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

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. ADJ7904718
Regular
Oct 18, 2012

JESSICA FRANK vs. SPRING HILL MANOR CONVALESCENT HOSPITAL, CARE WEST INSURANCE COMPANY

This case involves Jessica Frank's petition for reconsideration, which the Workers' Compensation Appeals Board (WCAB) has dismissed. The primary reason for dismissal is that the petition was not verified as required by Labor Code section 5902. Even if it had been verified, the WCAB would have denied it on the merits, adopting the reasoning of the administrative law judge. The applicant's reply to the answer was also rejected for violating WCAB Rule 10848.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedWCJ Report and RecommendationSupplemental PleadingWCAB Rule 10848Cal. Code Regs.tit. 8§ 10848
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. 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. ADJ2862412 (LBO 0337338)
Regular
Jun 08, 2009

MICHAEL BRAJEVICH vs. TORRANCE UNIFIED SCHOOL DISTRICT, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal because it was unverified. The defendant sought to rescind a prior order continuing the matter to trial, arguing a previous award was clear and the lien claimant should have sought reconsideration. WCAB Rule 10843(b) mandates verification for petitions for removal and answers thereto. Because the petition lacked verification, it was summarily dismissed.

Petition for RemovalUnverified PetitionWCAB Rule 10843(b)Verified PleadingsRescind OrderOrder of ContinuationLien ClaimantIrreparable HarmVerified PetitionWorkers' Compensation Appeals Board
References
Case No. ADJ7180817
Regular
Feb 02, 2018

VICTOR SALGUERO vs. CITY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because it was filed untimely. The petition was deemed filed on December 12, 2017, which was one day after the jurisdictional deadline of December 11, 2017. This tardiness resulted from the petition being electronically filed after 5:00 PM on the final day for filing. The Board also admonished the defendant's litigation manager for submitting unverified evidence and making unsubstantiated factual assertions.

Petition for ReconsiderationTimelinessDismissalElectronic Adjudication Management SystemEAMSAppeals Board RuleWCJSupplemental PleadingJurisdictionalFindings of Fact
References
Case No. ADJ9669522
Regular
Jul 24, 2017

NIOCHE ADAMS vs. MURCHINSON & CUMMING, LLP, LIBERTY MUTUAL INSURANCE COMPANY

This case concerns a defendant's attempt to bar a Labor Code section 132a claim due to a statute of limitations argument. The defendant argued the claim was time-barred because the initial petition was unverified and the verified petition was filed late. The Workers' Compensation Appeals Board (WCAB) treated the defendant's petition as one for reconsideration and denied it. The WCAB held that a failure to verify a pleading is a curable defect and an amendment to remedy this defect relates back, even if filed after the statute of limitations has run.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 132astatute of limitationsverified petitionfiling defectthreshold issuequasi-civilquasi-criminalamendment
References
Case No. ADJ6685001
Regular
Jun 07, 2011

RAQUEL CECENA vs. SEARS TOPANGA PLAZA, SEDGWICK CMS, INC.

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal because it was untimely, filed thirty days after the order when the deadline was twenty days. Additionally, the petition was not verified as required by WCAB rules. The Board further noted that even if considered on the merits, the petition would have been denied based on the WCJ's report. Therefore, the petition was dismissed for procedural deficiencies.

Petition for RemovalUnverified PetitionUntimely PetitionWCAB Rule 10843(a)WCAB Rule 10843(b)Due Process RightsPrematurely Closing DiscoveryMedical IssuesWorkers' Compensation Administrative Law JudgeReport and Recommendation on Removal
References
Case No. ADJ229693 (MON 0362437)
Regular
Mar 28, 2011

JUAN PALMA vs. NORMAN'S NURSERY WHOLESALE GROWERS

A lien claimant, former attorney for the applicant, filed a motion to disqualify the Workers' Compensation Judge, alleging bias. The Workers' Compensation Appeals Board (WCAB) construed this motion as a petition for disqualification. The petition was denied because it was not properly verified under oath as required by WCAB Rule 10844. Furthermore, the petition lacked the necessary supporting affidavit or declaration under penalty of perjury required by WCAB Rule 10452.

Petition for disqualificationWCAB Rule 10844Verified pleadingsAffidavitDeclaration under penalty of perjuryWorkers' Compensation Administrative Law JudgeBiasMotion to disqualifyLabor Code section 5311WCJ Blais
References
Case No. ADJ 6573721
Regular
May 10, 2018

Douglas Simmons vs. Los Angeles Unified School District

This case involves applicant Douglas Simmons seeking reconsideration of a Stipulation and Award order. The Workers' Compensation Appeals Board (WCAB) granted reconsideration multiple times to ensure applicant received defendant's answer and a chance to respond. Despite receiving applicant's supplemental pleading, the WCAB found no good cause to alter its prior decision. Therefore, the WCAB denied applicant's Petition for Reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulation and AwardWCJIn pro perSplit panel decisionVerified letterRescindedSupplemental pleadingProof of service
References
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