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Case Law Database

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

Case No. SBR 0271963; SBR 0247442; SBR 0247444; SBR 0247445; VNO 0299465; LAO 0761513; LAO 0761514; LAO 0761515; LAO 0761516; LAO 0761517; LAO 0761518; LAO 0761519; LAO 0761520; LAO 0761521; LAO 0761522; LAO 0761523; LAO 0761524; LAO 0761525; LAO 0761526; LAO 0761527; LAO 0761528; LAO 0761529; LAO 0761530
Regular
Dec 10, 2007

EDAR Y. ROGLER vs. LAW OFFICES OF ROBERT E. JOHNSON; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed an attorney's petition seeking to remove or disqualify Judge Kacey Joseph Keating from presiding over her cases. The WCAB found the petition for removal procedurally improper and the petition for automatic reassignment untimely, as prior hearings involving the judge had occurred. Furthermore, the WCAB denied the disqualification petition because the applicant failed to provide legally sufficient grounds or a required affidavit.

WCABPetition for RemovalPetition for Automatic ReassignmentPetition for DisqualificationWCJLabor Code Section 5311WCAB Rule 10453WCAB Rule 10452Code of Civil Procedure Section 641Attorney Applicant
References
0
Case No. ADJ7393344
Regular
Jun 19, 2012

CONNIE WHITTED vs. DHL ENTERPRISES LLC BRIGHT STAR HEALTH CARE, CHARTIS

This case concerns a petition initially filed as a "Petition for Disqualification and Reassignment," which was later amended to solely seek automatic reassignment of the judge under WCAB Rule 10453. The Appeals Board dismissed the disqualification aspect, attributing the confusion to the applicant's attorney's imprecise captioning. While the petition for automatic reassignment is remanded for determination by the presiding judge, the Board notes it was filed before a trial or expedited hearing, making its denial likely. The Board cautioned the attorney about wasted resources and the potential for future sanctions due to careless pleading.

WCAB Rule 10453WCAB Rule 10452peremptory challengedisqualificationautomatic reassignmentpresiding judgePetition for Disqualificationamended petitionJudge Brigham JonesReport and Recommendation
References
6
Case No. 04-15739
Regular Panel Decision
Jun 19, 2006

Continental Casualty Co. v. Pfizer, Inc. (In re Quigley Co.)

Plaintiffs Continental Casualty Company and Continental Insurance Company initiated an adversary proceeding against Pfizer, Inc., Quigley Company, Inc. (a debtor-in-possession and Pfizer's subsidiary), and numerous other insurance companies. The plaintiffs sought a declaratory judgment that certain policies excluded coverage for asbestos-related claims, or alternatively, to reform them and apportion liability. Pfizer and Quigley moved to dismiss for lack of subject matter jurisdiction and failure to state a claim regarding anticipatory repudiation. A group of defendant insurers (Certain Insurers) sought to stay the proceeding and lift the automatic stay for arbitration. The court denied the motion to dismiss for lack of subject matter jurisdiction. It stayed Counts One, Two, and Three, and Guildhall's cross-claim, pending the arbitration of coverage disputes, granting the Certain Insurers relief from the automatic stay to commence arbitration. Count Four, concerning anticipatory repudiation, was dismissed without prejudice.

BankruptcyInsurance Coverage DisputeAsbestos LiabilityDeclaratory Judgment ActArbitration AgreementStay of LitigationMotions to DismissAnticipatory RepudiationWellington AgreementPolicy Exclusions
References
52
Case No. ADJ742262 (SBR 0328044)
Regular
Dec 01, 2009

Thomas Turner vs. CITY OF RIALTO

Applicant's petition for disqualification is dismissed as moot; matter remanded for automatic reassignment to another WCJ.

Petition for disqualificationAutomatic reassignmentWCJ biasPrior employmentDue processTimely motionWCAB Rule 10453Moot petitionRemandAdministrative law judge
References
2
Case No. ADJ8217179
Regular
Jun 18, 2012

CYNTHIA BRUNNEMER vs. DFA OF CALIFORNIA, LIBERTY MUTUAL

Applicant's attorney filed a petition that was initially miscaptioned as a "Petition for Disqualification," causing confusion for the Workers' Compensation Judge. The applicant later amended the petition to clarify it sought only an "automatic reassignment" (peremptory challenge) of the judge, not disqualification. The Appeals Board dismissed the disqualification portion and remanded the reassignment petition for determination by the presiding judge or a designee. The Board cautioned the attorney about the wasted time and resources due to the imprecise initial filing.

