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

Case No. ADJ1988796 (OXN 0126081) ADJ4225705 (OXN 0126083)
Regular
May 09, 2012

JULIE ANN CABEZA vs. MARY HEALTH OF THE SICK, REDLAND INSURANCE

Attorney Hannan petitioned to disqualify WCJ Glass based on allegations of a conspiracy with other WCJs to penalize her and her clients. The Appeals Board denied the petition, finding insufficient specific facts and evidence to support the claims of bias. Hannan failed to provide required witness declarations and her allegations largely repeated prior contentions. The Board concluded the petition was untimely and lacked the necessary evidentiary support for disqualification.

Petition for disqualificationWCJ biasconspiracy allegationslien claimantattorney misconducttimely filingevidencejudicial impartialityADA accommodationwitness declarations
References
Case No. ADJ4055531 (OXN 0137643) ADJ1549173 (OXN 0131530) ADJ2511069 (OXN 0139174)
Regular
May 09, 2012

DAWN MESSI vs. STEPHEN MITNICK, STATE FARM FIRE & CASUALTY, CUNNINGHAM & LANDSEN, STATE COMPENSATION INSURANCE FUND, VAN SICKLE & ROWLEY, EMPLOYERS COMPENSATION INSURANCE COMPANY

Attorney M. Francesca Hannan petitioned for the disqualification of WCJ Morgan, alleging a conspiracy among Oxnard District Office WCJs to dismiss her clients' liens and sanction her due to her medical issues. The Appeals Board denied the petition, finding it untimely and unsupported by sufficient factual evidence. Hannan failed to provide timely declarations from alleged witnesses to substantiate her claims of bias and conspiracy. Therefore, the case is returned to the trial level without the disqualification of WCJ Morgan.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeBiasSanctionsLiensCompromise and ReleaseReconsiderationADA accommodationTimeliness
References
Case No. SAC 0225494
Regular
Nov 09, 2007

Garry Seabrooks vs. BFI Medical Waste Systems, Risk Services

The Workers' Compensation Appeals Board denied Garry Seabrooks' petition for reconsideration and disqualification of the administrative law judge. Seabrooks alleged the judge engaged in improper conduct, including accepting bribes, but the Board found these claims unsupported and not credible. The Board adopted the judge's report and warned Seabrooks against further unsubstantiated allegations.

Workers' Compensation Appeals BoardPetition for ReconsiderationDisqualificationAdministrative Law JudgeBribery AllegationsImproper ConductUnsupported AllegationsSanctionsPropria PersonaDefendant's Answer
References
Case No. ADJ3687516 (OXN 0126293)
Regular
Dec 22, 2011

RAMONA ANAYA, JUAN JOSE GONZALEZ, JESUS CERVANTES, JULIE ANN CABEZA, JULY SUESUE vs. PORT HUENEME UNIFIED SCHOOL DISTRICT, J. M. SMUCKERS, SPECIALTY RISK SERVICES, AMERICA TECHNOLOGIES, INC., AIG DOMESTIC CLAIMS, INC., GHL ENTERPRISES, CIGA, INTERCARE INSURANCE SERVICES, INC., PAULA INSURANCE COMPANY, MARY HEALTH OF THE SICK, REDISE INSURANCE, CRAWFY AND COMPANY, CITY OF LONG BEACH

Attorney M. Francesca Hannan sought reconsideration and disqualification of judges, alleging a conspiracy to dismiss her clients' liens and impose sanctions. The Board consolidated seven cases, designating *Anaya* as the master file, and ordered Hannan to provide a detailed factual response supporting her claims. Hannan requested a 120-day extension to file due to issues with mail delivery and requested a waiver for a lien trial transcript cost. The Board granted a 60-day extension for the response, but denied the waiver for the transcript cost, citing lack of justification and untimeliness of the bias allegation regarding the transcript.

Workers' Compensation Appeals BoardDisqualification petitionAdministrative Law JudgeBias allegationsExtension of timeVerified responseLien trial transcriptSanctionsAttorney's feesConsolidation of cases
References
Case No. ADJ10612569
Regular
Mar 12, 2018

Patrick Wilder vs. The Ryan Company, Old Republic Insurance Company

This case concerns a defendant's petition for reconsideration of an award of temporary total disability (TTD) benefits to the applicant, Patrick Wilder. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the finding that Wilder sustained an injury to his left ankle and was temporarily totally disabled. The defendant failed to prove that Wilder was terminated for cause, which would have potentially ended his TTD benefits, and the WCAB found no credible evidence to support their allegations of misconduct or availability of modified duty. The WCAB also admonished the defendant and their counsel for making unsubstantiated factual claims in their petition, warning of potential sanctions.

