ab InitioSummary JudgmentDisclaimer of CoverageAdditional InsuredGeneral ContractorSubcontractorDemolition WorkUnderwriting
References
8
Case No. MISSING
Regular Panel Decision

People v. Cuadrado

The Supreme Court granted the defendant's motion under CPL 440.10, vacating an earlier conviction for first-degree assault, due to a perceived jurisdictionally defective waiver of indictment. The Appellate Division reversed this order, denying the defendant's motion and reinstating the original conviction and sentence. The majority held that CPL 440.10(2)(c) bars the defendant from raising an issue in a collateral attack that could have been reviewed on direct appeal, even if it concerns a jurisdictional defect. The court rejected the argument that applying this statutory bar in such a case would be unconstitutional. The dissenting opinion argued that the conviction was void ab initio because the waiver of indictment violated CPL 195.10(2)(b), asserting that such a fundamental jurisdictional defect cannot be procedurally waived.

Criminal ProcedureCPL 440.10Waiver of IndictmentJurisdictional DefectCollateral AttackAppellate ProcedureDue ProcessSuperior Court InformationConstitutional RightsJudgment Vacatur
References
34
Case No. ADJ9668991
Regular
Dec 22, 2017

SALVADOR VARGAS, vs. EXCEL STAFFING, SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY, PACKARD CLAIMS ADMINISTRATION

The Appeals Board dismissed the defendant's Petition for Reconsideration of an order vacating a Notice of Intent to dismiss a lien, finding it was not a final order. The Board granted the Petition for Removal, rescinded the September 29, 2017 order, and returned the matter to the trial level. This action was taken because the lien had already been dismissed by a prior order on August 15, 2017, making the subsequent order to vacate it erroneous. However, the Board noted the lien claimant's assertion of an automatic stay under Labor Code section 4615 due to alleged fraud charges, which, if proven, would render the August 15, 2017 dismissal void.

Salvador VargasExcel StaffingSoutheast Personnel LeasingState National Insurance CompanyPackard Claims AdministrationCalifornia Imaging Beverly HillsWCABPetition for ReconsiderationPetition for RemovalOrder Dismissing Lien
References
9
Case No. MISSING
Regular Panel Decision

In re B.H. Children

This case addresses the Family Court's authority to issue an order of protection on behalf of foster care agency employees in a child protective proceeding. MercyFirst, a foster care agency, sought an order of protection against a respondent father to safeguard its caseworkers, L.S. and S.H., from alleged threats and harassment. Presiding Judge Emily M. Olshansky ruled that the Family Court lacked subject matter jurisdiction to grant such an order, as New York statutes do not explicitly extend protection to foster care agency employees in this context. Consequently, the agency's motion for an order of protection was denied, and a subsequent motion for contempt related to a temporary order, which the court found void due to lack of jurisdiction, was also denied.

Family Court JurisdictionOrder of Protection AuthorityChild Protective ServicesFoster Care Worker SafetyStatutory Interpretation New YorkContempt of Court GroundsLimited Jurisdiction CourtsLegal StandingAgency Employees RightsJudicial Review of Statutes
References
28
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