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

Case No. ADJ3456151 (SAC 0324475)
Regular
Jul 14, 2009

ERIN McGEORGE vs. FIRST UNION NATIONAL BANK, ACE USA Insurance

The Appeals Board dismissed the defendant's petition for reconsideration because it was not filed from a final order. The Board granted removal, rescinded the WCJ's orders vacating submission and ordering a work evaluation, and returned the matter to the trial level. This action was taken because the WCJ erred in determining the applicable permanent disability rating schedule. The case will be returned for further proceedings and a pre-trial conference to address the correct rating schedule.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationPetition for RemovalWCJfinal orderprocedural ordersvacating submissiontaking off calendarsubstantive rightliability
References
5
Case No. ADJ7671523
Regular
Oct 15, 2018

ALFONSO MUNGUIA vs. SBR ROOFING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration as untimely and not from a final order. However, the WCAB granted the lien claimant's petition for removal, finding that the WCJ's order disallowing the listing of all issues and arguments on the Pre-Trial Conference Statement caused significant prejudice. The WCAB rescinded the WCJ's minute order and returned the matter to the trial level for further proceedings. The claimant's industrial injury case had already been resolved by a Compromise and Release.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantPre-Trial Conference StatementWCJMinute Orderuntimely petitionfinal ordersubstantive right
References
0
Case No. ADJ8498208
Regular
Sep 12, 2014

MARIO KOBAISSI vs. MONTEBELLO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board dismissed Kobaisi's Petition for Reconsideration because it sought review of an interlocutory procedural order, not a final decision determining substantive rights. Such pre-trial orders regarding evidence, discovery, or trial setting are not subject to reconsideration under Labor Code § 5900. The Board also dismissed the petition as removal, finding no irreparable harm or prejudice from the WCJ's Notice of Intention. However, the petition will be treated as an objection to the Notice of Intention for the WCJ's consideration.

Petition for ReconsiderationDismissalInterlocutory OrderFinal OrderSubstantive RightLiabilityRemovalIrreparable HarmSignificant PrejudiceWCJ
References
5
Case No. ADJ7191038
Regular
Oct 06, 2015

ROBERTO CUEVAS vs. MODERN METHOD ROOFING, INC., MAJESTIC INSURANCE

The Workers' Compensation Appeals Board dismissed a lien claimant's Petition for Reconsideration and denied their Petition for Removal. The WCJ had continued a trial to allow the defendant, who repeatedly failed to appear, to submit an amended pre-trial conference statement. The Board found the WCJ's order to be an interlocutory procedural decision, not a final order, thus making reconsideration improper. Removal was denied as the lien claimant failed to demonstrate irreparable harm.

WCABPetition for ReconsiderationPetition for RemovalLien ClaimantMinute OrderContinue TrialAmended Pre-trial Conference StatementReopen DiscoveryFinal OrderInterlocutory Order
References
6
Case No. ADJ6524117
Regular
Mar 24, 2014

Norma Rodriguez vs. Norman Sigel, M.D., Employers Compensation Insurance Company

The Workers' Compensation Appeals Board granted Employers Compensation Insurance Company's petition to remove a WCJ's order compelling applicant attendance at trial. The Board found the WCJ erred by ordering applicant testimony before a trial record was established and discovery closed. The order compelling attendance was rescinded, and the case returned for trial; the WCJ may allow applicant testimony if she appears voluntarily.

Petition for RemovalDiscovery ClosureMandatory Settlement ConferenceDue DiligenceAOE/COEStipulated AwardPetition for ContributionIndispensable PartyLay Witness TestimonyEvidentiary Record
References
1
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. ADJ8843441
Regular
Oct 16, 2013

AUSTIN KWOMO vs. LOS ANGELES METROPOLITAN TRANSIT AUTHORITY

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The Board found the WCJ prematurely ordered further medical record development before trial or submission for decision. Therefore, the case is returned to the trial level for proceedings consistent with *McDuffie*, with the WCJ retaining discretion to supplement the record *after* trial if necessary. The petition for disqualification of the WCJ was denied.

Petition for RemovalOrder Off CalendarFurther Development of RecordMedical OpinionsThreshold MatterTrialSubmission for DecisionExhibitsWitnessesSupplementation of Medical Record
References
1
Case No. ADJ2663934 (LAO 0777281)
Regular
Nov 24, 2008

LATOSHA HARRIS vs. AMI STAFFING, CALIFORNIA GUARANTEE INSURANCE ASSOCIATION For SUPERIOR NATIONAL INSURANCE CO., in liquidation, LIQUID CONTAINER, INC., CENTENNIAL INSURANCE/ATLANTIC MUTUAL

The Appeals Board vacated its prior order granting reconsideration and dismissed the employer's petition because the underlying WCJ's order was not a final, appealable decision. The Board then granted removal, rescinded the WCJ's order, and returned the case to the trial level. This action was taken because the WCJ improperly referred issues not subject to mandatory arbitration under Labor Code § 5275(a) to arbitration.

Workers Compensation Appeals BoardCIGACentennial InsuranceAMI StaffingLiquid ContainerInc.Superior National InsurancePetition for ReconsiderationPetition for RemovalLabor Code § 5275(a)
References
2
Case No. ADJ7777517
Regular
Oct 01, 2013

VIVIAN THOMPSON vs. COUNTRY INN AND SUITES, ILLINOIS MIDWEST INSURANCE COMPANY

The Appeals Board granted the defendant's Petition for Removal, rescinding the WCJ's order to develop the medical record prior to trial. The Board found that the WCJ prematurely ordered further medical development without a sufficient record or evidence of deficient medical opinions, contrary to established procedure. The case is returned to the trial level for proceedings consistent with the opinion, and the WCJ's comments regarding a potential new claim were not addressed as they were not an appealable order.

Petition for RemovalRescinded OrderDevelop Medical RecordThreshold MatterInsufficient Medical OpinionsPretrial Conference StatementMandatory Settlement ConferenceCumulative Trauma InjuryWorkers' Compensation JudgeAdmitted Into Evidence
References
1
Case No. ADJ1218087 (RIV 0084685)
Regular
Jun 15, 2010

ZZLATKO KATIC vs. CENTRAL REFRIGERATED SERVICE INC., GREAT WEST SOUTH SIOUX CITY

In this workers' compensation case, the defendant sought removal to challenge the WCJ's order to take the case off calendar to depose the primary treating physician regarding deficiencies in the permanent and stationary report. The defendant argued the WCJ lacked the power to order further record development before trial and would suffer irreparable harm. The Appeals Board denied the petition, finding the WCJ's order to develop the record was correct as the treating physician's report was the only one addressing permanent disability and lacked substantial evidence. The Board also rejected the defendant's claim of irreparable harm from going to trial on an inadequate record.

Petition for removalWCJ orderOrder taking off calendarPrimary treating physician (PTP)Permanent and stationary (P&S) report deficienciesRecord developmentSubstantial evidenceIndustrial injuryAgreed medical evaluator (AME)Mandatory settlement conference
References
0
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