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Case Law Database

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

Case No. ADJ3269128 (SAC 0315100)
Regular
Jan 29, 2010

STEFANIE KING vs. SIERRA FAMILY SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns a defendant's petition for reconsideration of an administrative law judge's (WCJ) order for further medical record development. The Appeals Board dismissed the petition, finding the challenged order was not a "final order" subject to reconsideration. The Board also rescinded the WCJ's subsequent order appointing a physician, as the WCJ lacked authority to issue it while a petition for reconsideration was pending. Removal was granted on the Board's own motion to address the impropriety of the WCJ's order.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Granting RemovalDecision After RemovalAdministrative Law JudgeFinding and OrderCumulative PeriodIndustrial InjuryMononucleosisEpstein-Barr Syndrome
References
7
Case No. ADJ3107843 (MON 0208626)
Regular
Oct 05, 2009

CHRIS DERBOGHOSSIAN vs. ALL TUNE & LUBE, ERIE INSURANCE COMPANY, CRAWFORD & COMPANY

The Board affirmed the WCJ's decision except for the attorney's fees award for the applicant's wife deposition; the contempt order was rescinded as the WCJ lacked authority to address indirect contempt.

WCABremovalreconsiderationdisqualificationcontemptindirect contemptLabor Code section 5814transportation expenseattorney feesmedical treatment
References
11
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 As no objections were received, the WCAB rescinded the WCJ's prior approval and entered a new order approving the C&R with the addenda.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. ADJ10614689
Regular
May 04, 2018

ALEJANDRO SOSA vs. ADVANCED KNITTING MILLS, EMPLOYERS PREFERRED INSURANCE COMPANY

The applicant sought reconsideration of a WCJ's order for an additional orthopedic QME panel, arguing it was an abuse of discretion and caused prejudice. The Appeals Board dismissed the reconsideration petition as the order was not a final decision. However, the Board granted the petition for removal, finding the WCJ erred by ordering the panel based on a QME's recommendation for treatment rather than a disputed medical issue outside the QME's scope. The Board rescinded the WCJ's order, returning the matter for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalQualified Medical EvaluatorQME panelOrthopedicsChiropracticMedical-legal evaluationAbuse of discretionSubstantial prejudice
References
5
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. ADJ8350670
Regular
Jun 24, 2014

SALOMON LOPEZ vs. D & T FOODS, ILLINOIS MIDWEST INSURANCE CO.

This case involves a dispute over the approval of a Compromise and Release (C&R) in a workers' compensation claim. The applicant sustained injuries to his back, legs, and abdomen. The WCJ issued an order requiring further medical evaluation despite the parties filing an amended C&R. The defendant petitioned for removal, arguing the WCJ's order was inappropriate. The Appeals Board granted the petition, rescinded the WCJ's order, and approved the amended C&R, awarding the applicant a net recovery of $15,335.71.

Petition for RemovalCompromise and ReleaseWCJ OrderQME evaluationAME evaluationabdominal aspectsdriver unloaderindustrial injurypermanent disability advancesattorney's fee
References
0
Case No. ADJ7184070
Regular
Aug 17, 2016

ARMANDO RODRIGUEZ vs. PACIFIC EXTERIORS, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's Petition for Removal and Disqualification of the WCJ. The lien claimant sought to challenge an order rescinding an earlier lien allowance and a notice of intent to sanction them for allegedly obtaining a settlement without proper authority. The Board found that the lien claimant had adequate recourse through a petition for reconsideration regarding sanctions and that the disqualification allegations were not supported by the record. The WCJ acted appropriately by rescinding the order when concerns were raised, and no bias was demonstrated.

Petition for RemovalWCJLien ClaimantSanctionsDisqualificationCompromise and ReleaseLabor CodeAdministrative Law JudgeOrder Re: LienPetition for Reconsideration
References
1
Case No. ADJ8429633
Regular
Feb 18, 2015

MARINA SANCHEZ vs. PRUDENTIAL OVERALL SUPPLY, TRISTAR RISK MANAGEMENT SERVICES

The Appeals Board granted defendant's Petition for Removal, rescinding the WCJ's order for the claims adjuster to appear and explain his unavailability. The Board found the WCJ exceeded his authority by prejudging the case and ordering the appearance punitively. The matter is returned to the trial level, and the Petition for Disqualification was dismissed as moot. The case is to be heard by a different WCJ to avoid the appearance of bias.

Petition for RemovalPetition for DisqualificationWorkers' Compensation Appeals BoardWCJSanctionsThird Party AdministratorCompromise and ReleaseLien ConferenceInjury AOE/COESubstantial Evidence
References
1
Case No. ADJ12674446
Regular
Jul 25, 2025

MICHAEL KREZA, SHANNA KREZA vs. CITY OF COSTA MESA FIRE DEPARTMENT, ADMINSURE

Applicant Shanna Kreza, guardian ad Litem for deceased Michael Kreza, sought reconsideration or, alternatively, removal and disqualification of a Workers' Compensation Administrative Law Judge (WCJ) after the WCJ issued an Order Suspending Action. The WCJ's order questioned the requested attorney's fees as excessive, which the applicant argued created an appearance of bias. The Workers' Compensation Appeals Board dismissed the petition for reconsideration, deeming the WCJ's order interlocutory. However, the Board granted the petitions for removal and disqualification, finding an appearance of bias by the WCJ due to unqualified opinions on attorney's fees. Consequently, the WCJ was disqualified, their May 12, 2025 Order was rescinded, and the case was returned for reassignment to a new WCJ.

Workers' Compensation Appeals BoardFirefighterDeath ClaimAttorney FeesExcessive FeesPetition for ReconsiderationPetition for RemovalPetition for DisqualificationWCJ BiasOrder Suspending Action
References
10
Case No. ADJ3218661 (OAK 0339889)
Regular
Feb 07, 2011

CHANCE ROLLINS vs. JOHN MARTIN STABLES, INC.; AMERICAN HOME ASSURANCE administered by AIG, CLAIMS SERVICES

The Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petition for reconsideration, finding the WCJ's ruling was not a final order. However, the Board granted removal, rescinded the WCJ's order, and denied the applicant's request for a neurology consultation under Labor Code §4601(a). The matter was returned to the trial level with instructions to issue an order for a new QME panel in neurology, as Dr. Jamasbi's request for a consultative neurological evaluation constituted good cause for a new panel under 8 Cal. Code Regs. §31.7. Attorney fees for the ex parte communication were upheld.

WCABPetition for ReconsiderationPetition for RemovalLabor Code 4601(a)Labor Code 4062.3QMEAgreed Medical EvaluatorNeurological ConsultMedical DirectorSpecialty Panel
References
0
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