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

Case No. ADJ3507926 (MON 0335218)
Regular
Mar 04, 2013

Douglas Maida vs. GEP Entertainment Services, AIG Claim Services, Inc.

The applicant's attorney sought to withdraw from representation due to a breakdown in the attorney-client relationship, primarily stemming from the applicant's frustration over a credit issue. The Workers' Compensation Appeals Board dismissed the petition for reconsideration because the WCJ's order denying withdrawal was not a final order. However, the Board granted the petition for removal, rescinded the WCJ's order, and allowed the attorney's withdrawal. The case is returned to the Presiding Judge to address the unresolved credit issue, potentially through a settlement conference with the applicant appearing in pro per.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJWithdrawal of AttorneyCumulative TraumaStipulations with Request for AwardPermanent DisabilityCreditThird Party Case
References
0
Case No. ADJ8278101 ADJ8278102 ADJ10320660
Regular
Jan 30, 2017

JESUS GUZMAN vs. ABBOT’S PIZZA, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY, INSURANCE COMPANY OF THE WEST, SECURITY NATIONAL INSURANCE COMPANY

This case involves multiple petitions stemming from an administrative law judge's rescission of a previously approved Compromise and Release. The Appeals Board dismissed Security National's petitions as they were not a party to the original agreement and dismissed Employers Comp's petition due to withdrawal. Insurance Company of the West's reconsideration petition was dismissed as interlocutory, but its removal petition was granted to address due process concerns. The Board amended the rescission order to require a hearing on whether the original settlement should be rescinded, returning the case to the WCJ for further proceedings.

Compromise and ReleaseOrder ApprovingOrder RescindingPetition for ReconsiderationPetition for RemovalSupplemental PleadingSanctionsAggrieved PartyFinal DecisionInterlocutory Order
References
10
Case No. ADJ8875197
Regular
Mar 03, 2017

ALAYNE ANNE BRAND vs. MOUNT DIABLO UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) denied the applicant's petition for removal filed on December 21, 2016, finding no substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The applicant's subsequent petition for removal, filed on January 4, 2017, seeking disqualification of the WCJ, was dismissed upon the applicant's attorney's withdrawal of that petition. The WCAB adopted the WCJ's report and reasoning in its decisions. The applicant also failed to comply with statutory requirements for removal requests.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ disqualificationsubstantial prejudiceirreparable harmreconsiderationextraordinary remedyLabor Code section 5311Appeals Board Rule 10452notice of withdrawal
References
2
Case No. ADJ7047387
Regular
Dec 17, 2012

CECILIA ALAS vs. G & G APPAREL aka B FRIEND, INC., ACE PROPERTY & CASUALTY Administered By ESIS

This case involves a petition for reconsideration filed by a defendant in a workers' compensation matter. The petitioner subsequently withdrew their petition. The Workers' Compensation Appeals Board is dismissing the petition due to its withdrawal. The Board also admonishes the e-filing petitioner for failing to notify the Reconsideration Unit via email of the withdrawal, which led to wasted Board resources.

ADJ7047387Petition for Reconsiderationwithdrawndismissede-filerControl UnitReconsideration UnitEAMS Reference GuideElectronic FilingDWC website
References
0
Case No. ADJ12194488
Regular
Oct 27, 2020

John Babbitt vs. County of Los Angeles/Sheriff's Department

This case concerns a Petition for Removal filed by the defendant, the County of Los Angeles/Sheriff's Department. The Workers' Compensation Appeals Board (WCAB) dismissed the petition based on the September 2, 2020 Minutes of Hearing, which indicated the defendant intended to withdraw it. Even if the withdrawal had not been noted, the WCAB would have denied the petition after reviewing the record and the WCJ's report.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportMinutes of HearingDismissalWithdrawalApplicantDefendantCounty of Los AngelesSheriff's Department
References
0
Case No. ADJ9212812
Regular
Jan 26, 2018

VERN MILLARD vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Vern Millard's Petition for Reconsideration because it was skeletal and lacked specific legal and factual grounds. Although the applicant's attorney attempted to withdraw the petition, the withdrawal request was unsigned. The WCAB cited Labor Code § 5902 and Appeals Board Rules 10842, 10846, and 10852, which require detailed grounds and specific record references. Without proper support, the petition was subject to dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationSkeletal PetitionDismissalLabor CodeAppeals Board RulesWCJ ReportVerificationProof of ServiceWithdrawal Request
References
7
Case No. ADJ1098795 (OAK 0342377)
Regular
Jan 19, 2016

ADA WILLIAMS vs. PACIFIC SCHOOL OF RELIGION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because the WCJ's order denying withdrawal from an Agreed Medical Evaluator (AME) was not a final order. The Board also denied the applicant's Petition for Removal, finding she failed to demonstrate the likelihood of substantial prejudice or irreparable harm. While applicant alleged inappropriate comments from the AME, there was no evidence of bias, and the necessity of a further evaluation was questioned. The Board also admonished applicant's attorney for unprofessional language in their filings.

Workers' Compensation Appeals BoardAgreed Medical EvaluatorPetition for ReconsiderationPetition for RemovalNon-final orderInterlocutory procedural ordersSubstantive rights and liabilitiesExtraordinary remedySubstantial prejudiceIrreparable harm
References
4
Case No. ADJ10831597
Regular
Jan 07, 2020

JENNIFER SALEY vs. TECHNICOLOR USA, INC.; ACE USA administered by TRISTAR

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration and denied their Petition for Removal. The Board found that the Administrative Law Judge's order vacating submission and ordering further record development was an interlocutory procedural order, not a final one subject to reconsideration. They also rejected the defendant's argument that the applicant's withdrawal of a psychiatric claim barred proof of physical injury aggravation from stress. Finally, the Board concluded no significant prejudice or irreparable harm would result from denying removal.

Order Vacating SubmissionPetition for ReconsiderationPetition for RemovalPsychiatric InjuryColitisAgreed Medical EvaluatorQualified Medical EvaluatorPrimary Treating PhysicianInflammatory Bowel DiseaseCausation
References
10
Case No. ADJ4271541 (LBO 0393859)
Regular
May 15, 2014

DANILO YAP vs. LOS ANGELES DEPARTMENT OF WATER & POWER

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the WCJ's Order Vacating the prior order relieving counsel was not a final order. The WCAB also denied the petition for removal, finding the applicant failed to demonstrate significant prejudice or irreparable harm from the order. Applicant contended his attorney's withdrawal and alleged misconduct by both parties' counsel prejudiced his case. The WCAB concluded no extraordinary circumstances justified removal and applicant could seek reconsideration after a final order.

Petition for ReconsiderationPetition for RemovalOrder Vacating OrderAttorneys of RecordLaw Offices of George HendersonWCJWorkers' Compensation Appeals BoardFinal OrderSubstantive RightIrreparable Harm
References
5
Case No. ADJ3890427 (SAC 0364747) ADJ6797951
Regular
Dec 15, 2010

JOHN ERICK RITCHIE vs. CMC FONTANA STEEL, ACE INSURANCE COMPANY

In case ADJ3890427, the Workers' Compensation Appeals Board (WCAB) has issued an order dismissing the applicant's petition for reconsideration. This dismissal is due to the petitioner's withdrawal of the petition. The WCAB's decision reflects that the original decision from October 14, 2010, will stand as a result of this withdrawal.

Petition for ReconsiderationWorkers' Compensation Appeals BoardDismissedWithdrawnDecisionOctober 14 2010CMC Fontana SteelAce Insurance CompanyADJ3890427SAC 0364747
References
0
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