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

Case No. ADJ3533713
Regular
Nov 07, 2011

JUANA LOPEZ vs. THE MERCHANT OF TENNIS, HARTFORD INSURANCE

The Workers' Compensation Appeals Board (WCAB) removed this matter for the purpose of imposing sanctions. The WCAB found that the petition for reconsideration filed by SIR Practice Solutions, LLC on behalf of several lien claimants was skeletal, unintelligible, and violated multiple WCAB rules regarding evidentiary and legal support. The lien claimants and SIR Practice Solutions, LLC failed to object to the Notice of Intention to Impose Sanctions within the allotted time. Therefore, the WCAB imposed sanctions of $250.00 against each individual lien claimant and found SIR Practice Solutions, LLC jointly and severally liable for these sanctions.

Workers' Compensation Appeals BoardRemovalSanctionsLien ClaimantsSIR Practice SolutionsPetition for ReconsiderationSkeletal PetitionAppeals Board Rule 10846Labor Code Section 5813Notice of Intention to Impose Sanctions
References
6
Case No. ADJ6993990
Regular
Apr 13, 2020

CONNIE BERRY vs. LAWRENCE BERKELEY NATIONAL LABORATORY, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to address the defendant's challenge to the WCJ's findings. The WCJ had questioned the credibility of QME Dr. Wolfson's medical opinions based on his billing practices, appointing a new evaluator and referring the billing to the Medical Director. The WCAB found these actions premature, stating that the parties had not yet had an opportunity to conduct discovery into Dr. Wolfson's billing practices. Therefore, the WCAB rescinded the WCJ's orders, substituted new findings and orders to allow for further development of the record on Dr. Wolfson's billing, and returned the matter for further proceedings.

Workers' Compensation Appeals BoardRemovalFindings and OrdersMedical-legal reportingPermanent disabilityQualified Medical Evaluator (QME)Billing practicesSubstantial medical evidenceLabor Code section 5701Medical Director
References
7
Case No. MISC. 251
Significant
Jul 08, 2008

Ramon B. Pellicer vs.

The Appeals Board denied Ramon B. Pellicer's petition to appear as a non-attorney representative, based on his disciplinary history with the State Bar and legal precedent preventing disbarred or suspended attorneys from practicing before the WCAB.

WCABPetition to PracticeHearing RepresentativeNon-AttorneyInvoluntary Inactive EnrollmentState Bar CourtDisciplinary ChargesRules of Professional ConductBusiness and Professions CodeMoral Turpitude
References
2
Case No. MISC. 251
En Banc
Jul 08, 2008

Ramon B. Pellicer vs. State Bar of California

The Appeals Board denied Ramon B. Pellicer's petition to appear as a non-attorney hearing representative due to his prior disciplinary record with the State Bar, affirming that disbarred attorneys are precluded from practicing law in any capacity before the WCAB.

WCABPetition to PracticeHearing RepresentativeInvoluntary Inactive EnrollmentState Bar ActRules of Professional ConductDefaultDisciplinary ChargesPractice of LawDefrocked Attorney
References
2
Case No. ADJ6720393
Regular
Nov 26, 2012

PEDRO ALONSO vs. CARGO AIRCRAFT HANDLING INTERNATIONAL, GALLAGHER BASSETT

This case involves an Order Denying Reconsideration by the Workers' Compensation Appeals Board (WCAB). The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) to deny reconsideration. The denial stems from a lien claimant's "substandard level of legal practice," including objections with incorrect case numbers and untimely filings. The WCAB warned the lien claimant about potential sanctions for failing to comply with DWC and WCAB rules.

WCABPedro AlonsoCargo Aircraft Handling InternationalGallagher BassettADJ6720393Denying ReconsiderationMedi-LabVacate Dismissal OrderDWC RulesWCAB Rules
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. ADJ12575364
Regular
Nov 25, 2020

MIGUEL SOLIS vs. KONICA MINOLTA BUSINESS SOLUTIONS, SOMPO AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's decision that overturned the Medical Unit's denial of a specialty change for a Qualified Medical Evaluator (QME) panel. The WCAB found that while they have jurisdiction to review Medical Unit decisions, the applicant did not meet the standard for vacating the chiropractic QME panel. The WCAB held that a chiropractor can evaluate disputed medical issues, even with referrals to other specialists, as long as they stay within their scope of practice and report any issues outside their expertise. Therefore, the WCAB rescinded the WCJ's order and directed the parties to utilize the original chiropractic QME panel.

QME panelMedical Unitspecialty disputeorthopedic surgerychiropracticAdjudication NumberPetition for ReconsiderationFindings and OrderLabor Codesubstantial evidence
References
4
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. ADJ 9640494, ADJ 8975091
Regular
Apr 26, 2016

MAURO TACAS vs. YOUNG'S MARKET

This case concerns an employer's petition for removal which the Workers' Compensation Appeals Board (WCAB) denied. The WCAB found that removal is an extraordinary remedy granted only for substantial prejudice or irreparable harm, neither of which was demonstrated here. The underlying issue involved a procedural mix-up regarding conference types, which the Board determined could be adequately addressed through reconsideration. Therefore, the petition was denied, adhering to the WCAB's established practice for such requests.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationStatus ConferenceMandatory Settlement ConferenceDeclaration of Readiness to Proceedclerical error
References
2
Case No. ADJ9316584
Regular
May 12, 2014

FRANCISCO BAEZ vs. JOHN CRAVENS PLASTERING, INC., INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal, upholding the administrative law judge's decision. The WCAB clarified that "satellite offices," like the one in Santa Barbara, do not qualify as "district offices" for venue purposes under Labor Code Section 5501.5. This distinction is based on the greater resources and staffing available at full-fledged district offices, supported by administrative interpretation and practical necessity. The WCAB affirmed its authority to calendar hearings at various locations based on available resources, regardless of the applicant's preferred venue.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeSatellite OfficeVenueLabor CodeAdministrative ConstructionContemporaneous Administrative ConstructionJudicial Resources
References
7
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