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

Case No. ESRP 99030 (WCAB Case No. ADJ3304426 [RIV 0019356])
Regular
Jun 13, 2017

JIMMIE WISE vs. EASTSIDE RESERVOIR PROJECT/AWZ, ITT HARTFORD, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of its prior dismissal of the defendant's petition. The WCAB acknowledged an arithmetical error in calculating the timeliness of an arbitrator's order modifying the original findings and award. The arbitrator's order was timely, thus the WCAB affirmed this aspect and returned the case to the arbitrator for further proceedings. However, the dismissal of the defendant's petition for failure to properly serve the arbitrator was affirmed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardFurther Medical TreatmentSurgeryAlternative Dispute Resolution AgreementMediator's OrderRule 10850Rule 10859Arithmetical Error
References
2
Case No. ADJ928027
Regular
Feb 03, 2016

DAVID TRINH vs. TZENG LONG USA, INC., BERKSHIRE HATHAWAY

This case involves the suspension of Mike Traw's privilege to appear before the Workers' Compensation Appeals Board (WCAB) under Labor Code Section 4907. The WCAB issued a Notice of Intention to suspend due to non-payment of sanctions and failure to respond. While Professional Lien Services, Inc. (PLS) sought extensions, neither Traw nor PLS provided a substantive response. Consequently, Traw's appearance privilege is suspended for ninety days due to his failure to comply with the WCAB's orders. Further action against PLS may occur if ordered sanctions remain unpaid.

Labor Code Section 4907Decision After RemovalNotice of IntentionSuspension of PrivilegeProfessional Lien ServicesMike TrawAppeals Board En BancSanction OrderInterference with Judicial ProcessWCAB
References
0
Case No. ADJ6943767
Regular
Sep 17, 2015

SUSAN ANGULO vs. COUNTY OF LOS ANGELES

This case involved a petition for reconsideration filed with the Workers' Compensation Appeals Board (WCAB). The WCAB dismissed the petition because it was untimely filed. The WCAB clarified that a petition for reconsideration must be *received* by the WCAB within the 25-day statutory period, and mailing proof alone is insufficient. Since the petition was filed more than 25 days after the WCJ's decision, the WCAB lacked jurisdiction to consider it.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitService by MailProof of FilingWorkers' Compensation Appeals BoardWCAB Rule 10508WCJ DecisionDismissal OrderLabor Code Section 5900
References
4
Case No. ADJ1439326
Regular
Feb 03, 2014

BENEDICTO DORDINES vs. WAL-MART ASSOCIATES, INC., AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board (WCAB) denied the Defendant's Petition for Removal. The WCAB found the petition was subject to dismissal because it was not verified, violating WCAB Rule 10843(b). Furthermore, the WCAB adopted the administrative law judge's report, which concluded the Defendant failed to demonstrate due diligence in completing discovery. This lack of diligence was the basis for the judge's decision to set the case for trial, which the WCAB found did not warrant removal. Both defense and applicant's attorneys were admonished for failing to include their State Bar numbers.

WORKERS' COMPENSATION APPEALS BOARDPetition for RemovalDENYunverifiedWCAB Rule 10843(b)State Bar numberWCAB Rule 10498interlocutory ordersubstantial prejudiceirrefutable harm
References
0
Case No. ADJ7516108
Regular
Jun 06, 2011

ANGELICA CROTTE vs. UFO, INC., ILLINOIS MIDWEST INSURANCE AGENCY, VIRGINIA SURETY COMPANY, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Virginia Surety's petition for removal because it was unverified, violating WCAB Rule 10843(b). The WCAB also noted the petition's excessive length and improper attachments, which violated multiple rules, including CA Rule 10232(a)(10) and WCAB Rule 10842(c). Based on these egregious violations, the WCAB issued a notice of intention to impose a $500 sanction on Virginia Surety's counsel, Sophia E. Martinez, pursuant to Labor Code section 5813.

