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

Case No. ADJ7487934
Regular
Jun 14, 2012

MARIYA RUBEL vs. CITY AND COUNTY OF SAN FRANCISCO

The Appeals Board granted the defendant's Petition for Removal to amend a prior WCJ order. This amendment allows the defendant to file an amended Pretrial Conference Statement by June 25, 2012, to include additional issues, exhibits, and witnesses. The applicant has until July 2, 2012, to respond to these amendments. The Board did not address claims of bias against the original WCJ as that judge was not assigned to the trial.

Petition for RemovalMandatory Settlement Conferencecontinuancedefense attorneydeath in familyprejudiceamended Pretrial Conference StatementWorkers' Compensation Appeals BoardWCJ biasLabor Code section 5502(e)(3)
References
Case No. ADJ8497883
Regular
Jan 27, 2014

ANGEL ROBLES vs. UKANI ENTERPRISES INC. \& MIRMAR ENTERPRISES INC.; THE HANOVER INSURANCE COMPANY

In this workers' compensation case, the defendant sought to remove an order that placed the matter off calendar, arguing discovery should have closed and the case proceed to trial. The Appeals Board denied the petition, explaining that the administrative law judge correctly took the case off calendar because a pretrial conference statement was not filed, a requirement for proceeding to trial after a mandatory settlement conference. The Board noted that discovery closes at the mandatory settlement conference, and if the case is not resolved at the next one, a pretrial statement must be filed, and the case will then be continued to trial.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceDiscovery ClosingPretrial Conference StatementLabor Code Section 5502(d)(3)Off Calendar OrderDeclaration of Readiness to ProceedAdministrative Law JudgePermanent Disability Rating
References
Case No. ADJ3132417 (AHM 0147500)
Regular
Oct 11, 2013

BRIAN FANNING vs. NISSAN OF GARDEN GROVE, PACIFIC COMPENSATION INSURANCE COMPANY

This case concerns a defendant's petition to remove an order from the Workers' Compensation Appeals Board regarding a medical lien. The defendant argued the lien claimant failed to pay the required activation fee before the lien conference, violating Labor Code section 4903.06(a)(4). The Board found the fee was paid after the conference commenced, and proof of payment wasn't provided, warranting dismissal with prejudice. The Board granted the petition and amended the prior order to dismiss the lien.

Petition for RemovalLien Activation FeeLien ConferenceDismissed with PrejudiceLabor Code Section 4903.06WCABEAMSOrder Approving Compromise & ReleaseWCJLien Trial
References
Case No. ADJ8002481
Regular
Jun 05, 2012

MICHAEL GAMBILL vs. CONSTRUCTION TESTING SERVICES, INC., IMPERIUM INSURANCE COMPANY

In *Gambill v. Construction Testing Services, Inc.*, the Workers' Compensation Appeals Board granted defendant's Petition for Removal. The Board found that defendant's attorney's late appearance at a Mandatory Settlement Conference was due to an inadvertent calendaring error, not a pattern of misconduct. Therefore, substantial justice warranted allowing the parties to revise their Pretrial Conference Statement before the scheduled trial. The Board's decision permits revised pretrial statements and allows the judge to take further appropriate action at trial, including potential continuances.

Petition for RemovalMandatory Settlement ConferenceMiscalendaringInadvertent ErrorSubstantial JusticeReimbursement of CostsPretrial Conference StatementDecision After RemovalWorkers' Compensation Appeals BoardWCJ
References
Case No. ADJ1396723 (LBO 0390648)
Regular
Nov 07, 2014

JESUS MENDOZA SANCHEZ vs. ENTERPRISE RENT-A-CAR, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board granted reconsideration to amend a previous finding regarding admitted exhibits, but otherwise affirmed the original decision. The Board held that the Administrative Law Judge (ALJ) correctly determined compensability of hypertension and diabetes at an Expedited Hearing, and appropriately awarded further medical treatment. Defense counsel was strongly admonished for refusing to complete a Pretrial Conference Statement and mischaracterizing evidence, with sanctions to be determined at the trial level. The matter was returned for further proceedings regarding sanctions and consistent with the opinion.

