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

Case No. ADJ8560542
Regular
Oct 17, 2016

SAMUEL LARA vs. DIAMOND RESTAURANT MANAGEMENT, AMERICAN CLAIMS SAN DIEGO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing a lien claimant's lien based on a failure to file a Notice of Representation (NOR) under WCAB Rule 10774.5. The WCAB found that because the rule became effective after the lien claimant initially appeared, a new NOR was not required when an employee of their representative appeared. Therefore, the WCAB rescinded the dismissal order and returned the matter for further proceedings.

WCAB Rule 10774.5Notice of RepresentationLien ClaimantAR Jureidini DowneyWilliam EspinozaOrder Dismissing LienPetition for ReconsiderationAgencyEmployee RepresentativeWCJ
References
1
Case No. ADJ1948258 (ANA 0389059)
Regular
Jan 22, 2014

FLORICA DANESCU vs. HIGH ENERGY SPORTS, INC., STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The primary reason for dismissal was the petition's untimeliness, stemming from personal service of the Stipulation and Order. Additionally, the WCAB dismissed the petition because the petitioner's representative, MJR Management Services, Inc., and Leonard Pina, failed to comply with WCAB Rule 10774.5(a) regarding Notice of Representation. Future non-compliance with this rule may lead to sanctions.

Petition for ReconsiderationDismissalUntimelyPersonal ServiceStipulation and OrderNotice of RepresentationWCAB Rule 10774.5Lien ClaimantHearing RepresentativeSB 863
References
0
Case No. MISSING
Regular Panel Decision

Desser v. Ashton

This opinion addresses the sufficiency of an oral contract to satisfy the "purchaser-seller" requirement in a private action under Section 10(b) of the 1934 Exchange Act and Rule 10b-5, where no actual purchase or sale of securities occurred. The court considers whether such an oral agreement, even if potentially unenforceable under the statute of frauds, can support a federal securities claim. Reviewing existing jurisprudence, the court emphasizes a liberal and flexible construction of anti-fraud provisions to protect investors. It concludes that an action under Rule 10b-5 is not deficient merely because the contract relied upon is oral rather than written. Consequently, the defendants' motions for summary judgment are denied, and the case is set to proceed to trial, affirming the court's jurisdiction over the matter.

Securities fraudOral contractsRule 10b-5Purchaser-seller requirementStatute of fraudsPendent jurisdictionSummary judgmentFederal court jurisdictionExchange Act of 1934Investor protection
References
18
Case No. ADJ7628870
Regular
Nov 15, 2013

TOMASA ROMERO vs. DELIA'S CLEANERS, ILLINOIS MIDWEST INSURANCE AGENCY, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Reconsideration filed by lien claimants, Dara Saghafi, M.D. and Medishock. The WCAB adopted the reasoning of the administrative law judge, finding that the lien claimants failed to establish industrial causation for the applicant's claimed injuries and offered no admissible evidence on the issue of necessity of treatment. Furthermore, the WCAB admonished AR Med Management, a representative for the lien claimants, to comply with WCAB Rule 10774.5 regarding notice of representation, warning of potential sanctions for future non-compliance.

WCABPetition for ReconsiderationNotice of RepresentationWCAB Rule 10774.5SB 863lien claimantAR Med Managementindustrial causationcompromise and releaseutilization review
References
0
Case No. ADJ6786700
Regular
May 26, 2015

MICHELLE LOPEZ vs. SHERATON PARK HOTEL, VALLEY FORGE INSURANCE COMPANY

Lien claimants' petition for reconsideration was granted because the WCJ erred in disallowing their liens. The WCAB found that the lien claimants' Notices of Representation complied with WCAB Rule 10774.5, as they clearly identified the representatives and met the signing requirements. Because the lien claimants were denied an opportunity to be heard due to the WCJ's improper rejection of their representation, the WCAB rescinded the order and remanded the case for a new lien hearing.

