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

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. ADJ8383910
Regular
Feb 14, 2013

ALVARO ORTEGA vs. VALLEYCREST LANDSCAPE, ESIS

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal. The dismissal was based on the petition's failure to be verified as required by WCAB Rule 10843(b). Furthermore, the Board would have denied the petition on its merits even if it had been properly verified. The Board also admonished defense counsel for failing to fairly state all material evidence as required by WCAB Rule 10842(a).

Petition for RemovalWCAB Rule 10843(b)WCAB Rule 10842(a)DiscoveryDue DiligenceAOE/COEPanel QMEMedical RecordsCausationSanctions
References
0
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. ADJ1227182
Regular
Jul 27, 2010

DANIEL MAYO vs. WAL-MART STORES, INC., AMERICAN HOME ASSURANCE

The defendant, Wal-Mart Stores, Inc., filed an unverified petition for removal, seeking to have a different judge preside over the trial due to a prior settlement conference. The Appeals Board dismissed the petition because it was not verified, as required by WCAB Rule 10843(b). Even if considered on its merits, the petition would have been denied based on the WCJ's report. The defendant was also admonished for submitting documents already in the file, violating WCAB Rule 10842(c).

Petition for RemovalUnverified PetitionWCAB Rule 10843(b)Verification RequirementSettlement ConferenceTrial JudgeConflicting RoleTrier of FactObjective Decision-MakingWCAB Rule 10842(c)
References
2
Case No. ADJ145973
Regular
Apr 28, 2011

Kimberly Orr vs. COUNTY OF LOS ANGELES, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) dismissed Applicant's Petition for Removal because it was not verified as required by WCAB Rule 10843(b). The petition sought to rescind a Notice of Intention to Dismiss for Failure to Appear, arguing Applicant's counsel did attend a mandatory settlement conference. The WCAB would have denied the petition on the merits, adopting the WCJ's report. Additionally, the WCAB admonished Applicant's attorney for impugning the WCJ's integrity.

Petition for RemovalVerified PetitionUnverified PetitionMandatory Settlement Conference (MSC)Failure to AppearDismissalWorkers' Compensation Appeals Board (WCAB)WCJContemptSanctions
References
1
Case No. ADJ941704 (VNO 0450657)
Regular
Nov 09, 2010

ELISA WILLITS-SPOLIN vs. HATHAWAY CHILDREN'S SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION (CIGA), BROADSPIRE for CALIFORNIA COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal because it was unverified, a requirement under WCAB Rule 10843(b). The defendant sought to rescind an order closing discovery and continuing the case to trial, alleging due process violations. Even if the petition had been properly verified, the WCAB would have denied it on its merits. The WCAB also noted that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate.

WORKERS' COMPENSATION APPEALS BOARDELISA WILLITS-SPOLINHATHAWAY CHILDREN'S SERVICESCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONCIGABROADSPIREliquidationpetition for removalunverified petitiondenial of due process
References
3
Case No. ADJ1804697
Regular
Nov 28, 2012

LETICIA CHIAS vs. GRILL CONCEPTS, INTERCARE INSURANCE SERVICES/CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for PACIFIC NATIONAL in liquidation

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Removal because it was unverified, violating WCAB Rule 10843(b). The defendant sought to rescind an order vacating submission due to a bill review dispute, arguing against the cost of an additional reviewer. The WCAB also noted a failure to include the attorney's state bar number. While dismissing the petition, the WCAB indicated that, had they reached the merits, the case would likely have been returned for decision on the existing record.

Petition for RemovalOrder Vacating Order of SubmissionOrder Taking Off CalendarOrder of SubmissionBill ReviewIndependent Bill ReviewerCalifornia Insurance Guaranty AssociationCIGAWCAB Rule 10843(b)Verification
References
1
Case No. ADJ4687711 (ANA 0381886) ADJ276364 (AHM 0142454)
Regular
Jan 21, 2010

## JOSE BERROSPE (DECEASED) vs. NIGHT SWEEPS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the State Compensation Insurance Fund's (SCIF) Petition for Removal. SCIF sought to avoid producing certain documents related to the deceased worker's dependents to the Death Without Dependents (DWD) Unit, despite stating they would produce documents mentioning DWD to the judge for in-camera review. The petition was dismissed because it was unverified, violating WCAB Rule 10843(b). Furthermore, the WCAB found no merit to the petition, as SCIF indicated compliance with the judge's order and thus was not aggrieved. The WCAB also noted SCIF's petition lacked reasonable justification and could be subject to sanctions.

WORKERS' COMPENSATION APPEALS BOARDPetition for RemovalUnverified PetitionWCJ OrderDocumentary EvidenceDeath Without Dependents UnitIn Camera ReviewPrivileged DocumentsWork ProductSanctions
References
0
Case No. ADJ8237611, ADJ8237609
Regular
Jan 10, 2014

CLORIA ZACARIAS vs. TRUE LEAF FARMS, NATIONAL UNION FIRE INSURANCE COMPANY

This case involves an applicant, Gloria Zacarias, seeking workers' compensation. The defendants are True Leaf Farms and its insurer. The Workers' Compensation Appeals Board (WCAB) denied the defendants' Petition for Removal. The WCAB found that the petition did not demonstrate irreparable harm as required by WCAB Rule 10843.

Petition for RemovalIrreparable HarmWCAB Rule 10843Administrative Law Judge ReportWorkers' Compensation Appeals BoardTrue Leaf FarmsNational Union Fire Insurance CompanyAthens AdministratorsADJ8237611ADJ8237609
References
0
Case No. MON 329349 MON 329350 MON 329351
Regular
Feb 15, 2008

AGUSTIN PRECIADO vs. CHAMPION ENTERPRISES, INC./SILVERCREST; ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Removal. The petition was untimely filed under WCAB Rule 10843 and the petitioner failed to demonstrate significant prejudice or irreparable harm from the underlying Notice of Intention to Dismiss. Consequently, the WCAB ordered the dismissal of the Petition for Removal.

Petition for RemovalWCJ ReportTimelinessWCAB Rule 10843Significant PrejudiceIrreparable HarmNotice of IntentionDismissalWorkers' Compensation Appeals BoardAgustin Preciado
References
0
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