Petition for RemovalUnverified PetitionWCAB RulesLabor Code 5813SanctionsFrivolousWillful Failure to ComplyWCJAdministrative Law JudgeVirginia Surety Company
References
1
Case No. ADJ9793635
Regular
Nov 25, 2019

RAQUEL ZAZUETA DE RIVERA vs. ROMOLAND PULLET RANCH

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of orders dismissing four lien claimants' liens. The WCAB found that the lien claimants were not afforded due process, as they lacked an opportunity to fully address the WCJ's findings regarding defective notices of representation and the suspended corporate status of their representative. Consequently, the WCAB rescinded the dismissal orders and returned the matter for further proceedings, allowing the lien claimants an opportunity to cure defects and present their case. The WCAB cautioned parties about potential sanctions for non-compliance with WCAB rules.

WCABLien claimantsPetition for ReconsiderationOrder dismissing liensWCJWCAB Rule 10774.5Notice of RepresentationSuspended corporationCorporate statusHearing representative
References
5
Case No. ADJ3399937 (VNO 0423516 ADJ8997142 ADJ10559387 ADJ7656828
Regular
Feb 27, 2019

DAVE ZADA vs. ALPRO MILLWORKING, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Dave Zada's petition for reconsideration. The WCAB found the petition untimely, successive, and skeletal, failing to meet procedural requirements for reconsideration. Zada also did not demonstrate how he was aggrieved by the prior WCAB decision. Therefore, the WCAB lacked jurisdiction to consider the petition.

Petition for ReconsiderationPro PerSuccessive PetitionUntimely PetitionSkeletal PetitionAggrieved PartyJurisdictional Time LimitVerified PleadingsMaterial EvidenceProof of Service
References
14
Case No. ADJ4547203 (VNO 0444524)
Regular
Mar 10, 2009

JANET M. WINKLER vs. DEPARTMENT OF INDUSTRIAL RELATIONS, Legally Uninsured

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition to disqualify the Workers' Compensation Judge (WCJ). The WCAB found the petition untimely as it was filed after the swearing of the first witness. Furthermore, the WCAB determined there was no evidence the WCJ failed to follow prior WCAB instructions or demonstrated bias. Consequently, the petition was dismissed.

WORKERS' COMPENSATION APPEALS BOARDPetition for DisqualificationAdministrative Law JudgeBarry R. GoldmanOpinion and Decision after ReconsiderationQualified Medical EvaluatorQME reportingApportionmentHeart injuryGastrointestinal injury
References
1
Case No. ADJ7639734
Regular
Aug 13, 2015

MARK LIVINGSTON, KRISTINE LIVINGSTON vs. KEMPER SPORT MANAGEMENT INC., CRUM FORSTER

This case involves a Petition for Removal that was dismissed by the Workers' Compensation Appeals Board (WCAB). The WCAB found the petition to be untimely filed, as it was submitted more than 25 days after the service of the WCJ's decision. Filing by mail does not satisfy the requirement that the petition must be *received* by the WCAB within the statutory period. Therefore, the WCAB dismissed the Petition for Removal.

Petition for RemovalUntimely FilingWCJ DecisionService by MailBusiness Day ExtensionProof of FilingWCAB Rule 10508WCAB Rule 10843(a)WCAB Rule 10507(a)(1)WCAB Rule 10845(a)
References
0
Case No. ADJ10190746 ADJ10190618
Regular
Aug 24, 2018

JOSE CARDENAS vs. A&M PROPERTIES, INSURANCE COMPANY OF THE WEST GROUP

In *Cardenas v. A&M Properties*, the Workers' Compensation Appeals Board (WCAB) dismissed a defendant's Petition for Removal. The WCAB found the petition deficient because it was unsigned and unverified, violating WCAB rules. Furthermore, the accompanying proof of service was also unsigned, which is a valid ground for summary dismissal. Consequently, the WCAB ordered the Petition for Removal dismissed.

Petition for RemovalWCAB Rule 10843(b)WCAB Rule 10450(e)WCAB Rule 10450(f)WCAB Rule 10850unsigned petitionunverified petitionproof of servicesummarily dismissingoff calendar
References
0
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