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

Case No. ADJ7673518, ADJ7647749
Regular
Jan 23, 2015

ANA DE AYALA vs. AO-THE UNIVERSITY CORPORATION / CALIFORNIA STATE UNIVERSITY NORTHRIDGE

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior ruling, finding the applicant sustained industrial injury to her neck. While the applicant testified to injuring her neck in a workplace incident and this was partially corroborated, the Board found insufficient evidence for other claimed injuries. The Board specifically disagreed with the administrative law judge's credibility assessment concerning the neck injury itself, relying on medical reports and testimony supporting the neck injury claim. The Board affirmed the denial of claims for all other alleged injuries, finding insufficient medical evidence to link them to the incident.

Petition for ReconsiderationFindings and OrderIndustrial InjuryNeck InjuryBack InjurySpine InjuryUpper ExtremitiesPsycheGastroesophageal SystemInternal System
References
Case No. ADJ7848295
Regular
Apr 10, 2012

RAMONA BURTON vs. LONG BEACH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted removal and dismissed reconsideration of a WCJ's order. The WCJ had improperly taken the case off calendar and allowed discovery to reopen for a new psychiatric injury claim, despite the applicant filing a Declaration of Readiness to Proceed indicating trial readiness. This prejudiced the defendant by allowing the applicant to develop evidence for an unclaimed injury after discovery closure. The Board ordered discovery closed as of the original Mandatory Settlement Conference date and returned the case to trial level for a new MSC to prepare for trial.

Petition for RemovalPetition for ReconsiderationMandatory Settlement ConferenceDeclaration of Readiness to ProceedInjury to PsychePanel Qualified Medical EvaluatorPermanent and Stationary StatusReopened DiscoveryClosure of DiscoveryInterlocutory Orders
References
Case No. ADJ11292762 ADJ11292764 ADJ12720128
Regular
Feb 07, 2020

LETICIA GARCIA vs. CKE RESTAURANTS HOLDINGS, INC./TRAVELERS, ARM MANAGEMENT, INC./STATE FARM

Defendants petitioned for removal, arguing the WCJ improperly took the case off calendar after the applicant filed a new application for the same injury, which they claim was a tactic to reopen discovery past the mandatory settlement conference closure. The Appeals Board granted removal, rescinded the WCJ's order, and returned the matter to the trial level. The Board will determine if the new application is duplicative and, if so, it should be dismissed, with potential sanctions considered. This ensures discovery closure rules are not circumvented.

Petition for RemovalOff Calendar OrderDuplicative ApplicationReopening DiscoveryDiscovery ClosureMandatory Settlement ConferenceLabor Code Section 5502WCAB JurisdictionInoperative Statute of LimitationsSanction
References
Case No. ADJ845033 (VNO 0407336) ADJ1911914 (VNO 0412063) ADJ1461680 (VNO 0338656) ADJ2866384 (VNO 0338654) ADJ451885 (MON 0224886) ADJ1364506 (VNO 0407335) ADJ2640142 (VNO 0407334) ADJ1480083 (MON 0264343)
Regular
Apr 04, 2012

DONALD RENETZKY vs. STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, STATE COMPENSATION INSURANCE FUND

This case involves a defendant's petition for removal concerning potential discovery closure under Labor Code section 5502(e)(3). The defendant argues prejudice due to unresolved discovery issues related to applicant's home health care services claim, particularly regarding an increase in prescribed hours. The Appeals Board granted removal, deeming the prior conference a status/discovery conference. This allows for completion of discovery to facilitate a just resolution and prevent prejudice to the defendant.

Petition for RemovalDiscovery ClosureLabor Code Section 5502(e)(3)Pretrial Conference StatementMandatory Settlement ConferenceHome Health Care ServicesAgreed Medical ExaminerTreating PhysicianHome Health Care EvaluatorDeposition
References
Case No. ADJ2519091 (LAO 0824930) ADJ4160066 (LAO 0824931) ADJ188382 (LAO 0828971)
Regular
Aug 18, 1941

MARIA MARXUACH vs. WESTIN BONAVENTURE HOTEL, ZURICH NORTH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied reconsideration in this case, upholding the judge's decision. Discovery closed by operation of law on September 12, 2007, and the applicant's attorneys failed to demonstrate due diligence in listing crucial medical reports as exhibits prior to this closure. Despite numerous continuances and attempts to amend the exhibit list, discovery was never formally reopened. The Board adopted the judge's reasoning that the applicant did not establish why the exhibits could not have been presented with reasonable diligence before discovery closed.

