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

Case No. ADJ7564894
Regular
Jun 07, 2013

FLOR DE MARIA DE LEON vs. PORTO'S BAKERY, INC, TRAVELERS

Here's a summary for a lawyer: This case involves a lien claimant, First Choice Health UBC, whose lien was dismissed for failure to provide proof of timely payment of the lien activation fee at a lien conference. While the claimant's representative appeared for "FCH" and later submitted proof of payment for a different, similarly named entity (First Choice Medical Group), no proof was provided for First Choice Health UBC itself. The WCJ recommended denial of reconsideration, finding that the claimant failed to meet the requirements of Labor Code section 4903.06(a)(4) by not presenting evidence of activation fee payment for the correct entity at the conference, thus warranting dismissal with prejudice. The Appeals Board adopted the WCJ's report and denied the petition.

Lien ClaimantActivation FeePetition for ReconsiderationDismissal with PrejudiceContinuous TraumaServerBack InjuryKnee InjuryLower ExtremitiesNervous/Psyche
References
0
Case No. ADJ9876259
Regular
Apr 20, 2017

JUAN CARLOS ROMERO vs. THE DEL REY DELI COMPANY, THE HARTFORD

The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration, finding the WCJ erred in dismissing the case. The applicant argued the defendant's dismissal petition failed to comply with WCAB Rule 10582. The WCJ recommended granting the petition, rescinding the dismissal, and returning the case to the trial level for further proceedings. The Board adopted the WCJ's recommendation.

WCABPetition for ReconsiderationOrder of DismissalWCJPetition to DismissWCAB Rule 10582Report and Recommendationrescindedtrial levelfurther proceedings
References
0
Case No. ADJ8177191
Regular
Apr 03, 2014

ALEX LOPEZ vs. SUNRIDER CORPORATION, COMPWEST INSURANCE COMPANY

The applicant, Alex Lopez, sought removal from an order rescinding the reopening of discovery, arguing that the exclusion of his physician's report caused irreparable harm. The WCJ recommended denial, finding the applicant failed to demonstrate diligence in obtaining the report or timely objecting to discovery closure. The Appeals Board adopted the WCJ's recommendation and denied removal, but noted the WCJ would consider a motion to admit the physician's report at trial.

Petition for RemovalOrder Rescinding Order Reopening RecordPrimary Treating PhysicianArthur HarrisM.D.Injury AOE/COECompwest InsuranceSunrider CorporationPermanently and StationaryDepositions
References
1
Case No. ADJ6708766
Regular
Feb 01, 2010

GEORGE DIAZ vs. CHILDREN'S HOSPITAL OF ORANGE, TRISTAR

This case involves an applicant's petition for reconsideration of a dismissal order due to his and his attorney's failure to appear at a mandatory settlement conference. The applicant claimed his attorney was ill and had notified defense counsel, and an objection with good cause was filed. The WCJ recommended granting reconsideration, rescinding the dismissal, and returning the case to the trial level. The Appeals Board, agreeing with the WCJ's recommendation and finding the petition timely, granted reconsideration and rescinded the dismissal order, remanding the case for further proceedings. The Board deferred ruling on the defendant's sanctions request to the WCJ.

WCABPetition for ReconsiderationOrder Dismissing ClaimMandatory Settlement ConferenceNotice of Intention to DismissIndustrial InjuryCumulative InjuryTelecom TechDefense CounselLabor Code § 5813
References
0
Case No. ADJ3262542 (GRO 27301) ADJ437058 (GRO 28637)
Regular
Jan 25, 2010

Herman Dennler vs. TIMEC CO., INC., ST. PAUL TRAVELERS, OPEN WAVES SYSTEMS, LUMBERMAN'S MUTUAL CASUALTY COMPANY, BROADSPIRE

The Workers' Compensation Appeals Board denied St. Paul Travelers' petition for reconsideration regarding a Findings and Award. The WCJ found the applicant needed surgery as recommended by Dr. Khoo and that Travelers unreasonably delayed its authorization. The Board affirmed the WCJ's findings, citing Labor Code § 4062(b) which mandates employer authorization of surgery when a second opinion evaluator recommends it. Travelers' failure to authorize the recommended revision surgery, despite a second opinion report, constituted an unreasonable delay warranting increased compensation and attorney fees.

