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

Case No. ADJ9910760
Regular
Nov 20, 2018

RAFAEL GUZMAN RODRIGUEZ vs. WASTE MANAGEMENT COLLECTION AND RECYCLING, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration. The WCAB affirmed its prior decision allowing the applicant to audio record a qualified medical evaluation with Dr. Dizay. The Board exercised its broad discretion to guide discovery, amending the initial administrative law judge's order which had prohibited recording. This decision aligns with the WCAB's authority to review and modify WCJ decisions based on the existing record and judicial discretion.

Petition for ReconsiderationAudio RecordingQualified Medical EvaluatorPanel QMEWCAB DiscretionLabor Code Section 5708Code of Civil ProcedureWCJ DecisionReconsideration ProceedingsJudicial Discretion
References
6
Case No. ADJ9211017
Regular
Mar 28, 2017

JOSE MENDOZA vs. KINGSLEY COMPANIES; SAMSUNG FIRE AND MARINE c/o BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration regarding the denial of a credit for benefits paid. The WCAB found that the administrative law judge's decision not to grant the credit was within their discretion and not an abuse of discretion, considering the lack of wrongdoing by the applicant. The applicant's petition for reconsideration was dismissed as skeletal and unsupported by specific references to the record and legal principles, as required by statute and board rules. Therefore, the WCAB upheld the original denial of the credit and dismissed the applicant's petition.

WCABPetition for ReconsiderationDenying PetitionDismissing PetitionLabor Code section 4909CreditDiscretionary AuthorityEquitable PrinciplesSkeletal PetitionAppeals Board Rules
References
10
Case No. MON 0212034
Regular
Mar 14, 2008

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's petition, deeming it an improper reconsideration of a non-final order. The WCAB construed the applicant's request as a petition for removal, which it denied, upholding the WCJ's discretion to prohibit videotaping of proceedings. The decision emphasizes that a party's right to videotape hearings is within the WCJ's sound discretion and not a guaranteed right.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalRequest for Judicial NoticeVideotape ProceedingsWCJ DiscretionFinal OrderSubstantial PrejudiceIrreparable HarmVacating Order
References
0
Case No. ADJ255119 (GOL 0100780) ADJ592600 (GOL 0100779)
Regular
May 09, 2014

DELFINA HUERTA vs. MOTEL 6, LIBERTY MUTUAL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board (WCAB) denied a petition for removal seeking to hold proceedings in the Oxnard district office. The WCAB cited statutory provisions allowing the Division of Workers' Compensation to determine office locations based on budget and resource availability. Furthermore, the Board has discretion to calendar hearings at alternative locations or utilize remote conferencing options like CourtCall, even if the venue is set elsewhere, to manage limited judicial and space resources. This discretion is supported by regulations that permit lien conferences and other hearings to be set without a formal change of venue.

Workers' Compensation Appeals BoardPetition for RemovalDivision of Workers' Compensationbudgetary constraintsvenueCourtCallmedical treatment lien conferencesmandatory settlement conferencesatellite office
References
0
Case No. ADJ7927863
Regular
Mar 07, 2013

BALWANT SABHARWAL vs. BLUE DIAMOND GROWERS, TRAVELERS PROPERTY CASUALTY

The Workers' Compensation Appeals Board (WCAB) denied Balwant Sabharwal's petition for reconsideration. The WCAB adopted the findings of the administrative law judge (WCJ) who determined that Sabharwal sustained a non-compensable psychiatric injury resulting from lawful, good-faith personnel actions by his employer. Although the petition lacked the required verification, the WCAB exercised discretion to review it on its merits. The WCAB also accepted a supplemental petition, but it did not alter the decision.

WORKERS' COMPENSATION APPEALS BOARDBALWANT SABHARWALBLUE DIAMOND GROWERSTRAVELERS PROPERTY CASUALTYADJ7927863ORDER DENYING RECONSIDERATIONRECONSIDERATIONWORKERS' COMPENSATION ADMINISTRATIVE LAW JUDGEREPORT AND RECOMMENDATIONPETITION FOR RECONSIDERATION
References
1
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. ADJ11629114
Regular
Sep 16, 2022

KATHLEEN PHILLIPS vs. SHORENSTEIN HAYS-NEDERLANDER THEATRES, LLC, STATE NATIONAL INSURANCE COMPANY, INC., MEADOWBROOK INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and modified a prior decision concerning applicant Kathleen Phillips' industrial hip injury. While affirming the finding that the Qualified Medical Examiner's (PQME) reports lacked substantial medical evidence, the WCAB rescinded the striking of those reports and the PQME's disqualification. The WCAB reasoned that striking reports and disqualifying a PQME requires specific legal grounds not present here, and the determination of substantiality relates to the weight of evidence, not admissibility. The WCAB emphasized that the PQME's reports remain part of the record, with the judge retaining discretion to assign them appropriate weight.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderQualified Medical Examiner (PQME)Substantial Medical EvidenceRemoval StandardThreshold IssueInterlocutory FindingAdmissibility of EvidencePrejudiced
References
5
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. ADJ9188852
Regular
Oct 24, 2014

MAURICIO FLORES vs. AMPAM PARKS MECHANICAL, AMERICAN INTERNATIONAL GROUP, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a dismissal order of the applicant's claim. This decision followed the applicant's assertion that their request for voluntary dismissal was procured by fraud. The WCAB adopted the trial judge's recommendation to return the case for further proceedings concerning the fraud allegations. Despite procedural defects in the petition, the WCAB exercised its discretion to grant reconsideration on the merits.

Petition for ReconsiderationOrder For Dismissal of Claim Without Prejudicefraudvoluntary dismissalWCJWCAB Rulesverification requirementsAppeals Board Rule 10856rescindedreturned for further proceedings
References
2
Case No. ADJ3461326
Regular
Aug 30, 2013

MARK CLEMENTI, TOM CLEMENTI vs. BURCH CONSTRUCTION CO., INC., CALIFORNIA INS. GUARANTEE ASSOCIATION, BROADSPIRE, SUPERIOR NATIONAL INS. CO.

The Workers' Compensation Appeals Board (WCAB) granted a petition for removal to further develop the record in this case. The WCAB rescinded the trial setting order and returned the matter to the WCJ for further proceedings. This action was taken to address questions regarding the applicant's competency to sign a compromise and release agreement in 2011. The WCAB indicated potential avenues for further discovery, including supplemental medical opinions and depositions, but left the scope to the WCJ's discretion.

Petition for RemovalGuardian ad LitemTrusteeCalifornia Ins. Guarantee AssociationSuperior National Ins. Co.LiquidationSupplemental OpinionCompromise and Release AgreementCompetencyCross-examine
References
0
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