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

Case No. ADJ10175880
Regular
Jan 09, 2017

CHRISTINE FLORES vs. EPIC MANAGEMENT, THE HARTFORD

The Workers' Compensation Appeals Board granted applicant's petition for removal to review an order that denied her petition for automatic reassignment of a judge. The original denial was based on the applicant's failure to make an oral objection to the assigned judge as required by rule. However, the Board found insufficient record evidence, including the absence of a hearing and required documentation, to determine if the denial was supported by substantial evidence. Therefore, the Board rescinded the denial order and remanded the matter for further proceedings.

Petition for RemovalAutomatic ReassignmentWCJWCAB Rule 10453Order Denying PetitionMinutes of HearingSummary of EvidenceLabor Code Section 5803Labor Code Section 5313Substantial Evidence
References
7
Case No. ADJ19199519; ADJ19199522
Regular
Feb 18, 2025

LAURA RODRIGUEZ vs. 99 CENTS ONLY STORES, SELF-INSURER'S SECURITY FUND

The Self-Insurers' Security Fund (SISF) petitioned for reconsideration or removal of a Workers' Compensation Judge's (WCJ) order denying its joinder in a case involving injured applicant Laura Rodriguez and the bankrupt 99 Cents Only Stores. The WCJ had ruled that SISF, having assumed the insolvent employer's liabilities, only needed to file a notice of change in administrator, not a joinder petition. The Appeals Board dismissed the petition for reconsideration as the order was not final, but granted the petition for removal. As its Decision After Removal, the Appeals Board rescinded the WCJ's December 2, 2024 order, finding due process violations due to the summary denial without a hearing, and returned the matter to the trial level for further proceedings.

Self-Insurers' Security Fundjoinderremovalreconsiderationinsolvent self-insurerliquidationadministrative law judgeorderdue processsubstantial evidence
References
16
Case No. ADJ8890109 ADJ8890125
Regular
Jan 09, 2017

ELIZABETH BURGOS vs. IMAGEFIRST HEALTHCARE LAUNDRY SPECIALIST; TRAVELERS

The applicant sought removal from a Workers' Compensation Appeals Board decision finding no denial of care. The applicant argued a 43-day delay in authorizing a change to a new treating physician within the defendant's MPN constituted denial of care. The Board denied removal, finding the applicant did not prove denial of care, as there was no evidence of inability to obtain treatment or refusal by the defendant. Furthermore, the applicant's requested change of physician occurred after the initial 30-day window, thus not falling under Labor Code section 4601(a).

Workers' Compensation Appeals BoardPetition for RemovalJoint Findings and AwardStipulations with Request for AwardPrimary Treating Physician (PTP)Medical Provider Network (MPN)Denial of CareLabor Code section 4601(a)Labor Code section 4600Cal. Code Regs.
References
10
Case No. ADJ8336949
Regular
Aug 26, 2013

BRANDON MULLINS vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board granted applicant's Petition for Removal because the judge's order closing discovery and denying the deposition of a Qualified Medical Examiner (PQME) would cause irreparable harm. The Board found the denial unjustified and that reconsideration would be an inadequate remedy. Removal was granted to allow applicant to depose the PQME, and the judge's order was rescinded.

Petition for RemovalLabor Code section 5310Panel Qualified Medical EvaluatorPQME depositionClosing DiscoveryIrreparable HarmWorkers' Compensation Appeals BoardWCJRemoval OrderRescinded Order
References
0
Case No. ADJ5806281
Regular
Jul 03, 2012

DEBBIE SCHLATER vs. NORTH COAST DRIVERS, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant's petition to reopen for new and further disability after an initial award became final. The Workers' Compensation Appeals Board (WCAB) granted removal to review an administrative law judge's denial of a voluntary arbitration request. The WCAB clarified that while arbitration is generally prohibited after testimony is taken, it is permissible for issues not decided in a final award. Therefore, the WCAB rescinded the denial, allowing the parties to arbitrate the new and further disability claim.

Petition for RemovalVoluntary ArbitrationWCAB Rule 10997Labor Code section 5275(b)Court Administrator Rule 10296(a)Findings and AwardNew and Further DisabilityReopen CaseDisability Evaluator TestimonyFinal Award
References
4
Case No. ADJ1749318 (OAK 0338628)
Regular
Nov 03, 2015

EDGAR PUENTE vs. MACY'S WEST

This case involves Macy's West seeking removal of an order denying their petition for a $500 credit related to a missed QME appointment. The Workers' Compensation Appeals Board granted removal, finding that summary denial of the credit petition would cause prejudice. The Board amended the original order to defer the issue of the credit petition until the applicant's underlying claims are settled or tried. This allows Macy's to present evidence and arguments for the credit at a later, more appropriate stage.

Workers' Compensation Appeals BoardPetition for RemovalOrder Denying Petition for CreditQME appointmentLabor Code section 5811Petition for Creditmedical-legal costmissed appointment feecompensable consequencehypertension
References
3
Case No. ADJ9093456, ADJ9996405, ADJ9996406
Regular
Jan 19, 2023

OTTO STOWE vs. DALLAS COWBOYS, DENVER BRONCOS, LOS ANGELES RAMS, TRAVELERS, CIGA

This case involves an applicant seeking removal of a prior order, arguing prejudice from the denial of his Labor Code section 5500.5 election and refusal to allow evidence regarding a guardian ad litem. The Appeals Board granted removal, finding that the applicant's competency and need for a guardian ad litem must be determined before proceeding. Consequently, the prior order was rescinded, and the case was returned to the trial level for a hearing on the guardian ad litem issue.

Petition for RemovalGuardian ad LitemLabor Code section 5500.5Competency determinationRescinded OrderReturn to Trial LevelIncompetent injured workerWorkers' Compensation Appeals BoardAdministrative law judgePrejudice
References
1
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
2
Case No. ADJ7981277
Regular
Mar 16, 2018

CYNTHIA HERRERA vs. INTERNATIONAL INSTITUTE OF LOS ANGELES, CYPRESS INSURANCE COMPANY

The lien claimant, Beverly Hills Radiology, sought removal of a trial setting order, alleging denial of due process. The Board granted removal, finding the trial setting order improperly excluded the lien claimant from participating in crucial pre-trial proceedings. This exclusion, based on perceived deficiencies in Notices of Representation, violated the lien claimant's right to a fair hearing. Consequently, the trial setting order was rescinded, and the matter was returned to the judge for further proceedings.

WCABremovallien claimantdue processnotice of representationtrial setting orderlien conferenceWCJCompromise and ReleaseAssignment
References
15
Case No. ADJ4552593 (MON 0258406)
Regular
Mar 26, 2012

KIMBERLY DENOVA-JOY vs. SANTA PAULA ELEMENTARY SCHOOL DISTRICT, CIGA on behalf of FREMONT INSURANCE COMPANY in liquidation, as administered by CAMBRIDGE INTERGRATED SERVICES

This case concerns an applicant's due process claim regarding the denial of an expedited hearing for temporary disability benefits. The Workers' Compensation Appeals Board (WCAB) granted removal, finding the administrative law judge (WCJ) improperly removed the issue from the expedited hearing track. The WCAB held that the need for record development on permanent disability did not preclude an expedited hearing for temporary disability, which had been pending for over ten years. The Board rescinded the WCJ's order and returned the case for an expedited hearing.

Petition for RemovalExpedited HearingTemporary Disability IndemnityWCABWCJPWCJDue ProcessLabor Code Section 5502(b)Rule 10252(c)Permanent Disability
References
0
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