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

Case No. ADJ9998190, ADJ9998275
Regular
Nov 09, 2015

HERMINIA A. PAREDES vs. AMERICANA ACTIVEWEAR, LLC, CALIFORNIA INSURANCE COMPANY

This case involves an applicant seeking reconsideration of an order suspending her right to collect compensation in two separate case numbers. The Workers' Compensation Appeals Board granted reconsideration. They vacated the suspension order in one case because a subsequent order addressing the issue was mistakenly issued for only one of the two cases. Both matters are now returned to the trial level for further proceedings and a conference.

Petition for ReconsiderationOrder SuspendingOrder VacatingWCJAppeals Board Rule 10859ADJ9998190ADJ9998275ConferenceTrial LevelVacated
References
Case No. ADJ4182816 (SJO 0253240)
Regular
Mar 09, 2009

MAROOF KHAN vs. MANCO INVESTMENTS, ATLANTIC MUTUAL INSURANCE COMPANY, EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and vacated a prior award because the arbitrator failed to issue a decision within the 30-day statutory limit under Labor Code section 5277. This failure resulted in the forfeiture of the arbitrator's fee and vacated the submission order and stipulations. The case is remanded to the presiding judge for reassignment to a new arbitration due to the violation of mandatory arbitration procedures.

WCABReconsiderationCumulative TraumaContributionLabor Code Section 5277ForfeitureVacatedSubmission OrderStipulationsPresiding Workers' Compensation Judge
References
Case No. ADJ234762, MON 0356645, ADJ2358121, MON 0356646, ADJ2518900, MON 0356647, ADJ3669155, VNO 0479411, ADJ684024, VNO 0479412, ADJ806318, VNO 0547904
Regular
Aug 20, 2013

DALILA CHOTO vs. LSG SKYCHEFS, LIBERTY MUTUAL

The WCAB granted reconsideration to review an Order Approving Compromise and Release (OACR) where a C&R settled claims for $87,000. The applicant seeks to set aside the OACR and strike a clause stating the defendant is not held harmless for treatment outside the MPN, alleging its inclusion was a mistake. The Board vacated the OACR, returning the case for a hearing on the settlement's adequacy by a new WCJ. One Commissioner dissented, arguing the applicant signed the C&R acknowledging understanding and that inadvertence is insufficient grounds to vacate.

Compromise and ReleasePetition for ReconsiderationOrder Approving Compromise and ReleaseMPNmedical liensinadvertencemistakeneglectvacateadequacy
References
Case No. ADJ9202952
Regular
Nov 05, 2018

MARIA LOPEZ vs. KELLERMEYER BERGENSON SERVICES, LLC, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The WCAB dismissed the defendant's Petition for Reconsideration of an Order Vacating, finding the order was not a final decision. However, it granted the defendant's Petition for Removal of that same Order Vacating, deeming it untimely under WCAB Rule 10859. Consequently, the WCAB vacated the Order Vacating, restoring the original July 5, 2018 Findings of Fact. The WCAB also dismissed the lien claimant's Petition for Removal, affirming the July 5, 2018 Findings of Fact which held the lien claimant bound by prior causation findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder VacatingFindings of FactAdministrative Law JudgeLien ClaimantSubstantial PrejudiceIrreparable HarmFinal Order
References
Case No. ADJ9802798
Regular
Sep 14, 2016

Jorge Gonzalez vs. Wire Tech, Inc., Everest National Insurance Co.

Applicant sought to vacate a Compromise and Release (C&R) agreement, alleging he changed his mind about settling his psychological claims before obtaining a psychological evaluation. The Appeals Board granted reconsideration, finding the applicant may have been denied due process by not having his Petition to Vacate fully heard. The case is returned to the trial level for an evidentiary hearing on the applicant's Petition to Vacate the C&R, with all other proceedings stayed pending resolution.

Petition to VacateOrder Approving Compromise and ReleaseDuressUndue InfluencePetition for ReconsiderationPsychological EvaluationVerified PetitionGood CauseEvidentiary HearingDue Process
References
Case No. ADJ2820557 (RDG 0106325), ADJ3301737 (RDG 0110776)
Regular
Oct 18, 2011

DEAN LAGOE vs. GRASS VALLEY FORD by RISK ENTERPRISE MANAGEMENT

The defendant, Grass Valley Ford, petitioned for removal to vacate an order vacating submission, arguing irreparable harm from ongoing temporary disability payments. The WCJ vacated submission due to an insufficient evidentiary record lacking stipulations on temporary disability payments and claimant's claims. The Appeals Board denied the petition, finding the WCJ was correct that a sufficient record was needed for a proper decision. The case is remanded for further proceedings to develop the record.

Petition for RemovalVacating SubmissionInsufficient EvidenceTemporary Disability IndemnityIrreparable HarmStipulated AwardsEAMSCumulative TraumaAmended Minutes of HearingStipulation
References
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
Case No. ADJ9900384 ADJ10047409
Regular
Apr 07, 2016

SARA LOPEZ vs. AIRPORT CENTURY INN, PACIFIC COMPENSATION INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of an approved Compromise and Release (OACR) in a workers' compensation claim. The defendant sought to vacate the OACR due to a claimed mutual mistake regarding the applicant's Social Security benefits. Notably, the applicant also requested the OACR be vacated for the same reason. The Appeals Board granted reconsideration, finding its discretion broader than that of the WCJ when reviewing an OACR via a petition for reconsideration. The Board vacated the OACR, allowing the parties to resolve the issue of Medicare Set Aside and resubmit their settlement.

Petition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseMutual Mistake of FactVacated OrderGood CauseAppeals Board DiscretionLabor Code SectionsMedicare Set AsideHousekeeper
References
Case No. ADJ9286921; ADJ9286927
Regular
Jul 31, 2014

MARIA MADRID vs. SF APPAREL, INC., CYPRESS INSURANCE COMPANY c/o BROOKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted removal, rescinding the trial date and vacating the discovery closure. This was due to procedural issues: no pretrial conference statement was filed, and a petition to join a potentially responsible insurance carrier (ICW) was filed late. The Board also found insufficient medical evidence to support awards, vacating the discovery closure to allow for further development. Commissioner Sweeney concurred with vacating the trial date but dissented on allowing further discovery, arguing the defendant lacked diligence.

Petition for RemovalWCJ Order RescindedTrial Date VacatedMandatory Settlement ConferenceDiscovery ClosureDue ProcessDeclaration of Readiness to ProceedPretrial Conference StatementInsurance Company of the WestPetition for Joinder
References
Case No. ADJ7523126; ADJ8245512
Regular
Feb 24, 2014

SINDIA OCAMPO PEREZ vs. TRI STATE QUALITY STAFFING, LUMBERMENS UNDERWRITING BOCA

Defendant sought reconsideration of an order vacating the dismissal of a lien claim for non-appearance. The Board dismissed the petition as premature, as the vacated order was not a final, appealable decision. Even if treated as a removal petition, it would be denied because the lien was only properly filed in one of the two referenced case numbers. The WCJ's original order vacating dismissal was based on inadvertent dismissal and jurisdictional issues.

Workers' Compensation Appeals BoardJoint Order Vacating DismissalLien ConferenceReconsiderationPetition for RemovalFinal OrderSubstantive RightsNotice of Lien ConferenceWCABLien Claimant
References
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