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

Case No. ADJ9139295
Regular
Sep 04, 2015

Arthur Parra vs. COUNTY OF STANISLAUS, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted the County of Stanislaus's Petition for Removal because the Administrative Law Judge (WCJ) engaged in ex parte communication with the applicant during a recess. The WCJ's statements to the applicant expressing empathy and discussing the traumatic nature of the events created an appearance of impropriety and raised doubts about his impartiality. This conduct, particularly speaking about case facts off the record, violated due process principles requiring a neutral decision-maker. Consequently, the case was reassigned to a new WCJ to ensure a fair hearing.

Petition for RemovalAppearance of ImproprietyWCJ ImpartialityIndustrial InjuryPsyche InjuryGood Faith Personnel ActionLabor Code Section 3208.3(h)Declaration of Douglas C. SparksRecusal of WCJCode of Judicial Ethics
References
Case No. ADJ3609087 (LBO 0392035) ADJ1000696 (LBO 0332475)
Regular
Jul 20, 2017

Katherine Staudt vs. University of California Los Angeles, SEDGWICK CMS

This case involved the dismissal of the applicant's workers' compensation claims by the administrative law judge (WCJ) for failing to personally appear at a mandatory settlement conference. The applicant, represented by counsel who did attend, sought reconsideration, arguing that her attorney's presence satisfied the appearance requirement under Labor Code § 5700. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that while the applicant did not personally appear, her attorney's presence constituted a valid appearance. The WCAB rescinded the dismissal order, emphasizing the legal preference for hearings on the merits over dismissals.

WCABPetition for ReconsiderationOrder Dismissing CaseMandatory Settlement ConferenceApplicant's AppearanceAttorney AppearanceLabor Code Section 5700Section 5404.5Compulsory AppearanceNotice of Intent to Dismiss
References
Case No. ADJ9305498 ADJ9305504
Regular
Oct 03, 2016

IRIS PAUSELIUS vs. ABB CONCISE OPTICAL GROUP

The Workers' Compensation Appeals Board (WCAB) granted applicant Iris Pauselius's petition for removal. This action rescinded a prior order by the workers' compensation administrative law judge (WCJ) requiring the applicant's personal appearance at a status conference, with a threat of dismissal. The WCAB found the WCJ's order inappropriate as applicant's counsel had appeared, and only one of the two cases was calendared. The matter is now returned to the trial level for further proceedings.

Petition for RemovalWorkers' Compensation Appeals BoardWCJApplicant appearanceDismissal of casesRescind orderReturn to trial levelPersonal appearanceCounsel appearanceStatus conference
References
Case No. ADJ7035398
Regular
Mar 10, 2010

ANDREW MERLOS vs. COCA COLA ENTERPRISES, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

Defendant Coca Cola Enterprises petitioned for removal of a WCJ's order requiring an adjuster to appear in person at trial with settlement authority. Defendant argued the adjuster was in Ontario, travel was costly, settlement authority was present at the MSC, and the order denied due process. The Appeals Board granted removal, finding the order would not facilitate settlement and the expense was unjustified given the parties' positions. The Board amended the order to allow the adjuster to appear by telephone with settlement authority.

Workers' Compensation Appeals BoardPetition for RemovalOrder to AppearSettlement AuthorityMandatory Settlement ConferenceDue ProcessQualified Medical EvaluationPermanent DisabilityTrial AppearanceTelephone Appearance
References
Case No. ADJ3271362 (LAO 0873186) ADJ665746 (MON 0351716) ADJ6595399
Regular
Jun 07, 2017

MARIA MONTALVO vs. FAA FIRST FEDERAL CREDIT UNION, OAK RIVER INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANY, EVEREST NATIONAL INSURANCE COMPNAY, AMERICAN CLAIMS

A lien claimant petitioned to disqualify the Workers' Compensation Judge (WCJ) because her husband previously represented a defendant in these matters for three years. The Appeals Board granted the petition, finding that the WCJ's husband's prior involvement creates an appearance of impropriety, regardless of his actual level of participation. This appearance of bias, coupled with the possibility that the husband could be a material witness, necessitates reassignment to another WCJ to ensure impartiality. The Board cited due process requirements and judicial ethics regarding the appearance of fairness in administrative proceedings.