Petition for ReconsiderationFindings and AwardIndustrial InjuriesHypertensionDiabetesKidney TreatmentExpedited HearingMandatory Settlement ConferenceQualified Medical Evaluator (QME)Substantial Medical Evidence
References
Case No. ADJ3214364 (LBO 0326787)
Regular
Jun 04, 2014

PERNANDO VILLEGAS vs. WOODS EQUIPMENT COMPANY, ST. PAUL INSURANCE CO., FREMONT INDEMNITY CO., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

In this workers' compensation case, lien claimant David S. Nicol, D.C. petitioned for removal, challenging a WCJ's order to continue the matter to a lien conference and appear personally. However, the parties subsequently filed a Pretrial Conference Statement and the case was continued to a lien trial, with Nicol failing to appear. As Nicol did not object to venue or the order for his appearance at the time, his petition for removal is now moot. The Appeals Board dismissed the petition as moot because the issues raised had been resolved or waived.

Petition for RemovalLien claimantWorkers' Compensation Appeals BoardWCJLien conferenceLien trialVenueMootDismissedPretrial Conference Statement
References
Case No. ADJ1718273 (SFO 0464362)
Regular
Feb 22, 2013

MARIANNE WALSH vs. G.A. WRIGHT, INC., CNA CASUALTY OF CALIFORNIA

This case involves a workers' compensation claim where the defendant petitioned for removal, arguing the record was complete for trial. The Appeals Board granted the petition, finding the prior order to continue to a Mandatory Settlement Conference (MSC) was premature. The Board rescinded that order and returned the case to the trial level for an MSC to file a Pretrial Conference Statement, as discovery had closed. The applicant must now attend MSCs and trial in person to facilitate these necessary procedural steps.

Petition for RemovalMandatory Settlement ConferencePretrial Conference StatementLabor Code section 5502(d)(3)Discovery ClosureIndustrial InjuryOverexertion at high altitudeChest wall injuryLung injuryHeart injury
References
Case No. ADJ2829894 (SRO 0138997)
Regular
Apr 18, 2011

CAROL LYNN RANDALL vs. FIRST AMERICAN TITLE, ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding a prior order that closed discovery and intended sanctions. This arose from defense counsel's claimed failure to receive notice of a mandatory settlement conference, preventing their appearance and due process. The Board allowed the defendant to file a pretrial conference statement, will allow a trial on the merits regarding indemnity payments, and will address sanctions separately. The trial date was continued to allow for these proceedings.

Petition for RemovalMandatory Settlement ConferenceDue ProcessSanctionsEAMSStipulation and AwardIndemnity PaymentsPretrial Conference StatementWCJWorkers' Compensation Appeals Board
References
Case No. ADJ3157778 (SBR 0342745)
Regular
Aug 26, 2011

Carrita Morales vs. COUNTY OF RIVERSIDE, DEPARTMENT OF PUBLIC HEALTH

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's untimely Petition for Removal due to its late filing. However, the WCAB granted removal on its own motion, citing significant procedural and record-keeping deficiencies. These included a lack of scanned documents in the EAMS system, applicant's waiver of objections to proceeding to trial, and the absence of a proper pretrial conference statement and exhibits. The case was rescinded from the WCJ's order and returned to the trial level for a Mandatory Settlement Conference and further proceedings to establish a complete record.

Petition for RemovalDismissalGranting RemovalOwn Motion RemovalDecision After RemovalWCJDiscovery ReopenedSleep ReportInsomniaPermanent and Stationary
References
Case No. ADJ4639631 (MON 0327478)
Regular
Nov 08, 2012

MARY JONES vs. UCLA MEDICAL CENTER, SEDGWICK, CMS

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, finding that the judge improperly continued the case to trial after a status conference without defendant's agreement. The Board rescinded the judge's order, stating that a mandatory settlement conference (MSC) is required after a status conference unless parties agree otherwise. The case is returned for further proceedings, including setting a new MSC, with discovery remaining open to allow the defendant to complete its investigation.

Petition for RemovalWCJStatus ConferenceMandatory Settlement ConferenceDiscoveryOff CalendarLabor Code Section 5502(e)(3)WCAB Rule 10301(dd)Pretrial Conference StatementDeclarations of Readiness to Proceed
References
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