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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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ1472209 (OAK 0316991)
Regular
May 03, 2010

ALEJANDRO AMEZCUA vs. HENDRICKSEN, THE CARE OF TREES, LIBERTY MUTUAL INSURANCE CORPORATION

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal to reconsider the denial of their motion for further discovery. The Board found that the applicant's actions, including filing a Declaration of Readiness and agreeing to a settlement, led the defendant to discontinue discovery, believing a settlement was imminent. To prevent significant prejudice to the defendant and ensure a just resolution, the Board rescinded the discovery denial and returned the matter to the trial level for further proceedings. This allows the defendant to complete discovery if settlement is not reached.

Petition for RemovalMandatory Settlement ConferenceStatus ConferenceFurther DiscoveryOgilvieLeBoeufDeclaration of ReadinessSettlement AgreementCompromise and ReleaseUnverified Petition
References
Case No. ADJ3046670 (POM 234030) ADJ3251524 (POM 0179393
Regular
Sep 03, 2014

CAROL ALLISON vs. MERTZ DEL AMO MOBILE ESTATES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for SUPERIOR NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted removal petitions from both applicant Carol Allison and defendant CIGA, rescinding prior orders concerning an independent medical examination and trial setting. The case is returned to the Marina Del Rey District Office for a conference before the Presiding Workers' Compensation Administrative Law Judge. This conference aims to address the case's complex procedural and substantive issues, which may stem from address errors, service defects, multiple judges, or attorney animosity. CIGA's petition for sanctions against the applicant was denied without prejudice.

WORKERS' COMPENSATION APPEALS BOARDCIGAPETITIONS FOR REMOVALDECISION AFTER REMOVALindependent medical examinerPERMANENT DISABILITYSTATUTE OF LIMITATIONSPROCEDURAL ISSUESDEFECTIVE FILINGSERVICE OF PAPERS
References
Case No. ADJ8782991, ADJ8783990
Regular
Aug 08, 2013

CHANTELLE LOPEZ vs. LOS ANGELES COUNTY OFFICE OF EDUCATION, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal seeking to rescind an order continuing the case to trial. The Board found the petition to be procedurally deficient as it was unverified and lacked a showing of significant prejudice. While the defendant correctly argued the cases shouldn't have been set for a priority conference due to admitted injuries, the conference effectively served as a settlement conference, and the trial is not limited to just temporary disability. The Board affirmed that the trial may proceed on all issues identified in the Pre-Trial Conference Statement.

Workers Compensation Appeals BoardPetition for RemovalPriority ConferenceMandatory Settlement ConferencePre-Trial Conference StatementDeclaration of Readiness to ProceedWCJUnverified PetitionPrimary Treating PhysicianMedical-Legal Process
References
Case No. ADJ2615603 (SAC0369648), ADJ6850601
Regular
Apr 05, 2023

JAMES CHADWICK vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Workers' Compensation Appeals Board granted reconsideration to review a settlement agreement between applicant James Chadwick and the Subsequent Injuries Benefits Trust Fund. Following a settlement conference, the parties submitted a Compromise and Release. The Board found the settlement amount to be adequate and in the applicant's best interest, and also deemed the requested attorneys' fee reasonable. Therefore, the Board rescinded the prior Findings of Fact and Order and approved the Compromise and Release.

Workers' Compensation Appeals BoardSubsequent Injuries Benefits Trust FundCompromise and ReleaseOpinion and Decision After ReconsiderationLabor Code Section 5001Labor Code Section 5002WCAB Rule 10700(b)Findings of Fact and OrderWorkers' Compensation Administrative Law JudgeCommissioners' Settlement Conference
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
Case No. ADJ8656037
Regular
Mar 18, 2019

STERLING FORBES vs. HARLEM GLOBETROTTERS, TRAVELERS DALLAS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to study factual and legal issues in Sterling Forbes' case against Harlem Globetrotters and Travelers. However, the parties have since negotiated a settlement. Consequently, the WCAB has rescinded the WCJ's August 22, 2017 Findings and Award. The case is returned to the trial level for the WCJ to determine the reasonableness of the proposed settlement.

Workers' Compensation Appeals BoardReconsiderationSettlementFindings and AwardRescindedReturned to Trial LevelWCJReasonableness of SettlementNegotiated SettlementInjured Worker
References
Case No. ADJ7763837
Regular
Jun 27, 2012

ANTHONY DORSETT vs. DENVER BRONCOS, DALLAS COWBOYS

The Denver Broncos petitioned to remove a workers' compensation case, arguing a prior settlement (ADJ4142902) barred the current claim (ADJ7763837) under res judicata. However, the Board denied the petition because the defendant failed to produce evidence of the prior settlement during discovery, preventing them from proving their claim. Therefore, the administrative law judge correctly continued the case to a status conference. The Board affirmed the ALJ's decision, denying the defendant's petition for removal.

Petition for RemovalRes JudicataCompromise and ReleaseDuplicative ClaimAdministrative Law JudgeAppeals BoardPrior ClaimIndustrial InjuryProfessional Football PlayerMandatory Settlement Conference
References
Case No. ADJ4398425 (LAO 0875977) ADJ1647933 (LAO 0867627)
Regular
Jul 21, 2010

PHYLLIS MOSS vs. PriceWaterhouseCoopers, LLP, Chubb Services Corporation

This case involves a dispute over a mandatory settlement conference (MSC) where both parties claim the other was absent or improperly handled the proceedings. The Appeals Board granted removal due to conflicting records and confusing circumstances surrounding the MSC and a subsequent trial setting. The Board found the WCJ erred by setting the matter for trial after issuing an order taking it off calendar, despite conflicting accounts of attorney appearances. Consequently, the scheduled trial was converted to a status conference for further proceedings.

Petition for removalMandatory settlement conferenceOrder off calendarMinutes of HearingPre-Trial Conference StatementAgreed Medical Evaluator (AME)Status conferenceRemandedWCJWCAB
References
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