Labor Code § 4062(b)Petition for ReconsiderationFindings and AwardPetition for ReconsiderationOpinion and OrderWCJLabor Code § 5814Labor Code § 5814.5Industrial InjuryLumbar Spine
References
1
Case No. ADJ8555039
Regular
May 26, 2016

JENNIFER SHARPSHAIR vs. CALIFORNIA STATE BOARD OF EQUALIZATION, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of an amended award that reduced her permanent disability benefits without an evidentiary hearing. The WCJ recommended granting reconsideration and rescinding both the original and amended awards due to procedural error. The Appeals Board adopted the WCJ's recommendation, granting reconsideration and returning the case to the trial level for further proceedings. This decision specifically rescinds the April 4, 2016 award and the April 20, 2016 amended award.

Petition for ReconsiderationAmended AwardPermanent Disability BenefitsEvidentiary HearingWCJ ReportRescinded AwardTrial LevelFurther ProceedingsWorkers' Compensation Appeals Board
References
0
Case No. MISSING
Regular Panel Decision
Feb 29, 2012

House v. Commissioner of Social Security

Plaintiff Sheryl L. House sought judicial review of the Commissioner of Social Security's denial of her disability insurance benefits application. A Magistrate Judge issued a Report and Recommendation, concluding that the Administrative Law Judge's decision finding Plaintiff not disabled was supported by substantial evidence. The Magistrate Judge recommended granting the Commissioner's motion for judgment on the pleadings and denying Plaintiff's similar motion. The District Judge adopted this Report and Recommendation in its entirety, thus upholding the denial of disability benefits.

Disability BenefitsSocial Security ActAdministrative Law JudgeResidual Functional CapacityTreating Physician's RuleMedical-Vocational GuidelinesCredibility AssessmentPhysical ImpairmentsJudicial ReviewMotion for Judgment on Pleadings
References
54
Case No. ADJ16771687
Regular
Oct 14, 2025

Susan Gaona vs. ARB, Inc.; Primoris Services Corp.

Defendant ARB, INC. and PRIMORIS SERVICES CORP., administered by THE HARTFORD, filed a petition for removal challenging an August 13, 2025, order setting the matter for trial, asserting that discovery was incomplete. Applicant Susan Gaona filed an answer, and the WCJ recommended denying removal. The Workers' Compensation Appeals Board upheld the WCJ's recommendation, denying the petition. The Board emphasized that removal is an extraordinary remedy and found no evidence of substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. They also stated that parties would have the opportunity to develop the record and raise discovery issues during the trial process.

Petition for RemovalWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationAdmitted EvidenceSubstantial EvidenceWCJ ReportOrder Setting TrialDiscovery
References
6
Case No. ADJ15605011 ADJ16563992
Regular
Sep 02, 2025

ATEFA SAMADI vs. AMAZON

The applicant, Atefa Samadi, filed a Petition for Disqualification against the WCJ following an expedited hearing. The Appeals Board reviewed the petition and the WCJ's Report and Recommendation. The Board adopted the WCJ's report and denied the petition on the merits, citing Labor Code section 5311 and Code of Civil Procedure section 641, which govern the grounds for disqualification. The WCAB found that the petition did not present sufficient facts to establish disqualification, and a judge's expressions of opinion or erroneous rulings in the discharge of official duties are not evidence of bias. The WCJ's report detailed past hearings where the applicant exhibited disruptive behavior and the WCJ's attempts to ensure due process while managing complex issues.

Petition for DisqualificationLabor Code section 5311Code of Civil Procedure section 641WCJ biasunqualified opinionenmitybiasWCAB Rule 10960affidavitdeclaration
References
14
Case No. ADJ8171717
Regular
Oct 09, 2014

ANOUSH MASSIHI vs. OCCIDENTAL COLLEGE, SEABRIGHT INSURANCE COMPANY

This case involves Anoush Massihi's workers' compensation claim against Occidental College and Seabright Insurance Company for continuous trauma injuries. The Defendants petitioned for reconsideration, challenging the Workers' Compensation Judge's (WCJ) reliance on Dr. Sobel's medical opinions, findings on wages and concurrent employment, apportionment, and the employer's Medical Provider Network status. The WCJ's report recommended denying reconsideration, finding that the WCJ properly exercised discretion in weighing medical evidence and that issues of wages and concurrent employment were waived. The WCJ also found sufficient basis for apportionment and that the MPN issue was irrelevant to the decision. The Workers' Compensation Appeals Board adopted the WCJ's report and denied the petition for reconsideration.

Workers' Compensation Appeals BoardOccidental CollegeSeabright Insurance CompanyPetition for ReconsiderationWCJ ReportAnoush MassihiContinuous Trauma InjuryDr. Philip SobelQualified Medical ExaminerPQME
References
0
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