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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8162003
Regular
Dec 17, 2014

MARIA GUIZAR vs. CROWN PLAZA HOTEL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY, PATRIOT RISK SERVICES

Defendant sought removal, arguing a trial date was set prematurely before a mandatory settlement conference. The Board reviewed the case and found the petition moot because the parties appeared for trial on the scheduled date and jointly requested the case be taken off calendar. The trial judge also effectively nullified the prior order the defendant objected to. Therefore, the Petition for Removal was dismissed as the issues raised were resolved.

Petition for RemovalMandatory Settlement ConferenceOrder Vacating JoinderWCJWorkers' Compensation Appeals BoardMootStatus ConferenceTrial DateDiscoveryStipulations
References
Case No. ADJ6676904
Regular
May 26, 2010

LOUIS BULLARD vs. CLEVELAND BROWNS, SEATTLE SEAHAWKS, Baltimore Ravens

This case involves a professional athlete claiming workers' compensation injuries from two NFL teams. The Appeals Board granted the defendant's petition for removal after the applicant's death during the pendency of the case. The trial date was vacated, and the matter was returned to the trial level for a priority conference. This is due to the need to address accrued benefits payable to dependents and to potentially identify and join them as parties.

Petition for RemovalWorkers' Compensation Appeals BoardProfessional AthleteMandatory Settlement ConferenceContinued to TrialJoinder as Party-DefendantFurther DiscoveryApplicant's DeathAccrued and Unpaid BenefitsSurviving Dependents
References
Case No. MON 343917
Regular
Feb 21, 2008

JAMES BROWN vs. EL SEGUNDO UNIFIED SCHOOL DISTRICT, SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES, INC.

The defendant school district petitioned for removal to request reversal of an order continuing the case to trial. The Appeals Board granted the removal, vacating the trial date. This action allows for further medical development by the agreed medical evaluator, who requires additional applicant testimony for causation and apportionment opinions.

Petition for RemovalAgreed Medical EvaluatorCausationApportionmentMedical Record DevelopmentDiscoveryVacation of Trial DateReturned to Trial Level
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. ADJ7491692; ADJ7491686 ADJ7491689
Regular
May 07, 2012

KIM TOWNSEND vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to allow the Los Angeles Unified School District to complete discovery. The Board agreed with the WCJ's recommendation to vacate the trial date of May 10, 2012. Consequently, the matters will remain off calendar until further discovery is concluded.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeDiscoveryVacated Trial DateOff CalendarDefendant's PetitionApplicantLos Angeles Unified School DistrictCase Numbers
References
Case No. VNO 451974
Regular
Jan 28, 2008

JUDY STRAUTNER vs. HRI, TROVER SOLUTIONS, ACE INSURANCE c/o AIMS

The Appeals Board granted the defendant's Petition for Removal, vacating the January 30, 2008 trial date. This decision was based on the defendant's contention that it would suffer significant prejudice due to incomplete discovery, specifically the cross-examination of an Agreed Medical Evaluator (AME) scheduled for February 20, 2008. The case is returned to the trial level for a mandatory settlement conference after the AME's deposition.

Petition for RemovalAgreed Medical EvaluatorAME depositionvacate trial datemandatory settlement conferenceWorkers' Compensation Appeals BoardWCJdiscovery completionprejudicestatus conference
References
Case No. VNO 0446654 VNO 0446655 VNO 0446656 VNO 0447607
Regular
Aug 18, 2008

CLARA LOSURDO vs. LAS VIRGENES UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

Defendant Las Virgenes Unified School District successfully petitioned for removal, vacating a trial date and rescinding an order to proceed on three family-filed home health care liens totaling $299,500. The Board found the applicant's case, including the liens, was not ready for trial due to a lack of evidence and disclosed witnesses, and that the defendant was denied essential discovery rights. The Board remanded the case to allow for discovery on the necessity, reasonableness, and actual performance of the claimed home health care services. Furthermore, the liens will not be tried until the disputed body parts injured are resolved.

RemovalHome Healthcare LiensApplicant's RelativesDiscovery RightsReasonableness and NecessityBurden of ProofPretrial Conference StatementDeclaration of Readiness to ProceedMandatory Settlement ConferenceParts of Body Injured
References
Case No. SRO 0116034
Regular
Jul 05, 2007

ELENORA ROBINSON vs. RAPISTAN SYSTEMS, FIREMAN'S FUND

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of an order vacating a trial date. This denial was based on the principle that a final adjudication of the applicant's Labor Code section 132a claim had already occurred and all subsequent appeals were exhausted. Furthermore, the Board found it lacked jurisdiction to reopen a section 132a claim due to statutory time limitations, as the petition to reopen was filed more than five years after the date of injury.

Labor Code section 132aPetition to ReopenOrder Vacating Trial DateWorkers' Compensation Appeals Boardfinal adjudicationjurisdictionarbitrarycapriciousPetition for Reconsiderationres judicata
References
Case No. SAC 0349246
Regular
Dec 10, 2007

LORENZO CIGARROA vs. ENERGETIC LATH & PLASTER, INC., ZURICH NORTH AMERICA

The Applicant requested removal to vacate a trial date and reopen discovery, citing the need for further medical evaluations. The Workers' Compensation Appeals Board denied the petition, finding no significant prejudice or irreparable harm to the Applicant. The Board noted that the judge could order supplementation of the record if necessary and that reconsideration would be available after a final order.

Petition for RemovalRescind OrderVacate Trial DateMandatory Settlement ConferenceQualified Medical EvaluatorDepositionSpinal Range of MotionPsychological Pain EvaluationReevaluationSupplementation of Record
References
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