Mandatory Settlement ConferencePre-trial conference statementdiscovery closureadministrative law judgePetition for Reconsiderationreopen discoverydue diligenceexhibition listWCJ reportWorkers' Compensation Appeals Board
References
Case No. ADJ7550460
Regular
Oct 12, 2015

MILAGROS ARBILDO vs. COUNTRY VILLA NOVATO HEALTH SERVICES, ZURICH INSURANCE COMPANY

This case involves a Petition for Removal filed by the defendant regarding the closure of discovery. The Workers' Compensation Appeals Board (WCAB) denied removal, adopting the Workers' Compensation Judge's (WCJ) report. The WCJ found the defendant lacked diligence in scheduling the deposition of Dr. Mays, a key medical evaluator, delaying it for four months after receiving his report. The WCAB concluded that reconsideration would be an adequate remedy for the defendant if aggrieved by a final decision.

Petition for RemovalWorkers' Compensation Appeals BoardWCJRemovalSubstantial PrejudiceIrreparable HarmReconsiderationFinal DecisionAggrievedStipulations
References
Case No. ADJ9286921; ADJ9286927
Regular
Jul 31, 2014

MARIA MADRID vs. SF APPAREL, INC., CYPRESS INSURANCE COMPANY c/o BROOKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted removal, rescinding the trial date and vacating the discovery closure. This was due to procedural issues: no pretrial conference statement was filed, and a petition to join a potentially responsible insurance carrier (ICW) was filed late. The Board also found insufficient medical evidence to support awards, vacating the discovery closure to allow for further development. Commissioner Sweeney concurred with vacating the trial date but dissented on allowing further discovery, arguing the defendant lacked diligence.

Petition for RemovalWCJ Order RescindedTrial Date VacatedMandatory Settlement ConferenceDiscovery ClosureDue ProcessDeclaration of Readiness to ProceedPretrial Conference StatementInsurance Company of the WestPetition for Joinder
References
Case No. ADJ9940342
Regular
Mar 07, 2023

LAZARO DE LA TORRE VALDES vs. A&B LOGISTICS, INC., ARMAN AKOPIAN, BEKZOD KHODJAKHONOV

The California Workers' Compensation Appeals Board affirmed a prior award finding the applicant 100% permanently and totally disabled, determining the applicant's earnings stipulation was valid and the defendants' due process rights were not violated by discovery closure. The Board found the Agreed Medical Examiner's report constituted substantial evidence, rejecting claims that the examiner's retirement prevented a fair hearing. Finally, the Board amended the award to clarify the liability of the corporate defendant and its substantial shareholders, affirming the original decision in all other respects.

Agreed Medical ExaminerDue ProcessSubstantial Shareholder LiabilityStipulationReconsiderationPermanent Total DisabilityClosure of DiscoveryService of ProcessCorporations Code Section 2011(b)Labor Code Section 3717.1
References
Case No. ADJ7959067
Regular
Jul 17, 2012

MOJGAN RAZAVY vs. SPHERION CORPORATION, NATIONAL UNION FIRE INSURANCE

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the order allowing further discovery. The Board found that discovery should have closed at the mandatory settlement conference on March 7, 2012, as per statute. The judge erred in allowing further discovery without a threshold determination of deficient medical opinions, especially since the case had not yet proceeded to trial or submission. The matter was returned to the trial level for further proceedings, with discovery closed as of the original settlement conference date.

Petition for RemovalOrder Re: DiscoveryMandatory Settlement ConferencePanel Qualified Medical EvaluatorFurther Medical TreatmentPermanent DisabilityDiscovery ClosureThreshold MatterMedical Opinion DeficiencyLabor Code Section 5502(e)(3)
References
Case No. ADJ1649220
Regular
Aug 19, 2009

ERIC LUND vs. CALIFORNIA DEPARTMENT OF FORESTRY (STATE COMPENSATION INSURANCE FUND) LAKEPORT FIRE PROTECTION DISTRICT (FASIS), CLEARLAKE OAKS FIRE PROTECTION DISTRICT (FASIS)

This case involves a firefighter claiming industrial injury to his jaw and tonsil cancer, with the initial finding supporting the presumption of injury. The defendant sought reconsideration, arguing that the WCJ improperly relied on medical opinions obtained after discovery closure and in violation of physician selection procedures. The Appeals Board granted reconsideration, rescinded the initial findings, and returned the matter for further proceedings due to procedural errors in admitting key medical evidence. The Board emphasized that evidence obtained after discovery closure and potentially exceeding applicant's rights under Labor Code section 4062.1(e) should not have been admitted.

Labor Code section 3212.1squamous cell carcinomatonsil cancerlymph node cancerfirefighter injurycumulative injurypresumption of injuryrebutted presumptionLabor Code section 4062.1panel QME
References
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