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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ2957106 (VNO 0541600)
Regular
Feb 11, 2014

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

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Disqualification of WCJ George Ferris. The Board found the petition to be successive, as it repeated previously denied claims, and moot because the WCJ has retired. Therefore, no further appeal regarding this disqualification is available before the Board.

Petition for DisqualificationSuccessive PetitionMoot PetitionWCJPresiding WCJWorkers' Compensation Appeals BoardAutomatic ReassignmentDenied PetitionCrowe Glass Co.Industrial Accident Commission
References
Case No. ADJ7237157
Regular
Aug 15, 2013

JUAN ESTRADA vs. R&L BROSAMER, INC.; CHARTIS/AIG

The Workers' Compensation Appeals Board (WCAB) granted removal, rescinded an administrative law judge's (WCJ) order, and otherwise affirmed the WCJ's decision. The rescinded order compelled the applicant, Juan Estrada, to attend a medical examination on July 19, 2013. The WCAB adopted and incorporated the WCJ's report outlining the reasons for this action.

RemovalRescindedMedical ExaminationCompelling AttendanceWCJ OrderPetition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport of WCJDecision After Removal
References
Case No. ADJ7709362
Regular
Dec 05, 2011

Gloria Kudelko vs. UNITED SERVICES AUTOMOBILE ASSOCIATION, HARTFORD INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves a defendant's petition for removal and reassignment of a Workers' Compensation Appeals Board matter. The defendant sought removal of an order from August 9, 2011, which scheduled trial, ordered a claims adjuster to appear, and ordered her to show cause for failing to appear at a prior conference. The Board granted the petition, rescinded the August 9, 2011 order, and returned the case for reassignment to a different WCJ for trial. The Board also stated the current WCJ should proceed with the sanctions issue, allowing the adjuster an opportunity to show good cause for her non-appearance.

Petition for RemovalWCJ SanctionClaims Adjuster AppearanceReassignment WCJMandatory Settlement ConferenceShow Cause OrderIndustrial InjuryWCAB Rule 10453Interlocutory OrderPetition for Reassignment
References
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
Case No. ADJ6993354
Regular
Nov 17, 2011

DEBBIE ORESCO vs. FRIEDMAN BROTHERS, EMPLOYER DIRECT CLAIMS

In this workers' compensation case, the applicant's attorney petitioned to disqualify the Administrative Law Judge (WCJ) based on alleged enmity or bias stemming from a September 1, 2011 incident. The WCJ denied the allegations, assuring the Appeals Board that all decisions are based solely on evidence and that he would strive to ensure all litigants receive a fair hearing. The Workers' Compensation Appeals Board adopted the WCJ's report and denied the disqualification petition, finding no reason to doubt the WCJ's impartiality.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJGeorge R. Ferrisenmitybiasprejudicemandatory settlement conferencesReport and Recommendationevidence
References
Case No. SFO 0498433
Regular
May 15, 2008

ROGELIO VELASQUEZ vs. HEALTH CERAMICS, LTD., ACCA, INC.

This case concerns the dismissal of a chiropractor's lien for $\$ 12,428.35$ after the lien claimant failed to appear at a mandatory settlement conference. The WCJ dismissed the lien, but the claimant objected, arguing they were unaware of the conference due to an incorrect address on file. Although the WCJ's subsequent attempt to vacate the dismissal was procedurally flawed, the Appeals Board granted reconsideration on its own motion due to the claimant's substantial argument. The Board rescinded the dismissal order and returned the matter to the WCJ for a lien conference to ensure proper resolution.

Workers' Compensation Appeals BoardRogelio VelasquezHealth CeramicsLtd.ACCAInc.SFO 0498433ReconsiderationAppeals Board's MotionWCJ
References
Case No. ADJ7952240
Regular
Oct 20, 2011

LUCIA BIANCHI vs. MENDOCINO COUNTY OFFICE OF EDUCATION, KEENAN AND ASSOCIATES

This case involves a petition for disqualification of a Workers' Compensation Administrative Law Judge (WCJ) by the applicant, Lucia Bianchi, and her attorney. The attorney alleged the WCJ demonstrated enmity or bias due to an incident on September 1, 2011, which would prejudice his clients. The WCJ submitted a report stating the incident would not affect his impartiality and decisions would be based solely on evidence. The Workers' Compensation Appeals Board reviewed the record and adopted the WCJ's report, finding no reason to doubt his impartiality. Accordingly, the Board denied the petition for disqualification.

Petition for DisqualificationWCJEnmity or BiasMandatory Settlement ConferencesReport and RecommendationEvidenceApplicant's AttorneyLitigantsWorkers' Compensation Appeals BoardGeorge R. Ferris
References
Case No. ADJ7232720
Regular
Oct 20, 2011

PATRICIA OTTERSON vs. NCPH AT THE WOODS, SPECIALTY RISK SERVICES

The applicant sought to disqualify the Workers' Compensation Administrative Law Judge (WCJ) based on alleged enmity and bias against her attorney stemming from a past incident. The WCJ, in his report, explicitly stated that the incident would not prejudice the applicant or her attorney and that all decisions would be based solely on presented evidence. The Appeals Board reviewed the record and found no reason to doubt the WCJ's assurances of impartiality. Consequently, the petition for disqualification was denied.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJGeorge R. FerrisRobert A. Fowlerenmitybiasprejudicemandatory settlement conferencesReport and Recommendation
References
Case No. ADJ3015096 (STK 0200853)
Regular
Dec 10, 2009

SANDRA CONCEPCION vs. TRAVIS UNIFIED SCHOOL DISTRICT, NORTH BAY SCHOOLS INSURANCE AUTHORITY

Reconsideration granted for petition to disqualify WCJ and for Finding and Order of October 12, 2009 requiring payment of $23,165.00. WCJ to issue Report detailing evidence supporting decision.

Petition for ReconsiderationDisqualification of WCJFinding and OrderDue ProcessSubstantial EvidenceNotice of IntentionOpinion on DecisionReport and RecommendationWorkers' Compensation Appeals BoardDecision After Reconsideration
References
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