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Case Law Database

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

Case No. ADJ9058932

Regular

Jul 28, 2014

DIANA OCHOA vs. COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC SOCIAL SERVICES, SEDGWICK CMS

The Appeals Board dismissed the defendant's Petition for Removal, finding it was an improper remedy for contesting a final order to pay a deposition fee. Treating the petition as one for reconsideration of the WCJ's order to pay $1,300 in deposition fees, the Board also dismissed it as untimely filed. The defendant's objection was overruled via WCJ correspondence on April 22, 2014, making the petition for reconsideration due by May 19, 2014, but it was filed on May 27, 2014. The Board would have denied reconsideration on the merits due to the WCJ's reasoning, had it been timely.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationLabor Code section 5710Deposition FeeWCJDue ProcessFinal OrderTimely FiledEvidentiary Hearing

References

Case No. ADJ7807379

Regular

Oct 27, 2014

ANDREA BLAKE vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the WCJ had already timely vacated the original order of dismissal for lack of prosecution. The WCJ's action, though miscaptioned as a report and recommendation, effectively rescinded the dismissal within the 15-day timeframe allowed by regulation. This occurred after the applicant argued their case should not have been dismissed without prejudice, claiming their attorney never received notice of the initial dismissal. Consequently, the WCAB dismissed the petition for reconsideration as moot, recognizing the WCJ's prior correction.

Workers Compensation Appeals BoardDismissal for Lack of ProsecutionPetition for ReconsiderationOrder Vacating DismissalMoot PetitionTimely ObjectionRescinded OrderAdministrative Law JudgeWCJTitle 8 CCR Sect. 10859

References

Case No. ADJ10793351

Regular

Sep 23, 2019

PHILLIP PUCCIARELLO vs. UNIVERSAL PROTECTION SERVICE, permissibly self-insured dba ALLIED, UNIVERSAL SECURITY, ESIS CHATSWORTH

The Workers' Compensation Appeals Board (WCAB) dismissed defendant's petition for reconsideration because the WCJ's order denying dismissal was not a final order. However, the WCAB granted the defendant's petition for removal. The WCAB found the defendant's initial notice of intent to dismiss was properly served and rescinded the WCJ's denial of dismissal. The matter was returned to the WCJ to issue a ten-day notice of intention to dismiss for failure to prosecute, as defendant's independent investigation of mail delivery was improper.

WCABPetition for ReconsiderationPetition for RemovalWCAB Rule 10582Petition to DismissFailure to ProsecuteOrder Denying Petition for DismissalApplicantDefendantAdministrative Law Judge

References

Case No. ADJ17569878

Regular

Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

Lien Claimant Oracle Imaging Riverside sought reconsideration of an Order Dismissing Lien issued on December 23, 2024, by the WCJ, following its alleged failure to object to a notice of intention to dismiss. Oracle contended it had not received proper notice of the hearing date, attributing this to the Appeals Board not sending notifications to its P.O. Box. The Appeals Board dismissed the Petition for Reconsideration as premature, returning the matter to the trial level for the WCJ to consider the Petition as one seeking to set aside the Order Dismissing Lien. The Board noted that any aggrieved party may seek reconsideration after the WCJ issues a subsequent decision.

Petition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionFailure to AttendProper NoticeBad AddressReport and RecommendationCompromise and Release AgreementOrder Approving Compromise and Release

References

Case No. ADJ2135528 (VNO 0550980)

Regular

May 22, 2015

NUREN KARTAL vs. THREE HANDS CORPORATION, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves a petition for reconsideration filed by the defendants, Three Hands Corporation and Oak River Insurance Company. The Workers' Compensation Appeals Board (WCAB) has dismissed the petition. This dismissal is based on the WCJ's report, which found the petition moot because the WCJ issued a corrected award superseding the original one. Therefore, the WCAB adopted the WCJ's reasoning and dismissed the reconsideration.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportmootSecond Amended Supplemental FindingsFirst Amended Joint FindingsApplicantDefendantInsurance CompanyAdministrative Law Judge

References

Case No. ADJ6677451

Regular

Dec 24, 2013

ANTONIO VALENZUELA vs. MCCALL'S NURSERIES, INC.; HORTICA INSURANCE & EMPLOYEE BENEFITS

The Appeals Board dismissed the defendant's petition for reconsideration. The Board granted the defendant's petition for removal, finding the WCJ improperly vacated earlier orders dismissing lien claims. The WCJ lacked authority to act after an untimely lien claimant petition for reconsideration. Therefore, the Board rescinded the WCJ's order vacating the lien dismissals.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Vacating Lien DismissalsLien Activation FeeMandatory Settlement ConferenceDue ProcessUltra ViresWCAB Rule 10500(b)WCAB Rule 10859

References

Case No. ADJ2664628 (MON 0192129)

Regular

May 01, 2018

FAHMY ATTIA vs. GTE CORPORATION, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration. This dismissal was based on the defendant's failure to properly serve the applicant with the petition and to file a proof of service. The WCJ's report recommended dismissal due to these procedural defects. The Board adopted the WCJ's report, finding the petition was invalidly filed and therefore dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardreimbursementmileageparkingmedical treatmentsubstantial evidenceproof of serviceadverse parties

References

Case No. ADJ3865022 (LAO 837425) ADJ1234925 (LAO 837426) ADJ4652554 (LAO 889199) ADJ4467339 (LAO 889200)

Regular

Dec 08, 2008

MANUEL VILLARREAL vs. DELUXE LABORATORIES, LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board denied Defendant's petition for removal, finding no substantial prejudice or irreparable harm, and dismissed their petition for reconsideration as it was not from a final order. The Board noted that Applicant's refiling of dismissed claims was procedurally irregular and that the WCJ incorrectly denied dismissal on procedural grounds without addressing the substantive issue of good cause for relief from dismissal. The case is returned to the trial level for the WCJ to consider Defendant's contention that Applicant must show good cause to set aside the earlier dismissal order and to potentially dismiss the later-filed applications.

