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Case Law Database

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

Case No. ADJ7073544
Regular
Sep 06, 2016

OMAR NUNEZ vs. PETROCHEM INSULATION, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior dismissal of Omar Nunez's case. The WCAB found that the dismissal for failure to appear at trial violated Nunez's due process rights because no specific Notice of Intention to Dismiss (NIT) was issued for his non-appearance. The prior NIT addressed failure to prosecute, not failure to appear, thus depriving Nunez of an opportunity to object. The case was returned to the trial level for further proceedings.

Petition for ReconsiderationNotice of Intention to DismissFailure to AppearDue ProcessWCAB RulesDismissal Without PrejudiceFailure to ProsecuteViolation of RulesRescind OrderReturn to Trial Level
References
0
Case No. ADJ2653522 (VEN 0103275) ADJ335150 (VEN 0104580)
Regular
Apr 19, 2013

Gregory Spivey vs. Southern California Gas Company

The Workers' Compensation Appeals Board granted reconsideration, rescinded the order dismissing Max MRI Imaging's lien, and returned the matter to the trial level. This decision stems from the lien claimant's failure to appear at two lien trials. While the Appeals Board found the lien claimant's excuse for the initial late appearance was accepted, the second failure to appear warrants further proceedings, including potential sanctions, rather than outright dismissal. A new notice of intention to dismiss, which can also address sanctions, must now be issued.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Dismissing LienFailure to AppearNotice of Intention to DismissGood CauseSanctionsLabor Code § 4903.06Lien Activation Fee
References
0
Case No. ADJ782721 (SBR 0340531)
Regular
Feb 14, 2011

ROSALIND GRANT vs. COUNTY OF SAN BERNARDINO

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing Rosalind Grant's claim due to her failure to appear at trial. The WCAB found the dismissal improper because Grant's attorney was present at trial, and the rules permit dismissal only if a party and their representative fail to appear. Furthermore, the applicant has no obligation to testify, and defendants must formally subpoena an absent applicant or provide a notice to appear to their attorney. The case was returned to the trial level for further proceedings, including potential action on a previously negotiated compromise and release.

ReconsiderationDismissal OrderFailure to AppearCompromise and ReleaseAttorney RepresentationMandatory Settlement ConferenceNotice of Intention to DismissRescinded OrderReturn to Trial LevelHearsay Evidence
References
3
Case No. ADJ171587
Regular
Dec 21, 2012

MARCUS VASQUEZ vs. MARION RESIDENCE, FIREMANS FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order suspending Integrated Healthcare Recovery Services (IHRS) from appearing before the board. This suspension stemmed from IHRS's failure to pay a $1,000 sanction previously imposed for missing a lien trial. The WCAB has now issued a notice of intent to suspend IHRS unless the sanction is paid within 20 days, citing IHRS's failure to comply with a final order as good cause. IHRS may avoid suspension by paying the sanction or demonstrating good cause to the WCAB.

Labor Code Section 4907Petition for ReconsiderationSuspension of AppearanceWCABWCJSanction OrderLien TrialFinal OrderFailure to PayHearing Representative
References
2
Case No. ADJ7526524
Regular
Nov 15, 2013

LUIS GONZALEZ vs. ONTIC ENGINEERING MANUFACTURING, INSURANCE CO. OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a dismissal order. The applicant's case was dismissed for failure to appear at trial, but the Board found this was an error. An attorney representative for the applicant was present at the trial, satisfying the appearance requirement. Furthermore, the applicant was not required to appear personally unless subpoenaed or given specific notice, which did not occur. The case was rescinded and returned for further proceedings.

WCABPetition for ReconsiderationOrder Dismissing CaseFailure to AppearOut of CountryPrior AttorneyWCAB Rule 10562(a)Hearing RepresentativeHearsay EvidenceMedical Reports
References
6
Case No. MISSING
Regular Panel Decision

Rowe v. Board of Education

Plaintiff sued Chatham Central School District Middle School for negligence after sustaining injuries from a fall in the school cafeteria, allegedly due to accumulated mud, water, and a lack of rain mats. The defendant School District subsequently impleaded the Chatham Central Teachers’ Association, claiming the Association was in control of the cafeteria and responsible for the plaintiff's injuries. Following a trial, the jury rendered a verdict of no cause for action in favor of both the School District and the Association. However, Special Term set aside this verdict and granted a new trial, based on evidence suggesting an accumulation of mud and water and the defendant's failure to provide janitorial services. On appeal, the Appellate Division reversed Special Term's order, reinstating the original jury verdict, concluding that the jury's finding was not against the weight of the evidence given the conflicting testimony presented at trial.

