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

Case No. ADJ7252567
Regular
Apr 28, 2011

CURT HARRIS vs. CAR QUEST, LIBERTY MUTUAL INSURANCE COMPANY

The applicant, Curt Harris, filed a document requesting a change of venue for his workers' compensation case. This document was not verified and was not served on all parties. The Appeals Board construed this as a petition for removal, which is subject to specific procedural rules. Because the petition was untimely filed and failed to meet verification and service requirements, the Workers' Compensation Appeals Board dismissed it.

Workers' Compensation Appeals BoardPetition for RemovalChange of VenueVerified DocumentTimelinessWCAB Rule 10843PWCJOrder DenyingUnverifiedImproper Service
References
Case No. ADJ4641589
Regular
Mar 24, 2011

RONNEL FANIEL vs. CBS PERSONNEL HOLDINGS dba VENTURI STAFFING PARTNERS, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was not verified as required by Labor Code section 5902. The WCAB noted that even if the petition had been verified, they would have denied it on the merits based on the administrative law judge's report. The defendant's verified answer confirmed proper service of the Notice of Intention to Dismiss. Therefore, the petition for reconsideration was formally dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedVerified AnswerNotice of Intention to DismissEAMSWorkers' Compensation Appeals BoardWCJReport and Recommendation
References
Case No. ADJ738549 (VNO 0522332)
Regular
Dec 17, 2012

JOSE RAMIREZ vs. PEDRO ALARCON, dba ALARCON IMPORTS \u0026 EXPORTS, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jose Ramirez's petition for reconsideration because it was not verified as required by Labor Code section 5902. Had the petition been verified, the WCAB would have denied it on the merits based on the administrative law judge's report, which found the applicant's credibility to be highly persuasive. Furthermore, the WCAB ordered the uninsured employer, Pedro Alarcon, to provide a verified statement of employee numbers as per Labor Code sections 3722(d) and (e) to determine applicable penalties. The WCAB also noted the employer had not secured workers' compensation insurance.

Petition for ReconsiderationVerified StatementLabor Code section 5902Uninsured EmployerWorkers' Compensation Appeals BoardReport and RecommendationWCJCredibilityLabor Code section 3722(d)Labor Code section 3722(e)
References
Case No. ADJ2417702
Regular
Jun 18, 2012

SANDRA MEJIA vs. JACKSON'S CATERING & EVENTS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration in *Mejia v. Jackson's Catering & Events* because it was not verified, violating Labor Code section 5902. Had it been verified, the Board would have denied it on the merits. The lien claimant failed to prove the medical necessity of transportation services, and the defendant was not required to prove compliance with certain notification requirements. The Board also admonished the petitioner for failing to adhere to form requirements for filed documents.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedMedically reasonableNecessaryLabor Code section 4610(g)Medical provider network noticesMPNForm requirements
References
Case No. ADJ3767193
Regular
Nov 28, 2012

MARIA CARMEN LEMUS vs. J. G. BOSWELL COMPANY, ACCLAMATION

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal filed by J.G. Boswell Company and Acclamation against Maria Carmen Lemus. The dismissal was primarily because the Petition was not verified. Even if it had been verified, the WCAB would have denied the petition on its merits, adopting the reasoning of the workers' compensation administrative law judge. Therefore, the Petition for Removal was dismissed in its entirety.

Petition for RemovalDismissalVerified PetitionWorkers' Compensation Appeals BoardWCJ ReportMeritProcedural DefectLegal DocumentAdministrative Law JudgeApplicant
References
Case No. ADJ8589789
Regular
Jun 05, 2014

ANTONIA GARCIA vs. GOGLANIAN BAKERIES, CHUBB GROUP OF INSURANCE COMPANIES

The Workers' Compensation Appeals Board (WCAB) dismissed Antonia Garcia's Petition for Reconsideration against Goglanian Bakeries and Chubb Group of Insurance Companies. The dismissal was based on the petition's failure to meet the verification requirement of Labor Code section 5902. Even if it had been verified, the WCAB would have denied the petition on its merits, adopting the reasoning of the workers' compensation judge.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationVerified PetitionDenied on MeritsWCJ
References
Case No. ADJ7423046
Regular
Aug 20, 2012

MITCHELL CONTE vs. LYONS MAGNUS, INC., TRISTAR RISK MANAGEMENT, AMERICAN ZURICH INSURANCE COMPANY

This case concerns a lien claimant's petition for removal, which the Appeals Board denied. The lien claimant sought to compel discovery of documents from the defendant employer, but their request was deemed "grossly overbroad." The Board noted the lien claimant could have obtained medical reports directly and is not entitled to other documents as they are not a party. The Board also admonished both parties for boilerplate filings that wasted the Board's time.

Petition for RemovalPetition to QuashFirst Request for Production of DocumentsWorkers' Compensation Appeals BoardLien ClaimantOverbroad DiscoveryWCJWalk-through DocumentDeclaration of ReadinessMedical Reports
References
Case No. ADJ8877250, ADJ8877252
Regular
Nov 25, 2015

Tomas Espinoza vs. SBEEG HOLDINGS, LLC, NATIONAL LIABILITY & FIRE INSURANCE COMPANY, HARTFORD INSURANCE COMPANY OF THE MIDWEST

This case involves applicant Tomas Espinoza's petition for reconsideration after his workers' compensation cases were dismissed without prejudice. The dismissal stemmed from his failure to appear at a mandatory settlement conference on May 4, 2015. Espinoza argued good cause existed for his non-appearance, presenting a nearly illegible doctor's note dated September 14, 2015. However, the Workers' Compensation Appeals Board denied the petition, finding the provided documentation did not explain his absence at the crucial May 4th hearing. The Board adopted the WCJ's reasoning that the illegible note did not establish good cause for the initial failure to appear.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeMandatory Settlement ConferenceFailure to AppearDismissal Without PrejudiceGood CauseMedical ReasonsDoctor's NoteIllegible Document
References
Case No. ADJ6846176
Regular
Jun 09, 2010

MARILYN QUAID vs. OLD REPUBLIC TITLE COMPANY, LIBERTY MUTUAL FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Marilyn Quaid's Petition for Reconsideration because it was not verified, a violation of Labor Code section 5902. Even if it had been verified, the WCAB would have denied it on its merits, adopting the reasoning of the administrative law judge. Therefore, the WCAB ordered the Petition for Reconsideration to be dismissed.

Petition for ReconsiderationLabor Code section 5902verifieddismissedWCJ Report and Recommendationdeny on the meritsWorkers' Compensation Appeals BoardLiberty Mutual Fire Insurance CompanyOld Republic Title CompanyMarilyn Quaid
References
Case No. ADJ7148345
Regular
Mar 04, 2011

MICHAEL KELLEY vs. GREEN WASTE CONNECTIONS, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Michael Kelley's petition for reconsideration because it was not verified as required by Labor Code section 5902. The WCAB noted that even if it had been verified, the petition would have been denied on its merits based on the administrative law judge's report. Therefore, the petition is formally dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedReport and RecommendationWorkers' Compensation Appeals BoardAdministrative Law JudgeDenial on the MeritsADJ7148345Green Waste Connections
References
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