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

Case No. MISSING
Regular Panel Decision

St. Paul Fire and Marine Ins. Co. v. Confer

Patricia Confer, widow of Dr. Ronald Confer, sought workers' compensation death benefits after Dr. Confer died in a car accident. She alleged he was in the course and scope of his employment, intending to purchase computer supplies for his employer, Texas Educational Foundation, before heading home. After an initial favorable ruling was reversed by an appeals panel, Mrs. Confer successfully sued in district court, where a jury found in her favor. St. Paul Fire & Marine Insurance Company, the appellant, challenged the verdict, citing insufficient evidence, erroneous exclusion of testimony, and an improper attorney's fees award. The appellate court affirmed the trial court's judgment, applying the "dual purpose rule" to uphold the jury's finding that Dr. Confer was on a business errand at the time of the accident and finding no reversible errors in the trial court's other rulings.

Workers' CompensationDeath BenefitsCourse and Scope of EmploymentDual Purpose RuleAutomobile AccidentEvidentiary RulingAttorney's FeesTexas Labor CodeSufficiency of EvidenceAppellate Review
References
18
Case No. ADJ6551691
Regular
Oct 05, 2010

LOUIS SPEIGHT vs. VULCAN MATERIALS CO., Permissibly Self-Insured, ZURICH NORTH AMERICA (Adjusting Agent)

The Workers' Compensation Appeals Board (WCAB) issued an order to potentially impose sanctions on four attorneys from Stockwell, Harris, Woolverton & Muehl and their firm. The attorneys responded by requesting reinstatement of a previous order and a hearing. The WCAB dismissed their request as an improperly filed petition for reconsideration or removal. A Commissioner's Conference is scheduled for the attorneys to appear and address the sanctions.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationPetition for RemovalOrder Granting RemovalRescinding OrderCommissioner's ConferenceAttorneys' FeesLiabilityAppeals Board Rules
References
3
Case No. ADJ7166891
Regular
Oct 31, 2013

NORMA MENDEZ MUNOZ vs. APPLIED POLYTECH SYSTEMS, CYPRESS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a WCJ's order dismissing a lien claim. The dismissal was based on the lien claimant's failure to pay a lien activation fee for a conference that was improperly added to the calendar. The WCAB found the conference was not properly set under Court Administrator Rule 10250 because no Declaration of Readiness to Proceed had been filed for that specific case, and the defendant's request for consolidation lacked necessary declarations. Therefore, the WCAB vacated the dismissal and ordered the matter off calendar, requiring a proper Declaration of Readiness to be filed to set the lien conference.

Lien activation feeReconsiderationOrder Dismissing Lien ClaimDeclaration of Readiness to ProceedCourt Administrator Rule 10250EDEXEAMSWCJLien conferenceEx parte request
References
2
Case No. ADJ10297312
Regular
Aug 10, 2016

ARACELI SAENZ DIAZ vs. MICHAEL'S STORES, SAFETY NATIONAL CASUALTY, GALLAGHER BASSETT SERVICES, INC.

The defendant sought removal of an order setting a Priority Conference, arguing it denied due process and would cause prejudice. The defendant contended the conference was premature as they had denied the claim and were awaiting a QME evaluation. However, the Workers' Compensation Appeals Board (WCAB) discovered the Priority Conference had already occurred and a trial date was set. Consequently, the WCAB dismissed the defendant's Petition for Removal as moot.

Petition for RemovalPriority ConferenceAOE/COEQME panelLabor Code section 4060due processdiscoverymootWorkers' Compensation Appeals BoardWCJ
References
0
Case No. ADJ11127536
Regular
Jun 19, 2018

MANUEL GOMEZ vs. F.A.L. TRANSPORTATION, INC., SUPRA NATIONAL EXPRESS, INC.

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal. The defendant sought removal of a Minute Order setting a status conference and a Notice of Intention to Impose Sanctions, arguing prejudice. The WCAB dismissed the petition regarding the sanctions as no order had been issued, and denied it as to the Minute Order. The WCAB found no irreparable harm or prejudice from a status conference aimed at clarifying issues before trial on a Compromise and Release.

