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

Case No. ADJ3035736 (ANA 0360536) ADJ4288655 (ANA 0359734)
Regular
Aug 22, 2011

HUGO GARCIA-FLORES vs. MISOPE USA, INC., REDLANDS INSURANCE AND ACCEPTANCE INDEMNITY COMPANY

This case involves a defendant's Petition for Reconsideration challenging a WCJ's order that reinstated a prior rescission without addressing the defendant's due process objections. The defendant argued the WCJ erred by proceeding to trial without their attorney and failing to rule on their objection concerning service of evidence and sufficiency of medical reports. The Appeals Board granted reconsideration, finding the threshold issue of injury had not been clearly established and the defendant's objection was not addressed. Consequently, the Board rescinded the WCJ's decision and returned the matter to the trial level for further proceedings, including findings on injury and the defendant's objection.

Petition for ReconsiderationRule 10843Rule 10859Due ProcessObjection to Submission of MatterAgreed Medical ExaminerDates of InjuryElectric WheelchairMandatory Settlement ConferencePretrial Conference Statement
References
0
Case No. ADJ2244538 (LAO 0883304)
Regular
Jul 29, 2011

MELVIN ISAAC vs. PARAMOUNT PICTURES

This case involves the Workers' Compensation Appeals Board (WCAB) removing a matter on its own motion to review a Compromise and Release (C&R) order. The WCAB issued a Notice of Intention to approve the C&R with addenda, allowing parties 20 days to object. As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda. The cases are now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalCompromise and ReleaseAddendaWCJ OrderRescindedApprovedTrial LevelParamount PicturesMelvin Isaac
References
0
Case No. ADJ17611095; ADJ17611096
Regular
Feb 21, 2025

ALEXANDRYA WOLFE vs. CLAIRES AND STONINGTON INSURANCE CO, GALLAGHER BASSETT

Applicant Alexandrya Wolfe sought reconsideration of a WCJ's Order of Dismissal for inactivity in two cases (ADJ17611095, ADJ17611096). Applicant argued they were receiving medical care and were ready to proceed, having filed objections to both the defendant's petition to dismiss and the WCJ's notice of intention to dismiss. The Workers' Compensation Appeals Board reviewed the petition, answer, and WCJ's report. The Board determined that the WCJ erred by dismissing the cases without properly addressing applicant's objections or setting the matter for a hearing, thereby violating due process. Consequently, the Board granted the petition for reconsideration, rescinded the Orders of Dismissal, and returned the matter to the WCJ for further proceedings.

WCAB Rule 10550Petition for ReconsiderationOrder of DismissalNotice of Intention to DismissLack of ProsecutionMedical TreatmentReady Willing AblePetition to Dismiss Inactive CaseMandatory Settlement ConferenceHearing Representative
References
17
Case No. ADJ7032646; ADJ7476468
Regular
Dec 24, 2012

MERCEDES NARVAEZ vs. BAKERSFIELD CITY SCHOOL DISTRICT, SELF-INSURED SCHOOLS OF CALIFORNIA

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order vacating a prior dismissal of lien claims. The WCJ improperly treated a lien claimant's objection as a petition for reconsideration. This action was procedurally flawed as the objection predated the order it sought to challenge and was untimely. The WCJ's subsequent order to vacate the dismissal was also issued outside the permissible 15-day timeframe for WCJ action after reconsideration is sought.

Petition for RemovalOrder Vacating Order Dismissing Lien ClaimsWorkers' Compensation Appeals BoardLien ClaimantsWCJOrder to Dismiss LiensPetition for ReconsiderationLabor Code section 5900(a)Rule 10859untimely
References
2
Case No. ADJ591894 (POM 0283231) ADJ4070161 (VNO 0521347) ADJ4114324 (VNO 0513026)
Regular
Dec 02, 2019

JESUS CARDOSO vs. VARGAS FURNITURE MANUFACTURE, a CA CORPORATION, RACHEL MONTOYA, ALFONSO MONTOYA, ARTHUR PAUL VILLA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order approving a compromise and release for an uninsured employer. The Board found that the Workers' Compensation Judge (WCJ) improperly overruled the substantial shareholders' objection without addressing its merits or providing reasons. Under Labor Code section 3715(e), uninsured employers have a right to object to compromise and release agreements and have their objections considered. The case is returned to the trial level for further proceedings to create an adequate record and for the WCJ to rule on the objection.

