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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. ADJ 9547788, ADJ 9771745, ADJ 9805683
Regular
Mar 24, 2016

MARTIN TORTOLEDO vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by Martin Tortoledo. The dismissal was based on the petitioner's failure to comply with WCAB Rule 10842(b), which requires specific citations to the record to support evidentiary statements. The WCAB emphasized that this rule mirrors appellate court requirements and that litigants cannot shift the burden of searching the record to the Board. Had the petition not been dismissed procedurally, the WCAB would have denied it on the merits as per the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWCJ reportWCAB Rule 10842(b)specific references to the recordappellate proceedingswaiver of pointburden of discoveryADM_CASE_NO_ADJ9547788ADM_CASE_NO_ADJ9771745
References
6
Case No. ADJ8129979
Regular
Sep 28, 2012

DONALD DALBY vs. SIERRA PACIFIC INDUSTRIES

The Workers' Compensation Appeals Board (WCAB) dismissed Sierra Pacific Industries' Petition for Removal. The dismissal was based on the petition containing numerous documents attached in violation of WCAB Rule 10842, which prohibits such attachments. The WCAB adopted the administrative law judge's report and admonished the defendant to follow Board Rules in the future.

Petition for RemovalWCAB Rule 10842DismissalSelf-InsuredAdministrative Law Judge ReportViolation of RulesDiscarded DocumentsAdmonishmentOfficial Address RecordHanna Brophy
References
0
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. ADJ8972463
Regular

## ANDREW SULEMAN, vs. ## NEWPORT-MESA UNIFIED SCHOOL DISTRICT, permissibly self-insured, administered by KEENAN & ASSOCIATES,

This Workers' Compensation Appeals Board (WCAB) order denies Andrew Suleman's Petition for Removal. The Board adopted the administrative law judge's report, finding the petition failed to fairly state all material evidence. Suleman is cautioned to comply with WCAB Rule 10842(a) and Rules of Professional Conduct 5-200(A) and (B) regarding truthful and non-misleading submissions. The petition was denied for these reasons.

Petition for RemovalWCABWorkers' Compensation Appeals BoardSelf-insuredKeenan & AssociatesAdministrative Law JudgePetition for ReconsiderationRule 10842(a)Rules of Professional Conduct 5-200Material Evidence
References
0
Case No. ADJ7236324
Regular
Oct 23, 2015

MARIA VILCHIS vs. NORWALK MARRIOTT, ZURICH NORTH AMERICAN

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Vilchis's Petition for Reconsideration. The dismissal was based on the applicant's failure to comply with WCAB Rule 10842(b), which mandates specific citations to the record to support evidentiary statements. The Board emphasized that the applicant cannot shift the burden of searching the record to the Appeals Board. This rule is consistent with appellate court procedures requiring proper record citation to avoid waiver of points.

Petition for ReconsiderationWCAB Rule 10842(b)Specific CitationsRecord ReferencesEvidentiary StatementsWaiverBurden of ProofAdministrative Law Judge ReportAppellate RulesDismissal Order
References
5
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. ADJ4199705
Regular
Oct 28, 2010

JUAN BURCIAGA vs. CONCO COMPANIES, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) denied Juan Burciaga's Petition for Reconsideration and Removal. The WCAB adopted the findings and recommendations of the administrative law judge's report in its entirety. Additionally, the WCAB admonished the petitioner for violating WCAB Rule 10842 by attaching irrelevant or already submitted evidence, warning of potential sanctions. This denial means the prior decision in the case remains in effect.

Petition for ReconsiderationRemovalWCAB Rule 10842SanctionsLabor Code Section 5813Administrative Law JudgeWorkers' Compensation Appeals BoardConco CompaniesAthens AdministratorsJuan Burciaga
References
1
Case No. ADJ4122317 (MON 0354191)
Regular
Nov 25, 2015

MARIO CRUZ vs. DIVERSIFIED MAINTENANCE SERVICES, INC., ZURICH

The Workers' Compensation Appeals Board (WCAB) dismissed Mario Cruz's Petition for Reconsideration. The dismissal was primarily due to the petition's failure to make specific citations to the record as required by WCAB Rule 10842(b) and relevant case law. Additionally, the petition was found to be skeletal and unverified, further supporting its dismissal. If not dismissed on procedural grounds, the WCAB would have denied the petition on its merits.

Petition for ReconsiderationWCAB Rule 10842(b)Specific Record CitationsUnverified PetitionLabor Code Section 5902Skeletal PetitionWCJ ReportDiversified Maintenance ServicesZurichMario Cruz
References
6
Case No. ADJ9 657673, ADJ9 632441, ADJ9 697740, ADJ9 832297, ADJ9 834527, ADJ9 842328, ADJ9 919901, ADJ9 919978
Regular
Apr 14, 2016

KELLY FINN vs. OXNARD SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed Kelly Finn's Petition for Reconsideration because it was "skeletal." The petition failed to meet the legal requirements of Labor Code section 5902 and WCAB Rules 10842, 10846, and 10852, which mandate specific details regarding grounds, evidence, and legal principles. The WCAB found the petition lacked specific references to the record and the evidence it relied upon.

WORKERS' COMPENSATION APPEALS BOARDPetition for Reconsiderationskeletal petitionLabor Code section 5902WCAB Rulesmaterial evidencespecific references to the recordprinciples of lawdeny or dismissWCJ report
References
3
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