NegligencePremises LiabilitySlip and FallJury VerdictWeight of EvidenceAppellate ReviewNew Trial Order ReversedSchool CafeteriaChatham Central School DistrictColumbia County
References
3
Case No. ADJ8912819
Regular
Nov 13, 2017

DULCE GONZALEZ vs. MURANAKA FARMS, ZENITH INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded a WCJ's order awarding attorney's fees to the applicant. The WCJ had awarded fees for the defendant's failure to appear at a trial on March 18, 2016, citing Labor Code Section 5813. However, the Board found that the defendant provided a reasonable excuse for its inadvertent failure to appear due to a calendaring error and that there was no evidence of bad faith or a pattern of non-appearance. Therefore, attorney's fees were deemed not warranted under these circumstances.

Petition for ReconsiderationFindings and OrderAttorney's FeesFailure to AppearSanctionsBad-Faith TacticsExcusable NeglectCode of Civil Procedure Section 473Labor Code Section 5813WCAB Rule 10561
References
6
Case No. ADJ7278127
Regular
Nov 15, 2013

MARTHA ZAZUETA-GARCIA vs. SPHERION CORPORATION, AMERICAN HOME ASSURANCE, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded two orders compelling the defendant to pay medical liens. The original orders were issued after the defendant failed to appear at a lien trial, but the defendant argued they did not receive proper notice. The Board found the defendant's failure to appear was due to mistake, inadvertence, or excusable neglect, supported by evidence of a late-filed substitution of counsel and alleged lack of notification. Consequently, the case was returned to the trial level for a new lien trial, with proper notice to be served on all parties.

Workers Compensation Appeals BoardLien TrialPetition for ReconsiderationOrder to Pay LienWCJFailure to AppearNotice of HearingSubstitution of AttorneysExcusable NeglectLabor Code Section 5506
References
2
Case No. ADJ880264 (AHM 0133336)
Regular
Apr 19, 2017

DANIEL MEDINA vs. CONTROL AIR CONDITIONING, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration and rescinded the dismissal of his case. The dismissal was deemed a violation of due process because the applicant did not receive adequate notice that his case would be dismissed based on his personal appearance at the June 26, 2017 trial or his alleged lack of participation. The WCAB found that the original Notice of Intention to Dismiss was solely based on failure to appear at the May 15, 2017 trial, and the applicant's request for an opportunity to be heard on these issues was improperly denied. Consequently, the matter was returned to the trial level for further proceedings, ensuring the applicant's right to a fair hearing.

Petition for ReconsiderationDismissal of CaseNotice of Intention to DismissDue ProcessFailure to AppearAttorney Calendaring ErrorReport and RecommendationWorkers' Compensation JudgeWCABFindings of Fact
References
11
Case No. ADJ928027
Regular
Feb 03, 2016

DAVID TRINH vs. TZENG LONG USA, INC., BERKSHIRE HATHAWAY

This case involves the suspension of Mike Traw's privilege to appear before the Workers' Compensation Appeals Board (WCAB) under Labor Code Section 4907. The WCAB issued a Notice of Intention to suspend due to non-payment of sanctions and failure to respond. While Professional Lien Services, Inc. (PLS) sought extensions, neither Traw nor PLS provided a substantive response. Consequently, Traw's appearance privilege is suspended for ninety days due to his failure to comply with the WCAB's orders. Further action against PLS may occur if ordered sanctions remain unpaid.

Labor Code Section 4907Decision After RemovalNotice of IntentionSuspension of PrivilegeProfessional Lien ServicesMike TrawAppeals Board En BancSanction OrderInterference with Judicial ProcessWCAB
References
0
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