Petition for DisqualificationWCJ impartialityappearance of improprietyspouse attorneymaterial witnessCanon 3Code of Judicial Ethicsdue processneutral decision makerprior representation
References
Case No. ADJ8164012
Regular
Jul 01, 2013

HOSSEIN MOGHADAM vs. TESORO USA PETROLEUM, COMMERCE & INDUSTRY INSURANCE

This case concerns a $\$ 250$ sanction imposed on applicant's attorney for failing to appear at a hearing. The applicant's attorney sought reconsideration, arguing a misunderstanding of "special appearance." The Appeals Board denied the petition, adopting the WCJ's reasoning and clarifying that a "special appearance" does not excuse an attorney from a hearing, especially when made by opposing counsel. The Board emphasized that only a WCJ can excuse an appearance or grant a continuance, and cautioned the attorney against future rule violations.

Petition for ReconsiderationOrder Imposing SanctionsFailure to AppearSpecial AppearanceWCJApplicant's AttorneyFiduciary DutiesConflict of InterestContinuanceAppeals Board Rule 10843
References
Case No. ADJ782721 (SBR 0340531)
Regular
Feb 14, 2011

ROSALIND GRANT vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Rosalind Grant's claim due to her failure to appear at trial. The WCAB found the dismissal improper because Grant's attorney was present at trial, and the rules permit dismissal only if a party and their representative fail to appear. Furthermore, the applicant has no obligation to testify, and defendants must formally subpoena an absent applicant or provide a notice to appear to their attorney. The case was returned to the trial level for further proceedings, including potential action on a previously negotiated compromise and release.

ReconsiderationDismissal OrderFailure to AppearCompromise and ReleaseAttorney RepresentationMandatory Settlement ConferenceNotice of Intention to DismissRescinded OrderReturn to Trial LevelHearsay Evidence
References
Case No. ADJ8265185
Regular
Jul 11, 2014

WALTER VELIZ vs. POTENTIAL INDUSTRIES, BERKLEY SPECIALTY

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing a lien claim for failure to appear. The Board found the lien claimant's representative did not make a proper appearance, as they were not present when the case was called despite signing the minutes. Additionally, the claimant failed to comply with mandatory notice provisions and did not provide sufficient good cause for their non-compliance. Consequently, the petition for reconsideration was denied.

Workers' Compensation Appeals BoardReconsideration DeniedLien DismissalNotice of Intention to Dismiss LienLabor Code section 4903.6(b)WCAB Rules 10770.1(e)WCAB Rules 10774.5Electronic Adjudication Management SystemLien ClaimantHearing Representative
References
Case No. ADJ6545416
Regular
Jun 10, 2016

CARLOS LOPEZ vs. MUSEUM SQUARE, STATE COMPENSATION INSURANCE FUND INSURED

Tri-County Medical Group sought reconsideration of a dismissal for non-appearance at a lien trial, arguing their representative had a conflicting appearance and this constituted excusable neglect. While a notice of representation was filed, the Board denied reconsideration. The Board found Tri-County failed to provide adequate grounds for relief under CCP 473(b), as the representative's attendance at other matters, without prior notice to the court, did not rise to the level of excusable neglect. Therefore, the dismissal of Tri-County's lien stands.

Workers' Compensation Appeals BoardLien Claim DismissalReconsiderationNon-AppearanceLien ConferenceExcusable NeglectCode of Civil Procedure Section 473(b)Petition for ReconsiderationNotice of RepresentationWCJ
References
Case No. ADJ10184700
Regular
Nov 29, 2017

JONATHAN PARKER vs. INDY FUEL HOCKEY, GREAT DIVIDE INSURANCE COMPANY

This case involves a defendant insurance company seeking reconsideration of a WCAB decision finding jurisdiction over a professional hockey player's injury claim. The defendant argued the WCAB lacked personal jurisdiction, but the Board denied reconsideration. The defendant waived its objection to personal jurisdiction by failing to timely raise it and instead engaging in discovery and litigating subject matter jurisdiction. Subsequent actions, such as filing a Declaration of Readiness to Proceed and participating in hearings without specifying a special appearance for personal jurisdiction, constituted a general appearance. Therefore, the WCJ's original decision finding jurisdiction was affirmed.

Workers Compensation Appeals BoardIndy Fuel HockeyGreat Divide Insurance CompanyADJ10184700Petition for ReconsiderationPersonal JurisdictionSubject Matter JurisdictionLabor Code 3600.5(a)Labor Code 5301Labor Code 5305
References
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