WCAB Rule 10774.5Lien claimantsNotice of RepresentationWCJPetition for ReconsiderationDue ProcessOpportunity to be heardSubstitution of attorneyWCABAdministrative law judge
References
3
Case No. ADJ8546699
Regular
Apr 10, 2017

MARIA HERRERA vs. YONEKYU USA, INC., SOMPO JAPAN INSURANCE COMPANY OF AMERICA, TRAVELERS DIAMOND BAR, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to lien claimants Preferred Scan and Tower Imaging, rescinding the dismissal of their liens. The WCAB found that the notices of representation filed by the lien claimants' representative at the lien trial, despite not being formal "change of representation" notices, were sufficient under WCAB Rule 10774.5(e)(2) because no prior representation notice was on file. The matter was returned to the trial level for further proceedings before a different judge.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationWCJDismissed LiensNotice of RepresentationWCAB Rule 10774.5Lien TrialRepresentative AppearanceRescinded Orders
References
0
Case No. ADJ10348591 ADJ10349019
Regular
Jan 07, 2019

MIGUEL VELAZQUEZ, SERVANDO VELAZQUEZ vs. ARTEMIO ARCE, SOLOMON MARTINEZ

The Workers' Compensation Appeals Board denied a defendant's petition for reconsideration, upholding a prior finding that liens for interpreting services were not barred by AD rule 9792.5.5. This rule, requiring a second review request for fee schedule disputes, did not apply because the interpreter services were not subject to an applicable fee schedule at the time of service. Therefore, the lien claimant's failure to request a second review did not preclude the WCAB from adjudicating the lien dispute. The Board reasoned that AD rule 9792.5.5 and associated statutes only mandate the second review process for disputes concerning amounts under an "applicable fee schedule."

Workers' Compensation Appeals BoardAD Rule 9792.5.5Official Medical Fee ScheduleIndependent Bill ReviewExplanation of ReviewLabor Code section 4603.2Senate Bill 863Threshold IssueFee Schedule DisputeInterpreter Services
References
0
Case No. ADJ2154380
Regular
Jul 21, 2010

SPENCER DAVIS vs. CLARK & SULLIVAN, INC., LWP CLAIMS SACRAMENTO, BERKSHIRE HATHAWAY SAN FRANCISCO, BERKSHIRE HATHAWAY PASADENA

In this case, the defendant sought to disqualify a Qualified Medical Evaluator (QME) due to their alleged unavailability for deposition within 120 days as required by Administrative Director Rule 35.5(f). The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal. The WCAB found that Rule 31.5, which allows for replacement panels, does not apply to QME unavailability for deposition. Furthermore, the Board determined the defendant failed to demonstrate significant prejudice or irreparable harm, especially after rescheduling the deposition themselves.

Petition for RemovalQualified Medical EvaluatorDeposition UnavailabilityAdministrative Director RuleMandatory RegulationPrejudice and HarmReplacement PanelWCJ OrderUpper Extremities InjuryPsyche Injury
References
0
Case No. ADJ8077330
Regular
Jan 26, 2018

LISA HENRY vs. ALLIED BARTON SECURITY SERVICES, Insured By ARCH COMPANY, Administered By ESIS CHATSWORTH

Lien claimants sought reconsideration of orders dismissing their liens due to alleged failure to file a Notice of Change of Representation. The Appeals Board granted reconsideration because the proof of service for the dismissal orders was insufficient, making the lien claimants' petition timely. Furthermore, the Board found that lien claimants complied with WCAB Rule 10774.5(e) by presenting their Notice of Representation at the lien trial. Consequently, the WCAB rescinded the dismissal orders and returned the matter for further proceedings.

WCABLien ClaimantsNotice of Change of RepresentationWCAB Rule 10774.5(e)(2)Petition for ReconsiderationWCJEAMSOfficial Address RecordProof of Servicetimely filed
References
13
Case No. ADJ9202952
Regular
Nov 05, 2018

MARIA LOPEZ vs. KELLERMEYER BERGENSON SERVICES, LLC, ZURICH AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The WCAB dismissed the defendant's Petition for Reconsideration of an Order Vacating, finding the order was not a final decision. However, it granted the defendant's Petition for Removal of that same Order Vacating, deeming it untimely under WCAB Rule 10859. Consequently, the WCAB vacated the Order Vacating, restoring the original July 5, 2018 Findings of Fact. The WCAB also dismissed the lien claimant's Petition for Removal, affirming the July 5, 2018 Findings of Fact which held the lien claimant bound by prior causation findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder VacatingFindings of FactAdministrative Law JudgeLien ClaimantSubstantial PrejudiceIrreparable HarmFinal Order
References
0
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