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

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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. ADJ8410459
Regular
Oct 22, 2019

DIETRA WALKER vs. YMCA METROPOLITAN LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration, overturning the trial judge's decision to strike a Qualified Medical Evaluator's (QME) report. The WCAB found no disqualifying conflict of interest for Dr. Gabriel, despite co-authored articles and past professional association with another dentist, Dr. Schames. Furthermore, the Board deemed the defendant's motion to strike Dr. Gabriel untimely due to a nearly three-year delay after his deposition. The case is affirmed with an amendment finding Dr. Gabriel free of conflict, and the defendant's motion is denied.

QMEconflict of interestdisqualifying conflict of interestlachesestoppelpetition for reconsiderationremovalmotion to strikeAOE/COEdeposition
References
Case No. ADJ7802984
Regular
May 21, 2012

DEBRA HARDEN vs. GOLDEN ONE CREDIT UNION, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's untimely petition for removal but granted removal on its own motion due to significant prejudice. The WCAB rescinded a prior finding that granted the defendant's request for a replacement QME due to a claimed conflict of interest. The matter was returned to the trial level for further proceedings to ensure the applicant received due process and a hearing on the conflict of interest allegations. This action was taken to achieve substantial justice given procedural irregularities and potential irreparable harm to the applicant.

Workers' Compensation Appeals BoardPetition for RemovalQualified Medical EvaluatorQME panelconflict of interestdue processadministrative law judgeWCJPetition to Removeuntimely
References
Case No. ADJ3616652 (SAC 0296975)
Regular
Feb 07, 2013

SAMUEL WILLIAMS vs. STARVING STUDENTS, LEGION INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns the applicant's claim for interest on a workers' compensation settlement paid late by Legion Insurance, now administered by CIGA. The applicant was awarded 10% interest on delayed payments, but CIGA sought reconsideration, arguing the interest issue was not properly raised, interest accrued before CIGA's involvement is not covered, and stipulations waived interest. The Appeals Board granted reconsideration, amending the award to apply interest only on payments made on or after March 4, 2003, when CIGA assumed liability, allowing credit for overpayments made to the applicant.

Workers Compensation Appeals BoardLegion InsuranceCIGACompromise and Release AgreementInterest on AwardLiquidationGuarantorStipulationOrder Approving Compromise and ReleaseStatutory Interest
References
Case No. ADJ1367543 (POM 0286181)
Regular
May 11, 2012

XJU BIN CAO vs. WO HIN INTERNATIONAL, INC., BERKSHIRE HATHAWAY

The Appeals Board rescinded the WCJ's decision, finding that the November 3, 2010 Stipulation and Order was an enforceable contract despite the parties' differing interpretations of unstated interest and penalty clauses. The Board ruled the lien claimant is entitled to interest under Labor Code section 5800 on the $17,000 payment from the agreement date to payment. However, no penalty was awarded as the defendant's delay in payment was not deemed unreasonable.

Workers' Compensation Appeals BoardReconsiderationStipulation and OrderMeeting of the MindsLabor Code Section 5800Lien ClaimantInterestPenaltiesLabor Code Section 5814Unreasonable Delay
References
Case No. ADJ1070549 (SAC 0354129)
Regular
Sep 01, 2010

LISA ROGERS vs. NOBEL LEARNING COMMUNITIES/ MERRYHILL; CHUBB GROUP for FEDERAL INSURANCE

Applicant Lisa Rogers filed a letter requesting the disqualification of the workers' compensation administrative law judge, alleging unprofessional conduct and a conflict of interest. The Workers' Compensation Appeals Board (WCAB) construed this letter as a petition for disqualification. However, the WCAB dismissed the petition because it was unverified, not properly served on all parties, and failed to comply with procedural requirements. Therefore, the WCAB ordered the petition for disqualification dismissed.

Petition for DisqualificationWCAB Rule 10844WCAB Rule 10850Labor Code Section 5311WCAB Rule 10452Unrepresented ApplicantRude and UnprofessionalConflict of InterestPresiding Judge Joel HarterAdministrative Law Judge
References
Case No. SDO 0316261
Regular
Jul 30, 2007

Marva Smith vs. SAN DIEGO STATE UNIVERSITY

The Workers' Compensation Appeals Board denied Marva Smith's petition to disqualify the administrative law judge (WCJ). Smith argued the WCJ had a conflict of interest due to prior employment with SCIF, which she claimed was a former claims processor for her employer, and that the WCJ might be a material witness. The Board found no evidence connecting the WCJ's prior employment to the current case or establishing her as a material witness, thus denying the disqualification petition.

Petition for DisqualificationWCJState Compensation Insurance Fund (SCIF)Conflict of InterestPrior EmploymentMaterial WitnessDisputed Evidentiary FactsAdministrative Law JudgeWorkers' Compensation Appeals Board (WCAB)San Diego State University
References
Case No. ADJ4039631 (VNO 0418594) ADJ8268349
Regular
May 21, 2013

ROSEMARY DOMINGUEZ vs. COUNTY OF LOS ANGELES

This case involves Rosemary Dominguez's petition for reconsideration of a Workers' Compensation Appeals Board order. Dominguez, represented by counsel but filing her own petition, alleged her attorney committed fraud, had a conflict of interest, and that she didn't understand the documents she signed. The Workers' Compensation Administrative Law Judge's report, adopted by the Board, found no good cause for reconsideration. The petition was denied because the applicant's claims of misunderstanding and fraud could have been raised at the hearing, and no new evidence was presented.

Workers Compensation Appeals BoardPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeStipulation and AwardCompromise and ReleaseBreach of ContractConflict of InterestFraudDuressGood Cause
References
Case No. ADJ9016568
Regular
Feb 23, 2016

JAVIER SOTO CONTRERAS, AMANDA ARANA vs. A.C. CUSTOM CATERING, INC., STATE COMPENSATION INSURANCE FUND, JAVIER SOTO CONTRERAS, ALLMERICA FINANCIAL BENEFIT INSURANCE, THE HANOVER INSURANCE GROUP

This case concerns a petition by SCIF (on behalf of A.C. Custom Catering) seeking removal and disqualification of both the applicant's attorney and the Workers' Compensation Judge (WCJ). The petition argued the applicant's attorney had a conflict of interest representing two claimants and that the WCJ was biased. The Appeals Board dismissed the petition regarding the attorney's disqualification as untimely. Regarding the WCJ, the Board denied disqualification because the petition lacked specific factual allegations of bias and was also untimely.

Petition for RemovalPetition for DisqualificationWCJSCIFA.C. Custom Cateringjoint representationconflict of interestwaiveruntimelyjudicial bias
References
Case No. ADJ4090183 (AHM 0145662) ADJ3895909 (ANA 0396258)
Regular
Sep 21, 2015

Deena Newland vs. CHOC Children's Hospital, TRI-STAR RISK MANAGEMENT

This case concerns a petition for removal filed by Jacquelyn Sherlin, the attorney for the defendant, who sought removal of an order denying her request for reassignment and change of venue. Sherlin alleged a conflict of interest and inadequacy of sanctions against a lien claimant stemming from an incident at a lien conference. The Appeals Board denied removal, finding Sherlin lacked standing as she is not a party to the case but rather a witness and alleged victim. The Board also affirmed the venue and the WCJ's denial of Sherlin's requests.

Workers' Compensation Appeals BoardPetition for RemovalAdministrative Law JudgeMonetary SanctionsLien ClaimantConflict of InterestSubstantial PrejudiceIrreparable HarmStandingAutomatic Reassignment
References
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