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

Case No. ADJ6621190 (MF)
Regular
Jan 18, 2019

DEANNA CARROLL vs. WINCO HOLDINGS, INC., LIBERTY MUTUAL INSURANCE COMPANY

Applicant Deanna Carroll was previously declared a vexatious litigant in 2016, requiring pre-approval to file any requests with the Workers' Compensation Appeals Board (WCAB). In this decision, the WCAB reviewed a Petition for Removal for Cause filed by Carroll in propria persona on December 4, 2018. Finding no significant change in circumstances or newly discovered evidence since the prior determination, the WCAB declined to accept the petition for filing. Therefore, Carroll's petition was rejected as per the vexatious litigant pre-filing order.

Vexatious litigantpre-filing orderAppeals Board Rule 10782Petition for Removal for Causein pro pernew evidencechange in lawpresiding judgelicensed attorneydeclaration of readiness
References
0
Case No. ADJ460672 (SFO 0499592), ADJ224818 (SFO 0499593)
Regular
Jul 11, 2012

HAMID KHAZAELI vs. SPEDIA.COM, INC., and SYSMASTER CORP., GREAT AMERICAN INSURANCE CO

Applicant Hamid Khazaeli has been declared a vexatious litigant under CCR Title 8, Section 10782, requiring pre-filing approval for any filings with the Workers' Compensation Appeals Board (WCAB) unless represented by an attorney. His "Petition for Reconsideration, Removal, Disqualification, and to Compel Testimony" filed on June 29, 2012, was reviewed. The WCAB did not accept this petition for filing, deeming it largely duplicative of prior dismissed and rejected filings. This decision reinforces the applicant's status as a vexatious litigant subject to strict pre-filing review protocols.

Vexatious LitigantPre-filing OrderCCR Title 8 Section 10782Petition for ReconsiderationRemovalDisqualificationCompel TestimonyJudicial OfficersQuasi-Judicial OfficersAppeals Board
References
2
Case No. ADJ10110995
Regular
Oct 14, 2020

PRESTON LEE BROWN SCOTT vs. CITY OF LOS ANGELES, THE HARTFORD

The applicant, Preston Lee Brown Scott, was declared a vexatious litigant in 2018 and is subject to a pre-filing order. This order requires him to obtain prior approval from a judge before filing any documents with the Workers' Compensation Appeals Board (WCAB). He has filed multiple petitions for reconsideration without this approval. The WCAB has reviewed these filings and found no significant change in circumstances to warrant acceptance. Therefore, the documents submitted by Mr. Scott are not accepted for filing.

Vexatious litigantPre-filing orderWorkers' Compensation Appeals BoardRule 10430Rule 10782In pro perPetition for ReconsiderationAdjudication of claimDeclaration of readinessPleading
References
16
Case No. ADJ4599548 (MON 0212034), ADJ1776170 (MON 0224335)
Regular
Sep 17, 2012

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT, AIG, BROADSPIRE, a CRAWFORD COMPANY

Kristian Von Ritzhoff has been declared a vexatious litigant by the Workers' Compensation Appeals Board (WCAB) under California Code of Regulations, title 8, section 10782. This designation requires him to obtain prior approval from the Presiding Judge or the Appeals Board before filing any pleadings, unless represented by a licensed attorney. The WCAB reviewed a Petition for Reconsideration filed by Von Ritzhoff, dated September 10, 2012, and determined it was *not accepted* for filing. This ruling signifies the Board's adherence to the pre-filing order in managing the applicant's litigation activities.

Vexatious litigantPre-filing orderWCABWorkers' Compensation Appeals BoardPetition for ReconsiderationRemovalExtraordinary remedyDeputy CommissionerOgden EntertainmentBroadspire
References
3
Case No. ADJ195920 (FRE 0239875) ADJ8378632
Regular
Apr 15, 2015

Darrell Coufal vs. Osmse, Ace America

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Removal regarding the WCJ's February 2, 2015 decision. The WCAB affirmed the original decision but amended it to allow Ms. Cheryl Jolley Smith the opportunity to reconstruct the file electronically. If electronic reconstruction is not possible, she is ordered to subpoena the records at her own expense. This order ensures the integrity and accessibility of the case file.

Petition for RemovalDecision After RemovalWorkers' Compensation Appeals BoardWCJ's reportreconstruct the filesubpoenaing recordsexpenseelectronic reconstructioncase fileapplicant
References
0
Case No. ADJ9173159
Regular
Dec 09, 2016

GARY COTTLE vs. TONY'S EXPRESS, CALIFORNIA TRUCKERS' SAFETY ASSOCIATION

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior administrative law judge's (WCJ) order. This order addressed penalties for unreasonable delay in payment and sanctions for bad faith litigation. Crucially, the WCAB has not received a petition for reconsideration from defendant CTSA and requires them to submit a copy of their petition and proof of timely filing within 20 days. Failure to comply will result in the WCAB proceeding with only the applicant's petition.

WCABPetition for ReconsiderationLabor Code Section 5814Unreasonable DelayCompensation PaymentLabor Code Section 5813Bad Faith LitigationLienTimely FiledProof of Service
References
0
Case No. ADJ9755370
Regular
Aug 10, 2017

BERNARDINO GARDEA vs. CITY OF PASADENA

This case concerns the City of Pasadena's request for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding the applicant's occupational group number. The WCJ initially recommended dismissal of the reconsideration petition as untimely. However, the defendant has now requested leave to file a supplemental petition to address issues raised in the WCJ's report. The WCAB has granted the defendant's request to file this supplemental petition. The defendant is ordered to file the supplemental petition within 20 days, either by mail or via EAMS, to avoid rejection.

Workers' Compensation Appeals BoardSupplemental PetitionReconsiderationOccupational Group NumberAdministrative Law JudgePetition for ReconsiderationWCAB Rule 10848Electronic Adjudication Management SystemEAMSCity of Pasadena
References
0
Case No. AHM 0125151
Regular
Jul 12, 2007

DANNY MEDINA vs. ASHLEY FURNITURE INDUSTRIES, WAUSAU INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and dismissed the applicant's petition. The dismissal was based on the applicant's petition for reconsideration being untimely, as the only filed petition was received by the WCAB on August 14, 2006, well after the deadline. Evidence, including proof of service and attorney declarations, confirmed that a timely objection to the original dismissal was not filed with the WCAB, divesting it of jurisdiction.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalLack of ProsecutionJurisdictionTimelinessProof of ServiceWCJAdministrative Law JudgeAshley Furniture Industries
References
1
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. ADJ5761209
Regular
Sep 20, 2010

RICHARD PADGETT vs. AON CORPORATION, CAMBRIDGE/XCHANGING

The Workers' Compensation Appeals Board (WCAB) granted the defendant Aon Corporation's petition for reconsideration of an administrative law judge's findings. This decision was made to allow for a more thorough review of the case's factual and legal issues. Additionally, the WCAB granted the defendant's request to file a supplemental brief within 15 days. All future correspondence regarding this case should be directed to the WCAB's Office of the Commissioners.

ADJ5761209Petition for ReconsiderationFindings of FactSupplemental BriefAppeals Board Rule 10848Decision After ReconsiderationOffice of the Commissioners
References
0
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