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

Case No. ADJ1529722
Regular
Apr 23, 2012

ALEXANDRA JAMISON vs. WELLS FARGO BANK, TRAVELERS INSURANCE

This case involves an applicant, Alexandra Jamison, and defendants Wells Fargo Bank and Travelers Insurance. The Workers' Compensation Appeals Board (WCAB) issued an order denying reconsideration of a prior decision. The WCAB adopted and incorporated the reasons presented in the workers' compensation administrative law judge's report for their denial. Therefore, the applicant's petition for reconsideration was unsuccessful.

Workers' Compensation Appeals BoardAlexandra JamisonWells Fargo BankTravelers InsuranceADJ1529722LAO 0830997Order Denying ReconsiderationPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ
References
Case No. ADJ8296919
Regular
Nov 26, 2012

ISMAEL DE LA TORRE vs. WELLS FARGO BANK, SEDGWICK

The Workers' Compensation Appeals Board dismissed Wells Fargo Bank's Petition for Removal and/or Reconsideration. Defendant had requested the rescission of an order continuing the case to trial, asserting it was not ready. However, the parties subsequently agreed to take the case off calendar at the scheduled trial date. Consequently, the Board found the defendant's petition to be moot.

WCABPetition for RemovalPetition for ReconsiderationMootDismissedOff CalendarWCJ OrderAdministrative Law JudgeWells Fargo BankSedgwick
References
Case No. ADJ3791227 (GRO 0030932)
Regular
Feb 14, 2017

LISA LAMPMAN vs. WELLS FARGO BANK, N.A.; SEDGWICK

The Workers' Compensation Appeals Board denied a petition for removal, finding that the defendant failed to demonstrate substantial prejudice or irreparable harm. Although initially deeming the petition untimely, the Board ultimately considered it timely after reviewing proof of service. The Board emphasized that removal is an extraordinary remedy, reserved for situations where reconsideration would not be an adequate remedy. The applicant can raise their issues before the trial judge.

Petition for RemovalWorkers' Compensation Appeals Boarduntimelysubstantial prejudiceirreparable harmreconsiderationextraordinary remedyWCJ reportadministrative law judgeWells Fargo Bank
References
Case No. ADJ1243572 (OAK 0342959)
Regular
Oct 30, 2013

MARIA ESTEBAN vs. WELLS FARGO BANK

The Workers' Compensation Appeals Board granted Wells Fargo's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The Board found that the applicant's stated strategic decision to pursue further discovery after the mandatory settlement conference violated Labor Code section 5502(d)(3), which closes discovery at that point. Therefore, the case was returned to the trial level for a new mandatory settlement conference, with discovery to close as of February 4, 2013. Commissioner Brass dissented, arguing removal was an extraordinary remedy not warranted here.

Petition for RemovalDeclaration of Readiness to ProceedMandatory Settlement ConferenceDiscovery ClosureVocational EvidenceDue DiligenceRescinded OrderPanel Qualified Medical EvaluatorsTotal DisabilityIndustrial Injury
References
Case No. ADJ6988363
Regular
Jun 11, 2013

CATHERINE BLUTCHER vs. WELLS FARGO BANK; SPECIALTY RISK

The Workers' Compensation Appeals Board denied Wells Fargo's petition for reconsideration of an award finding Catherine Blutcher sustained industrial injury to her psyche, internal system, and sleep disorder. The defendant argued the award was unsupported by substantial medical evidence and failed to adequately consider good faith personnel actions as a cause of injury. However, the Board found the defendant failed to meet its burden of proof to establish personnel actions as a substantial cause and that those actions were taken in good faith. Given the defendant's insufficient evidence on this affirmative defense, reconsideration was denied.

Workers' Compensation Appeals BoardIndustrial InjuryPsyche InjurySleep DisorderTemporary DisabilityPermanent DisabilitySubstantial Medical EvidenceGood Faith Personnel ActionBurden of ProofAffirmative Defense
References
Case No. ADJ7680121
Regular
Jun 06, 2011

CARLOS ANDRADE vs. WELLS FARGO & COMPANY, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed Wells Fargo's petition for reconsideration of an order closing discovery and setting the case for trial. The WCAB found the order was procedural, not a final determination of substantive rights, and therefore not subject to reconsideration. The WCAB also denied Wells Fargo's petition for removal, adopting the WCJ's reasoning. Given the trial date has passed, the WCAB ordered the WCJ to reschedule trial with discovery remaining closed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalClosing DiscoveryProcedural OrderFinal OrderSubstantive RightsDeclaration of ReadinessMandatory Settlement ConferenceGood Faith Efforts
References
Case No. LBO 381709
Regular
Mar 11, 2008

ANGELA POPS vs. WELLS FARGO & COMPANY, SPECIALTY RISK SERVICES (Adjusting Agent)

The Workers' Compensation Appeals Board (WCAB) dismissed Wells Fargo's petition for reconsideration because it was not taken from a final order, but rather from a procedural order setting a case for trial. The WCAB also denied Wells Fargo's petition for removal, finding that they failed to demonstrate significant prejudice or irreparable harm from the trial setting, especially since their failure to appear at the mandatory settlement conference was due to institutional neglect. The Board emphasized that the WCJ followed proper procedure by setting the case for trial after the defendant's no-show and that discovery could still be pursued if needed.

Mandatory Settlement ConferencePetition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderDue ProcessSignificant PrejudiceIrreparable HarmMedical LeaveInstitutional Neglect
References
Case No. ADJ9330427
Regular
Feb 22, 2016

ANNABELLE PENARUBIA vs. WELLS FARGO, SEDGWICK

The Workers' Compensation Appeals Board granted reconsideration of a prior decision concerning Annabelle Penarubia and Wells Fargo/Sedgwick. This action was taken due to statutory time constraints and an initial review indicating further study of the factual and legal issues is necessary for a just decision. All future filings related to this petition for reconsideration must be submitted directly to the Appeals Board Commissioners in San Francisco and not to the district office or through EAMS. Pending the decision after reconsideration, any proposed settlements must be promptly communicated to the Appeals Board as a WCJ cannot act on them during this period.

Workers' Compensation Appeals BoardPetition for ReconsiderationGrant of ReconsiderationStatutory Time ConstraintsFactual IssuesLegal IssuesJust and Reasoned DecisionOffice of the CommissionersElectronic Adjudication Management System (EAMS)District Office
References
Case No. ADJ461242 (SFO 0505799)
Regular
Jun 03, 2010

KAREN LEWIS vs. WELLS FARGO, SPECIALTY RISK SERVICES

Defendant Wells Fargo sought removal of an order granting the applicant a 90-day continuance for medical record development. The defendant argued the administrative law judge erred by denying their trial setting request, citing applicant's failure to object to their readiness and due diligence in discovery. However, the defendant has since withdrawn their petition for removal. Consequently, the Workers' Compensation Appeals Board dismissed the petition.

Petition for RemovalMandatory Settlement ConferenceContinuanceMedical Record DevelopmentDeclaration of ReadinessDue DiligenceDiscoveryLabor Code Section 5502(e)(3)Administrative Law JudgeWorkers' Compensation Appeals Board
References
Case No. ADJ1735018
Regular
Oct 28, 2010

CYNTHIA BLACKLEDGE vs. BANK OF AMERICA, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied Bank of America's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result and reconsideration is inadequate. The WCAB found that Bank of America failed to meet these stringent standards. Therefore, the petition was denied.

Petition for RemovalDenying RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAdverse DecisionWCJ ReportBank of AmericaACE American Insurance Company
References
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