Petition for DisqualificationAutomatic ReassignmentWCJWCAB Rule 10453WCAB Rule 10452Peremptory ChallengePresiding WCJReport and RecommendationLab. Code § 5311Cal. Code Regs. tit. 8 § 10452
References
5
Case No. ADJ9668991
Regular
Dec 22, 2017

SALVADOR VARGAS, vs. EXCEL STAFFING, SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY, PACKARD CLAIMS ADMINISTRATION

The Appeals Board dismissed the defendant's Petition for Reconsideration of an order vacating a Notice of Intent to dismiss a lien, finding it was not a final order. The Board granted the Petition for Removal, rescinded the September 29, 2017 order, and returned the matter to the trial level. This action was taken because the lien had already been dismissed by a prior order on August 15, 2017, making the subsequent order to vacate it erroneous. However, the Board noted the lien claimant's assertion of an automatic stay under Labor Code section 4615 due to alleged fraud charges, which, if proven, would render the August 15, 2017 dismissal void.

Salvador VargasExcel StaffingSoutheast Personnel LeasingState National Insurance CompanyPackard Claims AdministrationCalifornia Imaging Beverly HillsWCABPetition for ReconsiderationPetition for RemovalOrder Dismissing Lien
References
9
Case No. ADJ8938458
Regular
Jun 16, 2014

JUAN SOLANO RAMIREZ vs. ELAINE BELL CATERING, CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved a Petition for Reconsideration filed by former attorney Kenneth Martinson concerning a dismissed claim. Martinson argued the claim was dismissed before he could pursue his lien for fees. However, Martinson subsequently withdrew his Petition for Reconsideration and also requested the dismissal of his lien. Consequently, the Board dismissed the Petition for Reconsideration as withdrawn and dismissed Martinson's lien by operation of law.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien DismissalLabor Code Section 5710Appeals Board Rule 10770(g)Appeals Board Rule 10770(h)Dismissal of ClaimLien ClaimantWithdrawal of PetitionAttorney Fees
References
0
Case No. ADJ6876456
Regular
Jan 27, 2010

MARILYN BROWN vs. COLLECTCORP CORPORATION, HARTFORD UNDERWRITERS INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because it was filed against a non-final order denying a motion to dismiss. The WCAB also dismissed the defendant's Petition for Removal as untimely, as it was filed more than 20 days after the order it challenged. Furthermore, the defendant failed to demonstrate significant prejudice or irreparable harm, which is required for removal. Therefore, both the petition for reconsideration and the petition for removal were dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAdministrative Law JudgeLabor Code $\S 5405$JurisdictionDue ProcessFinal OrderTimelinessCalifornia Code of Regulations
References
5
Case No. ADJ7768905
Regular
Sep 13, 2016

TRACEY LOMBARDI vs. SCRIPPS MEMORIAL HOSPITAL, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition, which sought disqualification of the administrative law judge, removal, and reconsideration. The disqualification petition was denied as untimely, filed after the swearing of the first witness. The removal petition failed to demonstrate substantial prejudice or irreparable harm. Finally, the reconsideration petition was dismissed because it did not seek review of a final order, but rather an interlocutory procedural decision.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for RemovalPetition for ReconsiderationLabor Code Section 5311Appeals Board Rule 10452Untimely PetitionExtraordinary RemedySubstantial PrejudiceIrreparable Harm
References
6
Case No. ADJ885319 (LAO 0800836) ADJ854299 (LAO 0811623) ADJ1334694 (LAO 0811624)
Regular
Jan 06, 2010

EFRAIN CHAVEZ vs. AUTOMATIC SPECIALTY COMPANY, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board order dismisses Efrain Chavez's petition for reconsideration because it was not filed from a "final" order that determined substantive rights or liabilities. The Board further denies removal, adopting the Workers' Compensation Judge's report and finding no showing of substantial prejudice or irreparable harm. Interlocutory procedural decisions are not appealable via reconsideration. Therefore, the petitions are dismissed and removal is denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalRemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityProcedural DecisionEvidentiary Decision
References
11
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