Workers' Compensation Appeals BoardJesus CardosoVargas Furniture ManufactureState Compensation Insurance FundUninsured Employers FundUEBTFCompromise and ReleasePetition for ReconsiderationLabor Code Section 3715(e)Notice of Intent
References
1
Case No. ADJ6708769
Regular
Sep 20, 2012

MARTHA GARCIA vs. ROYAL CABINETS, SEABRIGHT INSURANCE CO.

This case involves a lien claimant, SAI Professional Services, seeking reconsideration of a WCJ's order dismissing its lien. The lien claimant argued it had filed an objection to the Notice of Intention to Dismiss, asserting they never received notice of the lien trial. The Board granted reconsideration, rescinded the dismissal order, and returned the matter to the WCJ. This was due to the WCJ appearing unaware of the lien claimant's timely filed objection, preventing the WCJ from considering its merits. The Board also advised the lien claimant that future unverified petitions would be dismissed.

Lien claimantReconsiderationOrder Dismissing LienNotice of Intention to DismissWCJPetition for ReconsiderationObjectionGood CauseVerificationRescind
References
1
Case No. ADJ9957522
Regular
Mar 30, 2016

David Saucedo vs. Bender Ready Mix, Inc., Insurance Company of the West

The Appeals Board granted the applicant's petition for reconsideration, rescinding the WCJ's dismissal order. The dismissal was erroneously based on an inapplicable rule and preceded the WCJ's review of the applicant's objection to the Notice of Intention to Dismiss. The case is returned to the WCJ to consider the applicant's good cause objection for failure to appear at the Mandatory Settlement Conference.

Petition for ReconsiderationNotice of Intention to DismissMandatory Settlement ConferenceFailure to AppearLack of ProsecutionDismissal Without PrejudiceGood CauseDue ProcessWorkers' Compensation Appeals BoardWCJ
References
1
Case No. ADJ7215785
Regular
Nov 05, 2018

JUDY GIFFORD vs. AUBERRY REHABILITATION HOSPITAL, CALIFORNIA SELF INSURERS’ SECURITY FUND, CHARLES TAYLOR

This case involved a lien claimant, Verbatim RX Pharmacy, seeking reconsideration after its lien was dismissed by the WCJ for failing to object to a Notice of Intention. The claimant argued excusable neglect and a due process violation. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the WCJ's report which found the claimant's failure to object procedurally barred their claim. The WCAB specifically modified parts of the WCJ's report, but ultimately affirmed the denial of the petition.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder DismissingNotice of IntentionDue ProcessWCJ ReportFox v. Workers' Comp. Appeals Bd.JurisdictionADJ7215785
References
1
Case No. ADJ7998608
Regular
Apr 27, 2018

BEATRIZ MORENO vs. RTJ HOME SWEET HOME, INC., a California Corporation, ROSALINDA GALO, TORINO JAVIER, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied a Petition for Removal seeking disqualification of the judge, clarifying that prior trial testimony can be used for impeachment in a new trial. The Board also rescinded the WCJ's order prohibiting such references. Defense counsel Mike Pincher was sanctioned $800 for abusive language towards the WCJ, as his conduct in pleadings and objections was deemed disrespectful and unprofessional. The Board found Pincher's objections lacked merit and compounded his misconduct by making further disrespectful accusations against the WCJ.

RemovalSanctionsAbusive LanguagePre-Trial Conference StatementImpeachment PurposesWCJPetition for RemovalReconsiderationDisqualificationLabor Code section 5813
References
4
Case No. ADJ9691628
Regular
Dec 24, 2018

VICENTE MEDINA vs. ACE FENCE COMPANY, WESCO INSURANCE COMPANY

The Appeals Board granted reconsideration, rescinded the WCJ's order denying the defendant's objection, and returned the case for further proceedings. The WCJ had denied the objection because he found the defendant had notice of a lien conference, despite the defendant's claim of no notice and lack of proper service of the Minutes of Hearing. The Appeals Board found no record to support the WCJ's findings regarding notice and the reasonableness of the lien amount. Furthermore, the Board questioned the defendant's attorney's candor regarding notice of the September 4, 2018 lien conference.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Denying ObjectionLien conferenceNotice of IntentAdjudication fileEvidentiary burdenDue processFair hearingMinutes of Hearing
References
3
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