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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. ADJ7848295
Regular
Apr 10, 2012

RAMONA BURTON vs. LONG BEACH UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted removal and dismissed reconsideration of a WCJ's order. The WCJ had improperly taken the case off calendar and allowed discovery to reopen for a new psychiatric injury claim, despite the applicant filing a Declaration of Readiness to Proceed indicating trial readiness. This prejudiced the defendant by allowing the applicant to develop evidence for an unclaimed injury after discovery closure. The Board ordered discovery closed as of the original Mandatory Settlement Conference date and returned the case to trial level for a new MSC to prepare for trial.

Petition for RemovalPetition for ReconsiderationMandatory Settlement ConferenceDeclaration of Readiness to ProceedInjury to PsychePanel Qualified Medical EvaluatorPermanent and Stationary StatusReopened DiscoveryClosure of DiscoveryInterlocutory Orders
References
Case No. ADJ394468 (OAK 0325496)
Regular
Apr 26, 2018

Maria Padilla vs. IN-HOME SUPPORT SERVICES, YORK, RISK SERVICES GROUP

Applicant Maria Padilla petitioned for removal after a WCJ's discovery order allegedly closed discovery, denying her due process. The WCJ recommended granting removal, clarifying that discovery was intended to be stayed, not closed. The Appeals Board granted removal, rescinded the order closing discovery, and returned the case to the WCJ for further proceedings. This decision ensures further discovery can be properly considered based on the WCJ's clarified intent.

Petition for RemovalDiscovery OrderWCJDue ProcessStay DiscoveryReport and RecommendationRescind OrderDecision After RemovalWorkers' Compensation Appeals Board
References
Case No. ADJ2571049 (OAK 0320041) ADJ6705156
Regular
Nov 16, 2011

DURRELL MARSHALL vs. RICHMOND SANITARY SERVICES/REPUBLIC SERVICES INC., Administered By CCMSI

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding an order that had closed discovery at a mandatory settlement conference. The defendant argued the order was unclear and prejudiced its ability to investigate the applicant's social security disability and state disability benefits in light of recent case law. The Board found significant prejudice and irreparable harm if discovery was restricted, allowing the case to return to the trial level for further proceedings and a new decision on discovery. The trial judge will now have discretion to allow or further restrict discovery as necessary.

Petition for RemovalOrder Closing DiscoveryMandatory Settlement ConferenceOgilvie IssuesExpert Witness DiscoverySocial Security DisabilityState Disability IndemnityEmployment Development DepartmentLabor Code section 5310Significant Prejudice
References
Case No. ADJ8595258
Regular
Jul 21, 2015

DANNY KENZY vs. PENSKE TRUCK LEASING, OLD REPUBLIC INSURANCE

This case concerns a defendant's Petition for Removal of an order closing discovery. The defendant argued the order, which prohibited the use of subrosa evidence at depositions of the applicant's vocational expert and PQME, denied them due process and irreparably harmed their ability to rebut the applicant's claim of 100% permanent and total disability. The Appeals Board granted removal, finding the defendant acted with due diligence in obtaining and disclosing the subrosa evidence. The Board amended the order to permit the defendant to use the subrosa evidence during these depositions, deeming it crucial for rebuttal.

RemovalPetition for RemovalMandatory Settlement ConferenceOrder Closing DiscoveryDue ProcessSubstantial PrejudiceIrreparable HarmVocational ExpertPanel Qualified Medical EvaluatorPQME
References
Case No. MON 310553
Regular
Sep 05, 2007

, LAZARO MARTINEZ vs. , WEDGESTONE CORP.;, CRUM & FORSTER

The Appeals Board granted the applicant's petition for removal, rescinding the WCJ's order closing discovery. The applicant argued that discovery should not have been closed as their serious and willful misconduct claim was not addressed at the Mandatory Settlement Conference (MSC) and the case was subsequently taken off calendar. The Board agreed that the closure of discovery was improper, particularly since the case was taken off calendar, and the relevant statute does not mandate closure in such circumstances.

Petition for removalSerious and willful misconductLabor Code section 4553Mandatory settlement conferenceDiscovery closedTaken off calendarIndustrial injuryIncreased benefitsWCJ orderRescind order
References
Case No. ADJ7959067
Regular
Jul 17, 2012

MOJGAN RAZAVY vs. SPHERION CORPORATION, NATIONAL UNION FIRE INSURANCE

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, rescinding the order allowing further discovery. The Board found that discovery should have closed at the mandatory settlement conference on March 7, 2012, as per statute. The judge erred in allowing further discovery without a threshold determination of deficient medical opinions, especially since the case had not yet proceeded to trial or submission. The matter was returned to the trial level for further proceedings, with discovery closed as of the original settlement conference date.

Petition for RemovalOrder Re: DiscoveryMandatory Settlement ConferencePanel Qualified Medical EvaluatorFurther Medical TreatmentPermanent DisabilityDiscovery ClosureThreshold MatterMedical Opinion DeficiencyLabor Code Section 5502(e)(3)
References
Case No. ADJ2519091 (LAO 0824930) ADJ4160066 (LAO 0824931) ADJ188382 (LAO 0828971)
Regular
Aug 18, 1941

MARIA MARXUACH vs. WESTIN BONAVENTURE HOTEL, ZURICH NORTH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied reconsideration in this case, upholding the judge's decision. Discovery closed by operation of law on September 12, 2007, and the applicant's attorneys failed to demonstrate due diligence in listing crucial medical reports as exhibits prior to this closure. Despite numerous continuances and attempts to amend the exhibit list, discovery was never formally reopened. The Board adopted the judge's reasoning that the applicant did not establish why the exhibits could not have been presented with reasonable diligence before discovery closed.

Mandatory Settlement ConferencePre-trial conference statementdiscovery closureadministrative law judgePetition for Reconsiderationreopen discoverydue diligenceexhibition listWCJ reportWorkers' Compensation Appeals Board
References
Case No. ADJ7680121
Regular
Jun 06, 2011

CARLOS ANDRADE vs. WELLS FARGO & COMPANY, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed Wells Fargo's petition for reconsideration of an order closing discovery and setting the case for trial. The WCAB found the order was procedural, not a final determination of substantive rights, and therefore not subject to reconsideration. The WCAB also denied Wells Fargo's petition for removal, adopting the WCJ's reasoning. Given the trial date has passed, the WCAB ordered the WCJ to reschedule trial with discovery remaining closed.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalClosing DiscoveryProcedural OrderFinal OrderSubstantive RightsDeclaration of ReadinessMandatory Settlement ConferenceGood Faith Efforts
References
Case No. ADJ8497883
Regular
Jan 27, 2014

ANGEL ROBLES vs. UKANI ENTERPRISES INC. \& MIRMAR ENTERPRISES INC.; THE HANOVER INSURANCE COMPANY

In this workers' compensation case, the defendant sought to remove an order that placed the matter off calendar, arguing discovery should have closed and the case proceed to trial. The Appeals Board denied the petition, explaining that the administrative law judge correctly took the case off calendar because a pretrial conference statement was not filed, a requirement for proceeding to trial after a mandatory settlement conference. The Board noted that discovery closes at the mandatory settlement conference, and if the case is not resolved at the next one, a pretrial statement must be filed, and the case will then be continued to trial.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceDiscovery ClosingPretrial Conference StatementLabor Code Section 5502(d)(3)Off Calendar OrderDeclaration of Readiness to ProceedAdministrative Law JudgePermanent Disability Rating
References
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