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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. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. LAO 862841
Regular
Feb 28, 2008

BAHATI H. SALAS vs. LIVHOME, INC.

The Workers' Compensation Appeals Board granted removal and quashed the applicant's notice for a second deposition of Dr. Peterson. The Board found no good cause for a second deposition, as the applicant's representative was present at the first and failed to question Dr. Peterson on relevant matters despite having all necessary documentation. Allowing repeated depositions without changed circumstances would be neither expeditious nor inexpensive, contradicting the Board's mandate.

RemovalMotion to QuashDepositionAgreed Medical Evaluator (AME)Due ProcessGood CauseCredibilitySubsequent DepositionLabor Code 4062.3Substantial Justice
References
Case No. ADJ4353489 (VNO 0469742)
Regular
Aug 18, 2011

, JEFFREY JONES, vs. , INTERLINK MORTGAGE SERVICES; STATE COMPENSATION INSURANCE FUND,

This case concerns a claimant's eight-year delay in pursuing his workers' compensation claim, during which time he filed an application but took no further action. The claimant then sought to depose a retired QME who is elderly and ill. The Appeals Board granted the defendant's Petition for Removal, finding no good cause for the deposition due to the claimant's unexplained delay and lack of stated necessity. Consequently, the Board rescinded the orders compelling the deposition and denied the claimant's petition.

Petition for RemovalQualified Medical Evaluator (QME)DepositionOrder Compelling DepositionStrike ReportIndustrial InjuryApplication for Adjudication of ClaimPetition for DismissalPetition to Compel DepositionBurden of Proof
References
Case No. ADJ8424952
Regular
Sep 10, 2014

ALFONSO CRUZ vs. SIERRA CIRCUITS, INC.; THE HARTFORD

This case involves an applicant's petition for removal regarding deposition questions about medical history and insurance coverage. The Workers' Compensation Appeals Board (WCAB) granted the petition in part, allowing questions about medical insurance and personal doctors, as these are discoverable under CCP § 2017.010. However, the WCAB found questions about past medical treatment paid by others and prior hospitalizations to be overbroad, as they could infringe on the physician-patient privilege regarding unrelated conditions. The Board ordered the applicant to answer specific questions but requires defendants to reframe broader questions concerning medical history to avoid privileged information.

Petition for RemovalFifth AmendmentFirst Amendmentphysician-patient privilegeconfidential communicationindustrial injurymedical historydeposition questionsCode of Civil Procedure section 2017.010Evidence Code sections 990
References
Case No. LAO 0863476
Regular
Jul 31, 2007

MARIA ANA PAREDES (Deceased) CARLOS ALFREDO ALVAREZ vs. ANDROMEDA ENTERTAINMENT INC., dba CLUB GALAXY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted defendant's petition for removal, rescinded the judge's denial of a motion to compel, and ordered the applicant to answer deposition questions. The Board found that the applicant's attorney improperly instructed the applicant not to answer questions regarding financial support in El Salvador and employment history, as such questions were reasonably calculated to lead to the discovery of admissible evidence under liberal discovery rules. The Board dismissed the petition for reconsideration as it reviewed a non-final interlocutory order.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationMotion to CompelDeposition QuestionsIndustrial InjuryCerebellar HemorrhageWidowerGuardian ad LitemDiscovery Rules
References
Case No. ADJ3213121 (LBO 0361407)
Regular
Aug 30, 2010

GLENDA M. BRUCE vs. COMPTON COMMUNITY COLLEGE, KEENAN & ASSOCIATES

The Appeals Board granted defendant's petition for removal, reversing a prior order that quashed the applicant's deposition. The applicant amended her claim to include hair loss and a fall after her last deposition. The Board found good cause for an additional deposition, as the defendant did not have notice of these new claims prior to the previous depositions. Therefore, the applicant is required to submit to a fifth deposition specifically addressing the hair loss and fall allegations.

Petition for RemovalQuashed DepositionCompensable ConsequencesAmended ApplicationIndustrial InjuryHair LossFallPrior NoticeFifth DepositionRescinded Order
References
Case No. ADJ3058631 (FRE 0225238) ADJ4053535 (FRE 0206567)
Regular
May 01, 2018

JOE GUTIERREZ vs. CLOVIS SANGER CABINET MANUFACTURING AND AMERICAN CLAIMS MANAGEMENT, INC., EVEREST NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a Petition for Removal filed by defendants Clovis Sanger Cabinet Manufacturing and American Claims Management. The Board found that defendants failed to demonstrate substantial prejudice or irreparable harm from an interim order vacating a prior deposition order. Furthermore, the Board determined that reconsideration would be an adequate remedy. The matter is scheduled for a Mandatory Settlement Conference where the deposition issue can be revisited.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationMandatory Settlement ConferenceDepositionVacated OrderDiscoveryEx Parte
References
Case No. ADJ7046175
Regular
Jun 07, 2013

, DAVID WILKIE, vs. , CHATEAU HOTEL, and FIRSTCOMP OMAHA for SOUTHERN INSURANCE COMPANY,

This case involves an applicant's petition for removal to the Appeals Board, challenging a WCJ's denial of his petition to quash depositions. The applicant argued improper notice and service of deposition subpoenas, but the WCJ admitted the depositions solely for the purpose of determining timely notice, not for substantive evidence. The Appeals Board denied the removal petition because the applicant had not yet suffered prejudice or irreparable harm, as the depositions had not been used for substantive purposes and he could raise objections later if aggrieved.

Petition for RemovalQuash DepositionsCode of Civil ProcedureCCP section 2025.270Proper NoticeProof of ServiceIndustrial InjuryLeft Upper ExtremityFindings and OrderWCAB Rule 10843
References
Case No. ADJ11240744
Regular
Jan 16, 2019

CODY BACA vs. JOHN MUIR HEALTH

The Workers' Compensation Appeals Board denied the applicant's petition for removal of an order allowing a second deposition. The applicant argued prejudice due to potential questions about an unrelated criminal matter and a hold on medical discovery. The Board found no evidence of irreparable harm or substantial prejudice, as the applicant could object to inappropriate questions during the deposition. The Board also noted that an evidentiary hearing on the deposition issue had already occurred and that medical discovery was only postponed, not indefinitely halted.

Petition for RemovalSecond DepositionUnrelated Criminal MatterFifth AmendmentPrejudiceIrreparable HarmEvidentiary HearingMedical DiscoveryPQME EvaluationDeclaration of Readiness
References
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