Illegally UninsuredPetition for RemovalMinute OrderNotice of Intention to Impose SanctionsCompromise and ReleaseWCJWCABExtraordinary RemedySignificant PrejudiceIrreparable Harm
References
2
Case No. ADJ8902882
Regular
Jan 08, 2016

Veronica Sanchez vs. TJX Companies/Marshalls of California, LLC, Zurich American Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior dismissal order. The original dismissal was issued because lien claimant Able Physical Therapy failed to appear at a lien conference and did not object to a Notice of Intention to Dismiss. However, the WCAB found that the dismissal order erroneously dismissed the entire application, not just Able's lien, which was the scope of the notice. The WCAB also noted that Able claimed a settlement had been reached prior to the conference.

Petition for ReconsiderationOrder of DismissalLien ConferenceNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJPro PerLien ClaimantSettlementLack of Communication
References
0
Case No. ADJ4581972 (LBO 0395815) ADJ2734681 (LBO 0395908)
Regular
Aug 23, 2013

ELIAS GOMEZ vs. LA PALOMA RESTAURANT, INC., EMPLOYERS COMPENSATION INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded a dismissal of lien claim, and returned the matter to the WCJ for further proceedings. This followed the WCAB's finding that the lien claimant may not have received notice of the lien conference, raising due process concerns. The WCAB noted that the original lien conference notice did not list the lien claimant or its representative. The Board also advised clarifying the status of duplicate liens and the relationship between the lien claimant and its representative.

Lien ClaimantPetition for ReconsiderationDismissal of Lien ClaimNotice of Intention to DismissDue ProcessLack of NoticeWorkers' Compensation Appeals BoardWCJEAMSCompromise and Release
References
5
Case No. ADJ8150716
Regular
Apr 29, 2013

CHRIS ARCE vs. PACIFIC BELL TELEPHONE COMPANY, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the order setting trial was interlocutory, not final. The WCAB granted removal of the order, finding applicant was denied due process by lack of notice for a status conference. Consequently, the WCAB rescinded the order setting trial and substituted an order converting the trial date to a mandatory settlement conference. This decision aims to address potential prejudice to the applicant and promote judicial economy.

Workers Compensation Appeals BoardPacific Bell Telephone CompanySedgwick CMSADJ8150716Supplemental Petition for ReconsiderationDeclaration of Readiness to ProceedWCJ OrderThird Party CreditDue ProcessMandatory Settlement Conference
References
11
Case No. ADJ6780763
Regular
Jun 05, 2013

Luz Maria Rodriguez vs. SOCIAL VOCATIONAL SERVICES, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by Mia Powell. The petition challenged an order dismissing her lien claim for failure to pay the required lien activation fee before the scheduled lien conference. The WCAB found that the administrative law judge acted within her powers by dismissing the lien, as payment was due prior to the conference. Additionally, the WCAB noted the petition was also subject to dismissal for failing to serve all adverse parties.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJLien ConferenceLien Activation FeeDismissal with PrejudiceLabor Code Section 4906.03Panel DecisionSoto v. Marathon IndustriesEliezer Figueroa v. BC Doering
References
2
Case No. ADJ803080 (LBO 0386412)
Regular
Mar 16, 2009

ANDRES SANCHEZ JUARES (Dec'd.), EVER REYES CARILLO (App.) vs. FANG CLOTHING, INC., INSURANCE COMPANY OF THE WEST GROUP/EXPLORER

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration from an insurer but granted removal of the case. The WCAB found that the administrative law judge (ALJ) improperly scheduled a trial conference when a status conference was requested to address discovery issues. This procedural error would cause prejudice and irreparable harm by forcing parties to trial prematurely without adequate discovery or settlement opportunity. Consequently, the WCAB rescinded the ALJ's order and returned the case for further proceedings.

Workers' Compensation Appeals BoardReconsiderationRemovalStatus ConferenceMandatory Settlement ConferenceLabor Code Section 5502Declaration of ReadinessPre-trial Conference StatementDiscovery IssuesStipulations
References
0
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