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

Case No. ADJ3123745 (VNO 0551286) ADJ3791599 (VNO 0548958)
Regular
Apr 29, 2015

Steven Kroesen (Deceased), Jennifer Kroesen (Widow) vs. CITY OF TORRANCE, CITY OF LONG BEACH

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a denial of death benefits for Steven Kroesen due to a dispute over the timeliness of the applicant's petition. The applicant claims their petition was timely delivered on November 12, 2014, via FedEx, but the WCAB's records show a filing date of November 13, 2014. The WCAB has returned the case to the administrative law judge for an evidentiary hearing to determine the exact filing date and address jurisdiction to consider the merits of the claim. This hearing will resolve whether the petition was filed within the statutorily allowed timeframe, considering Veterans Day and potential delays.

Petition for ReconsiderationTimelinessJurisdictionEvidentiary HearingJoint Findings and OrderReport of Workers' Compensation JudgeSupplemental PetitionFedEx deliveryR. SolisVeteran's Day
References
6
Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
Case No. ADJ7340025, ADJ7340030
Regular
Aug 28, 2017

CHARLES HONNOLD vs. CITY OF BURBANK

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the administrative law judge's (WCJ) order dismissing the applicant's cases. The dismissal occurred because the applicant, who was unrepresented, failed to appear at two hearings. The WCAB found that there was insufficient record of the applicant being properly served with notice for these hearings. The WCAB remanded the case to the WCJ for further proceedings, emphasizing the importance of the applicant attending all future hearings.

Petition for ReconsiderationOrder Dismissing CaseMandatory Settlement ConferenceNotice of IntentApplicant in pro perDeclaration of Readiness to ProceedService of NoticeWCABWCJRescind Order
References
1
Case No. ADJ6989771
Regular
May 22, 2015

JOSE CAMARENA vs. AMERICAN GOLF CORPORATION, ARCH INSURANCE COMPANY

Lien claimant, Anthem Blue Cross, sought reconsideration of an order dismissing its lien due to a single non-appearance at a hearing. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding the dismissal was based on mistake, inadvertence, and excusable neglect. The WCAB emphasized the policy favoring hearings on the merits and noted the lien claimant's presence at the district office on the hearing date, its lack of prior similar conduct, and a sincere apology. Consequently, the WCAB rescinded the order dismissing the lien.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationOrder Dismissing LienCode of Civil Procedure section 473(b)Excusable NeglectHeart AttackEmergency RoomPrivate Health InsuranceDenied Claim
References
4
Case No. ADJ8978314
Regular
Apr 10, 2014

LAGIMONIERE BETH ANN vs. MARIAN MEDICAL CENTER, SEDGWICK

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal, which sought to prevent a hearing from being moved from Santa Barbara to Oxnard. The WCAB affirmed that it has the authority to calendar hearings at different locations due to budgetary constraints and limited space, citing statutory provisions and its inherent power to control its calendars. While acknowledging potential travel inconvenience, the WCAB noted alternatives like CourtCall and indicated efforts to find a more suitable Santa Barbara facility. Therefore, the transfer of the hearing location was deemed permissible and not grounds for removal.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCourtCallMandatory Settlement ConferenceSatellite OfficeIrreparable HarmAdministrative Law Judge
References
1
Case No. ADJ4295446 (GOL 0087464)
Regular
Mar 20, 2014

Virginia Landaw vs. Toyota of Santa Barbara, Public Service Mutual Insurance Company

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal, which sought to have hearings held at the Santa Barbara district office rather than Oxnard. The WCAB found that the relocation was necessary due to insufficient space at the Santa Barbara facility, impacting lobby, hearing room, and parking availability. The Board reaffirmed its authority to calendar hearings at different offices based on available resources and cited the applicant's minimal increased travel as insufficient grounds for removal. The WCAB also highlighted the availability of CourtCall and the ongoing efforts to secure a more suitable Santa Barbara location.

Petition for RemovalWorkers' Compensation Appeals BoardDivision of Workers' CompensationDistrict OfficeVenueCourtCallMandatory Settlement ConferenceExpedited HearingJudicial NoticeAdministrative Law Judge
References
12
Case No. ADJ3362610 (AHM 0122924)
Regular
Jan 09, 2012

JOSE COLLASO, JOSE COLLAZO vs. PACIFIC FRESH FOOD CO., PREMIER STAFFING SOLUTIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was filed 146 days after the original dismissal order, far exceeding the 25-day jurisdictional deadline. The Board noted that untimely petitions cannot be excused by mistake or excusable neglect, even if the applicant experienced homelessness. However, the WCAB will remand the case to the WCJ to treat the petition as a request to reopen the dismissal for good cause and schedule a hearing on that specific issue.

Petition for reconsiderationDismissal for lack of prosecutionPetition to reopenGood causeJurisdictional time limitsFinal orderUntimely petitionContinuing jurisdictionWorkers' Compensation Appeals BoardAdministrative law judge
References
16
Case No. ADJ2957106
Regular
May 03, 2012

GLENWOOD BUSCHMAN vs. GARY D. DAVIS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petitions to disqualify Administrative Law Judge (WCJ) Ferris. The applicant alleged bias and closed-door hearings, but the WCAB found no evidence to support these claims. The WCAB adopted the WCJ's report, which detailed the public nature of the hearings and the WCJ's good-faith efforts to develop the case record. The WCAB emphasized that the applicant failed to meet the legal requirements for disqualification.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ Ferrisbiasclosed-door hearingspresenting evidenceCalifornia Code of RegulationsLabor Code Section 5311Code of Civil Procedure Section 641affidavit under penalty of perjury
References
3
Case No. ADJ4552593 (MON 0258406)
Regular
Mar 26, 2012

KIMBERLY DENOVA-JOY vs. SANTA PAULA ELEMENTARY SCHOOL DISTRICT, CIGA on behalf of FREMONT INSURANCE COMPANY in liquidation, as administered by CAMBRIDGE INTERGRATED SERVICES

This case concerns an applicant's due process claim regarding the denial of an expedited hearing for temporary disability benefits. The Workers' Compensation Appeals Board (WCAB) granted removal, finding the administrative law judge (WCJ) improperly removed the issue from the expedited hearing track. The WCAB held that the need for record development on permanent disability did not preclude an expedited hearing for temporary disability, which had been pending for over ten years. The Board rescinded the WCJ's order and returned the case for an expedited hearing.

Petition for RemovalExpedited HearingTemporary Disability IndemnityWCABWCJPWCJDue ProcessLabor Code Section 5502(b)Rule 10252(c)Permanent Disability
References
0
Case No. ADJ11316046
Regular
Nov 30, 2020

ISRAEL RAMOS vs. THORTON TOMASETTI, INC., AIG

The Workers' Compensation Appeals Board (WCAB) granted applicant's attorney's petition for reconsideration of an order releasing attorney's fees. The WCAB found that the workers' compensation judge (WCJ) erred by determining the attorney's fee issue without holding a hearing, violating due process and Labor Code section 5702. Consequently, the WCAB rescinded the WCJ's order and returned the matter to the trial level for a hearing to develop the record on the disputed attorney's fees. The WCAB also admonished the attorney for failing to comply with procedural rules regarding notice to the applicant concerning adverse interests and the right to seek independent counsel.

Petition for ReconsiderationOrder for Release of Requested FeesCompromise and ReleaseAttorney's FeesWorkers' Compensation Administrative Law JudgeWCJCertified Workers' Compensation SpecialistDue ProcessViolation of Labor Code Section 5702Notice of Adverse Interest
References
5
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