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

Case No. ADJ494384 (LAO 0840063)
Regular
Mar 29, 2012

PEDRO MARCELINO vs. CARL'S JR.; TRAVELERS INSURANCE COMPANY

This case concerns lien claimant Rite Away Transportation's petition for reconsideration. The administrative law judge disallowed their lien because they failed to produce exhibits by the court-ordered deadline and did not properly verify their petition. The Appeals Board dismissed the petition for reconsideration, noting the lien claimant's failure to verify despite explicit notice from the judge. Even if verified, the petition would have been denied on the merits due to the untimeliness of evidence submission.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrdersIndustrial InjuryDue ProcessLabor Code section 5902VerificationDismissedWCJ
References
1
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
0
Case No. ADJ911235 (LAO 0802012)
Regular
Feb 03, 2011

JUAN GALVAN vs. GEO TILE, STATE COMPENSATION INSURANCE FUND

This case involves a Petition for Reconsideration filed by applicant Juan Galvan. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was not verified, violating Labor Code section 5902. The WCAB also stated that even if the petition had been properly verified, it would have been denied on its merits. Therefore, the petition was dismissed in its entirety.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedReport and RecommendationWCJMeritsWorkers' Compensation Appeals BoardState Compensation Insurance FundJuan Galvan
References
2
Case No. ADJ862717 (LAO 0688164)
Regular
Oct 13, 2010

MICHAEL WORDEN vs. GARDENA POLICE DEPARTMENT, CORVEL CHINO, ADMINSURE DIAMOND BAR

This case involves Michael Worden's petition for reconsideration before the Workers' Compensation Appeals Board. The Board is dismissing the petition because it was not properly verified as required by Labor Code section 5902. Even if it had been verified, the Board would have denied the petition on its merits, adopting the Administrative Law Judge's reasoning. Therefore, the petition is dismissed.

Petition for ReconsiderationNot VerifiedLabor Code Section 5902DismissalReport and RecommendationWorkers' Compensation Appeals BoardWCJMeritsGardena Police DepartmentCorvel Chino
References
2
Case No. ADJ7188295
Regular
Aug 02, 2010

TRACEY CALHOUN vs. RAMONA MANOR CONVALESCENT HOME, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the employer's petition for removal and dismissed their petition for reconsideration. The employer sought to change venue from Los Angeles to Riverside based on the applicant's location and injury site. The Board found the order denying the venue change was procedural, not a final order, thus dismissing the reconsideration petition. They also denied removal, noting the employer's failure to verify the petition and lack of demonstrated irreparable harm or substantial prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalChange of VenueWCJ OrderFinal OrderSubstantive RightsProcedural OrderVerificationAppeals Board Rule 10410
References
5
Case No. ADJ8316615
Regular
Aug 09, 2018

ROYZELL WHITE vs. CITY OF LONG BEACH

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's Petition for Reconsideration because it was unverified, and the defect was not cured despite notice. Furthermore, the WCAB would have dismissed the petition even if verified, as it sought reconsideration of a non-final procedural order. The lien claimant's Petition for Removal was also denied as it failed to demonstrate substantial prejudice or irreparable harm. The original order denying the lien claimant's petition was issued without prejudice, allowing proper service and further proceedings.

WCABPetition for ReconsiderationPetition for RemovalNon-IBR medical-legal disputeLien claimantVerificationFinal orderInterlocutory decisionWCJEAMS
References
9
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
0
Case No. ADJ1466189 (SAL 0112381) ADJ942854 (SAL 0109707)
Regular
May 07, 2012

GABRIELLE GAUCI vs. COUNTY OF MONTEREY, LIBERTY MUTAL INSURANCE

This case involves a petition for reconsideration filed by Gabrielle Gauci that was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was primarily due to the petition not being verified as required by Labor Code section 5902. Even if the petition had been verified, the WCAB would have denied it on the merits based on the administrative law judge's report. Therefore, the WCAB formally ordered the petition for reconsideration to be dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissalWCJ Report and RecommendationMerit DenialWorkers' Compensation Appeals BoardApplicantDefendantCase Number
References
2
Case No. ADJ7583068
Regular

GRORGE CORTELL vs. ADT SECURITY SERVICES

The Workers' Compensation Appeals Board dismissed George Cortell's petition for reconsideration due to a failure to verify the petition, as required by Labor Code section 5902. Even if the petition had been properly verified, the Board would have denied it on the merits based on the administrative law judge's report. The Board would have also given great weight to the judge's credibility findings. Consequently, the petition for reconsideration is dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissedLabor Code section 5902Verified PetitionWCJ Report and RecommendationDeny on the meritsCredibility findingPermissibly Self-InsuredADT Security Services
References
3
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
2
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