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

Case No. LAO 0806287
Regular
Dec 13, 2007

AURORA BARAJAS vs. THE MAINLAND COMPANY, INC. aka CRAZY SHIRTS, INC., ALLIANZ INSURANCE COMPANY, INDEMNITY INSURANCE COMPANY OF AMERICA Administered By ACE USA/ESIS, CENTRE INSURANCE COMPANY Administered By REM, SAFETY NATIONAL CASUALTY CORPORATION Administered By COMPLINK

The Appeals Board granted Shidu Chiropractic's petition for reconsideration and amended the Workers' Compensation Judge's (WCJ) decision. While Shidu was properly notified of the lien trial, the WCJ erred by issuing a Notice of Intention to Disallow Lien Claim instead of a Notice of Intention to Dismiss, and by dismissing the lien with prejudice. The lien is now dismissed without prejudice, acknowledging potential procedural errors by the WCJ.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationDismissal with PrejudiceNotice of Intention to DisallowNotice of Intention to DismissCompromise and ReleaseLien TrialGood CauseWithout Prejudice
References
Case No. ADJ10183569
Regular
Dec 26, 2017

LEAMON PERKINS vs. DON L, KNOX, DLK CAPITAL INC., AMERICAN MODERN INSURANCE COMPANY

This Workers' Compensation Appeals Board decision dismisses a petition for reconsideration and denies a petition for removal. The Board found the WCJ's order denying a petition to vacate without prejudice was not a "final" order, thus precluding reconsideration. Furthermore, the Board denied removal, as the insurer failed to demonstrate substantial prejudice or irreparable harm from an order that preserves their right to address coverage issues at trial. The insurer can raise coverage disputes at the subsequent trial because the WCJ's prior order was not final.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory OrderSubstantive RightThreshold IssueWithout PrejudiceSubstantial PrejudiceIrreparable HarmExtraordinary Remedy
References
Case No. SAL 0113718
Regular
Mar 21, 2008

MANUEL DeLANDA vs. SODEXHO, AIGRM

The applicant sought reconsideration of a workers' compensation claim dismissed with prejudice due to repeated failures to appear at hearings and a medical evaluation. The Appeals Board granted reconsideration, amending the dismissal to be without prejudice. This decision acknowledges the applicant's lack of participation but prioritizes the public policy of disposing of cases on their merits.

Workers' Compensation Appeals BoardReconsiderationDismissal with PrejudiceDismissal without PrejudiceApplication for Adjudication of ClaimLaborerLeft Hand InjuryLeft Wrist InjuryLeft Upper Extremity InjurySequela
References
Case No. ADJ7337820
Regular
Apr 07, 2014

JOHN BOOTY vs. NEW YORK GIANTS, PMA GROUP, Arizona Cardinals, Fairmont Premier Insurance/Zenith Insurance Company

The applicant, a professional football player, claimed cumulative industrial injury against multiple NFL teams, including the New York Giants and the Arizona Cardinals. The applicant requested to dismiss the Arizona Cardinals with prejudice. The Workers' Compensation Appeals Board granted reconsideration, amending the dismissal to be "without prejudice." This preserves the New York Giants' potential right to seek contribution from the Cardinals should they be found liable for benefits. The Board affirmed the applicant's right to choose which defendants to litigate against.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing Party DefendantsCumulative InjuryProfessional Football PlayerNational Football LeagueJurisdictionLiabilityDate of InjuryCompromise & Release Agreement
References
Case No. ADJ9134227
Regular
Dec 18, 2015

VICTOR DIAZ vs. EXXEL OUTDOORS, INC.; THE HARTFORD

The applicant sought reconsideration of a dismissal order, arguing the judge failed to issue a proper notice of intent to dismiss. The Board denied the petition, finding the judge correctly amended an initial dismissal order to correct an error specifying dismissal "with prejudice" instead of "without prejudice" as initially noticed. This amendment was authorized by WCAB Rule 10859 and Labor Code 5803 to rectify a mistake and conform the order to the notice, which the applicant had not objected to. Therefore, no due process violation occurred, and the applicant received the relief sought.

WCABPetition for ReconsiderationAmended Order Dismissing CaseNotice of Intention to DismissDismissal without prejudiceDismissal with prejudiceWCJWCAB Rule 10582WCAB Rule 10780WCAB Rule 10859
References
Case No. ADJ8118860
Regular
Jul 25, 2012

REBECCA BURSON BROWN vs. NEC ELECTRONICS, MITSUI SUMITOMO MARINE MANAGEMENT

This case involves a defendant's petition for removal seeking to overturn a prior administrative order denying their request for a third-party credit without prejudice. The defendant argued a due process violation, while the applicant suggested a settlement was anticipated. The Appeals Board denied removal because the prior denial was without prejudice, allowing the defendant to refile with proper documentation regarding net recovery and employer negligence. The Board found no significant prejudice or irreparable harm to the defendant from the WCJ's procedural ruling.

Petition for RemovalThird Party CreditLabor Code section 3861Employer NegligenceDue ProcessWCJ OrderWithout PrejudiceNet RecoveryApplicant ObjectionWCAB Rule 10843
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. ADJ6959869
Regular
Nov 12, 2013

DAVID BODIN vs. ENTERTAINMENT PARTNERS, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, CHARTIS CLAIMS INC.

The Workers' Compensation Appeals Board granted reconsideration of an order that dismissed "Entertainment Partners" as a party defendant with prejudice. The applicant sought to have the dismissal be without prejudice to allow for potential rejoining of the defendant. The Board agreed with the judge's recommendation to amend the dismissal order. Therefore, Entertainment Partners is dismissed without prejudice, allowing the applicant to potentially rejoin them if further discovery warrants.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing Party DefendantsCumulative Trauma InjuryDismissal Without PrejudiceFinal OrderSubstantive RightLiabilityWorkers' Compensation Administrative Law JudgeRejoin Defendant
References
Case No. ADJ10393758
Regular
Jun 08, 2018

JOSE BASALDUA VALDEZ vs. NORCAL BUILDING SERVICES, INC., STATE COMPENSATION INSURANCE FUND, Rutherford Ashbury, LLC, Patrick F. Mockler

Defendants sought dismissal from a workers' compensation case after the applicant's employer's insurer accepted coverage. The WCJ initially denied this dismissal but later dismissed one defendant without prejudice. The Appeals Board denied the defendants' Petition for Removal, finding it moot due to the subsequent order. However, the Board, on its own motion, granted removal to amend the later order and dismiss the remaining defendant without prejudice, correcting a perceived clerical error.

Workers' Compensation Appeals BoardPetition for RemovalGranting RemovalDecision After RemovalOrder Denying Petition to DismissMinute OrderJoinderGeneral ContractorUninsured Employers Benefits Trust FundSCIF
References
Case No. ADJ7628650
Regular
Dec 18, 2015

JESUS CASTANON vs. INTERNATIONAL PAPER COMPANY

This case concerns lien claimants' right to have their claims adjudicated after the underlying workers' compensation case was dismissed without prejudice. The Workers' Compensation Appeals Board (WCAB) initially ruled it lacked jurisdiction to hear the liens, reasoning that the claimants did not seek reconsideration of the dismissal. However, on reconsideration, the WCAB found it retains jurisdiction over liens even after the main claim is dismissed without prejudice. The Board rescinded its prior order, finding jurisdiction, and returned the matter for further lien proceedings.

Workers' Compensation Appeals BoardLien claimantsJurisdictionDismissal without prejudiceProcedural due processPetition for reconsiderationCase-in-chiefLien disputesApplicantDefendant
References
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