Petition for RemovalPetition for ReconsiderationWCJDismissal Without PrejudiceDuplicate ClaimsStatute of LimitationsLabor Code Section 5405Applications for Adjudication of ClaimNotice of Intention to DismissGood Cause to Set Aside Dismissal

References

Case No. ADJ8008848; ADJ8012651

Regular

Feb 23, 2015

MARCELA QUIRINO vs. MARMALADE CAFÉ, Permissibly Self-Insured, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION Administered by AMERICAN CLAIMS MANAGEMENT

This case involves a Petition for Removal filed by Lien Claimants challenging a Workers' Compensation Judge's (WCJ) notices of intent to sanction Dr. Rubanenko and dismiss lien claims. The Lien Claimants argued the WCJ lacked jurisdiction due to pending prior removal petitions, but the Appeals Board found the WCJ retained jurisdiction. Because the WCJ proceeded and issued orders addressing these issues, the current Petition for Removal was dismissed as moot, with further appeals or reconsideration being the proper avenue for challenging any final orders. The Board also denied the request to remove the WCJ as the showing of prejudice or bias was insufficient.

Removal PetitionLien ClaimantNotice of Intention to Dismiss LiensNotice of Intention to Award CostsSanctionsWCJ JurisdictionPetition for RemovalMPNMedical Provider NetworkPrejudice

References

Case No. ADJ3802070 (OAK 0299591)

Regular

Sep 21, 2010

KATHY MCFALL vs. CITY OF TRACY; ACCLAMATION FRESNO

The WCAB denied the defendant's petition for removal, which sought to rescind a WCJ's order denying dismissal. The WCJ had correctly noted that the defendant vitiated its dismissal petition by concurrently filing a Declaration of Readiness to Proceed, thus reactivating the case. Although the defendant's petition was dismissed without prejudice, the Board clarified that filing a DOR does not prevent a case from being dismissed if inactive for over a year. The case is now scheduled for a mandatory settlement conference where the dismissal issue can be addressed on its merits.

WCABPetition for RemovalPetition for DisqualificationWCJ8 Cal. Code Regs. § 10582Declaration of Readiness to ProceedPetition to DismissOff CalendarMandatory Settlement ConferenceIndustrial Injury

References

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Updated Daily

Case Law Database

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

Case No. ADJ9058932

Regular

Jul 28, 2014

DIANA OCHOA vs. COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC SOCIAL SERVICES, SEDGWICK CMS

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationLabor Code section 5710Deposition FeeWCJDue ProcessFinal OrderTimely FiledEvidentiary Hearing

References

Case No. ADJ7807379

Regular

Oct 27, 2014

ANDREA BLAKE vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ10793351

Regular

Sep 23, 2019

PHILLIP PUCCIARELLO vs. UNIVERSAL PROTECTION SERVICE, permissibly self-insured dba ALLIED, UNIVERSAL SECURITY, ESIS CHATSWORTH

WCABPetition for ReconsiderationPetition for RemovalWCAB Rule 10582Petition to DismissFailure to ProsecuteOrder Denying Petition for DismissalApplicantDefendantAdministrative Law Judge

References

Case No. ADJ17569878

Regular

Apr 28, 2025

Marvin Pineda Contreras vs. Southwest Plastering, Inc.; Zenith Insurance Company

References

Case No. ADJ2135528 (VNO 0550980)

Regular

May 22, 2015

NUREN KARTAL vs. THREE HANDS CORPORATION, OAK RIVER INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

References

Case No. ADJ6677451

Regular

Dec 24, 2013

ANTONIO VALENZUELA vs. MCCALL'S NURSERIES, INC.; HORTICA INSURANCE & EMPLOYEE BENEFITS

References

Case No. ADJ2664628 (MON 0192129)

Regular

May 01, 2018

FAHMY ATTIA vs. GTE CORPORATION, ACE AMERICAN INSURANCE COMPANY

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardreimbursementmileageparkingmedical treatmentsubstantial evidenceproof of serviceadverse parties

References

Case No. ADJ3865022 (LAO 837425) ADJ1234925 (LAO 837426) ADJ4652554 (LAO 889199) ADJ4467339 (LAO 889200)

Regular

Dec 08, 2008

MANUEL VILLARREAL vs. DELUXE LABORATORIES, LIBERTY MUTUAL INSURANCE COMPANY

References

Case No. ADJ8008848; ADJ8012651

Regular

Feb 23, 2015

MARCELA QUIRINO vs. MARMALADE CAFÉ, Permissibly Self-Insured, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORPORATION Administered by AMERICAN CLAIMS MANAGEMENT

Removal PetitionLien ClaimantNotice of Intention to Dismiss LiensNotice of Intention to Award CostsSanctionsWCJ JurisdictionPetition for RemovalMPNMedical Provider NetworkPrejudice

References

Case No. ADJ3802070 (OAK 0299591)

Regular

Sep 21, 2010

KATHY MCFALL vs. CITY OF TRACY; ACCLAMATION FRESNO

WCABPetition for RemovalPetition for DisqualificationWCJ8 Cal. Code Regs. § 10582Declaration of Readiness to ProceedPetition to DismissOff CalendarMandatory Settlement ConferenceIndustrial Injury

References

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