Workers Compensation Appeals BoardPatrick WilderThe Ryan CompanyOld Republic Insurance CompanyGallagher Bassett ServicesInc.ADJ10612569Bakersfield District OfficePetition for ReconsiderationFindings Orders and Award
References
Case No. ADJ2036536 (LAO 0869899) ADJ3609983 (LAO 0869895) ADJ6580743
Regular
May 09, 2012

JULY SUESUE vs. CITY OF LONG BEACH

Attorney Hannan petitioned to disqualify WCJ Glass, alleging he and other judges conspired to dismiss her clients' liens and impose sanctions due to her medical issues. This petition was one of several similar claims made by Hannan. The Board denied the petition, finding Hannan failed to provide specific factual evidence supporting her allegations of bias. The case is returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeWCJBiasConspiracySanctionsLiensContinuanceDisability Accommodation
References
Case No. ADJ485759 (VNO 0432097), ADJ1649980 (VNO 0418744), ADJ4677394 (VNO 0489134), ADJ2693882 (VNO 0489135)
Regular
May 09, 2012

WALTER CRABTREE vs. M.R. AUTOMOTIVE, CIGA, Administered by INTERCARE INSURANCE SERVICES, INC., for HIH AMERICA COMPENSATION in Liquidation

This case involves a petition for disqualification of a Workers' Compensation Judge (WCJ) filed by attorney M. Francesca Hannan. Hannan alleged that WCJ Edelberg, along with two other WCJs, conspired to penalize her for delays caused by her medical condition. The Appeals Board denied the petition, finding Hannan's allegations lacked specific facts and were untimely filed. Hannan failed to provide sufficient evidence, including required witness declarations, to support her claims of bias.

WCABPetition for disqualificationWCJLien claimantM.R. AutomotiveCIGAHannanWestlake SpineImperial Lien SolutionsDisqualification of judge
References
Case No. ADJ10778928
Regular
Dec 10, 2018

DINA CASTILLO vs. AMERICAN APPAREL USA, LLC, Administered by CORVEL CORPORATION, NEW HAMPSHIRE INSURANCE COMPANY, Adjusted by ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board denied the applicant's Petition for Disqualification of the WCJ. The Board found the petition lacked specific factual allegations required by rule, failing to establish grounds for bias or prejudgment under relevant code sections. Consequently, the petition was denied, and the applicant's attorney received an admonishment for filing a non-compliant petition and making unsubstantiated allegations.

Petition for DisqualificationWorkers' Compensation Appeals BoardWCJ DisqualificationCode of Civil Procedure section 641Labor Code section 5311Appeals Board Rule 10452Affidavit or DeclarationPenalty of PerjuryGrounds for DisqualificationBias and Prejudice
References
Case No. ADJ10719993
Regular
Feb 25, 2019

GEORGE AGHAEGBUNA vs. KINDRED BAY HOSPITAL, ARCH INSURANCE, SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration. The applicant alleged forgery by the defendant in the settlement documents approved by the WCJ. Because these allegations were unsubstantiated by evidence, the Board treated the petition as a request to set aside the order and returned the case to the trial level for a hearing. The WCJ will now consider the forgery claims and issue a new decision.

ForgeryPetition for ReconsiderationOrder Approving Compromise and ReleaseWCJPetition to Set AsideGood CauseStipulationLabor Code Section 5803Penal Code Section 470FRCP Rule 11
References
Case No. ADJ2948353 (SAL 0116403) ADJ803362 (SAL 0116404) ADJ2320380 (SAL 0116407)
Regular
May 04, 2009

BRIAN CARRASCO vs. CLARK PEST CONTROL, GALLAGHER BASSETT

The applicant filed a petition alleging bias by the WCJ based on 21 instances of alleged misconduct. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for removal, finding it untimely and unverified, as the applicant did not claim to be aggrieved by the last order and the petition was filed beyond the 20-day limit. Furthermore, the Board denied the disqualification petition because it was not supported by a verified affidavit and the judge in question was not currently assigned to the cases for trial. These procedural deficiencies led to the dismissal of the removal petition and denial of the disqualification petition.

Petition for RemovalPetition for DisqualificationAdministrative Law JudgeWCJ Steven D. TuanBias AllegationsUntimely PetitionUnverified PetitionWCAB Rule 10843WCAB Rule 10452Labor Code Section 5310
References
Showing 1-10 of 1,153 results

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