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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. ADJ3271362 (LAO 0873186) ADJ665746 (MON 0351716) ADJ6595399
Regular
Jun 07, 2017

MARIA MONTALVO vs. FAA FIRST FEDERAL CREDIT UNION, OAK RIVER INSURANCE, BERKSHIRE HATHAWAY HOMESTATE COMPANY, EVEREST NATIONAL INSURANCE COMPNAY, AMERICAN CLAIMS

A lien claimant petitioned to disqualify the Workers' Compensation Judge (WCJ) because her husband previously represented a defendant in these matters for three years. The Appeals Board granted the petition, finding that the WCJ's husband's prior involvement creates an appearance of impropriety, regardless of his actual level of participation. This appearance of bias, coupled with the possibility that the husband could be a material witness, necessitates reassignment to another WCJ to ensure impartiality. The Board cited due process requirements and judicial ethics regarding the appearance of fairness in administrative proceedings.

Petition for DisqualificationWCJ impartialityappearance of improprietyspouse attorneymaterial witnessCanon 3Code of Judicial Ethicsdue processneutral decision makerprior representation
References
Case No. ADJ6804554
Regular
Jul 08, 2014

MARIE DE LEON vs. AVON PRODUCTS, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal/disqualification. The petition was denied because it was filed after testimony had already been taken at trial, violating WCAB Rule 10452. Even if considered on its merits, the petition would have been denied as the WCJ's past, infrequent treatment by the applicant's doctor did not demonstrate bias. The WCJ disclosed the prior contact and asserted impartiality, which the Board found sufficient.

Petition for RemovalPetition for DisqualificationWCJReport and RecommendationJudicial EconomyRule 10452Swearing of First WitnessPetition for ReconsiderationCode of Civil Procedure Section 641Enmity
References
Case No. ADJ7623044
Regular
Jun 18, 2012

YOLANDA CRUZ GARDUNO vs. TIDES WHARF BODEGA BAY ROBERT BUGATTO ENTERPRISES, INC.; TRAVELERS INSURANCE

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration and Petition for Disqualification. The WCAB upheld the WCJ's decision regarding the applicant's average weekly wage, finding it was based on credibility and insufficient evidence of overtime. The WCAB also found the WCJ acted appropriately in managing the trial and limiting irrelevant testimony, despite the applicant's due process claims. The applicant is pursuing separate claims with the Labor Commissioner regarding overtime earnings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for Disqualificationindustrial injuryaverage weekly wagedue processWCJ credibility assessmentlabor commissionovertime incomeinconsistent testimony
References
Case No. ADJ9709124
Regular
Jul 12, 2019

FELIPE VERDUZCO vs. JT WIMSATT CONTRACTING COMPANY, AMERICAN CLAIMS MANAGEMENT

This case involves lien claimants ResHealth and Javlin seeking reconsideration of a decision that denied ResHealth standing due to its dissolved corporate status. The Appeals Board has rescinded the prior findings and returned the case to the trial level for consolidation. This consolidation, under the master file *Patricia Valles vs. JIB Holdings I LLC*, aims to address common legal and factual issues concerning ResHealth's liens and potential stays under Labor Code section 4615. The consolidation will ensure consistent rulings, protect due process, and promote judicial economy.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantsLabor Code 4615Corporate Status SuspensionFranchise Tax BoardConsolidationMaster FileSpecial Adjudication UnitDue Process
References
Case No. ADJ460672 (SFO 0499592), ADJ1224818 (SFO 0499593)
Regular
May 03, 2012

HAMID KHAZAELI vs. SPEDIA.COM INC. and SYSMASTER CORP., GREAT AMERICAN INSURANCE COMPANY

This case involves an applicant, Hamid Khazaeli, who filed a petition with the Workers' Compensation Appeals Board (WCAB). The petition sought reconsideration, removal, disqualification, and to compel testimony from judicial officers. The WCAB, adopting the recommendation of the administrative law judge, has dismissed Khazaeli's petition. Therefore, the applicant's request for further review and action is denied.

ADJ460672ADJ1224818SFO 0499592SFO 0499593Spedia.com Inc.Sysmaster Corp.Great American Insurance CompanyPetition for ReconsiderationPetition for RemovalDisqualification
References
Case No. ADJ7500183
Regular
Oct 07, 2014

RAMON MARTIN vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board denied defendant's petition for reconsideration, finding it frivolous and filed in bad faith. The Board imposed a $750 sanction against defendant's attorneys, Tricia Pride and Hinshaw & Culbertson, LLP. This sanction was for falsely asserting judicial misconduct by the judge in the petition. The attorneys' subsequent response failed to adequately explain or apologize for their conduct.

Workers' Compensation Appeals BoardRemovalSanctionFrivolous PetitionBad-Faith ConductJudicial MisconductCode of Judicial EthicsLabor Code Section 123.6Industrial InjuryLeft Knee Surgery
References
Case No. ADJ9139295
Regular
Sep 04, 2015

Arthur Parra vs. COUNTY OF STANISLAUS, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted the County of Stanislaus's Petition for Removal because the Administrative Law Judge (WCJ) engaged in ex parte communication with the applicant during a recess. The WCJ's statements to the applicant expressing empathy and discussing the traumatic nature of the events created an appearance of impropriety and raised doubts about his impartiality. This conduct, particularly speaking about case facts off the record, violated due process principles requiring a neutral decision-maker. Consequently, the case was reassigned to a new WCJ to ensure a fair hearing.

Petition for RemovalAppearance of ImproprietyWCJ ImpartialityIndustrial InjuryPsyche InjuryGood Faith Personnel ActionLabor Code Section 3208.3(h)Declaration of Douglas C. SparksRecusal of WCJCode of Judicial Ethics
References
Case No. ADJ13713694
Regular
May 09, 2025

JOSE ORTEGA vs. CARDENAS MARKETS, LLC; SAFETY NATIONAL CASUALTY CORPORATION

Applicant Jose Ortega claimed a COVID-19 related injury from May 10, 2020, while employed by Cardenas Markets, LLC. The Workers' Compensation Administrative Law Judge (WCJ) initially found the injury compensable under Labor Code section 3212.86. Defendant sought reconsideration, arguing the presumption's repeal and questioning the Qualified Medical Evaluator's evidence and judicial impartiality. The Workers' Compensation Appeals Board granted reconsideration to further review the factual and legal issues, deferring a final decision on the merits of the petition.

COVID-19 presumptionLabor Code section 3212.86Petition for ReconsiderationQualified Medical Evaluator (QME)substantial medical evidencejudicial biasstatutory repealdate of injurycompensabilityrebuttal of presumption
References
Case No. ADJ2294426 (MON 0193402)
Regular
Aug 09, 2019

SONA SIMONIAN vs. COUNTY OF LOS ANGELES, TRISTAR SERVICES GROUP

The Workers' Compensation Appeals Board granted a petition to disqualify Judge Yvonne Jones based on the appearance of bias. This was due to a sustained ethics complaint filed by lien claimant David Bressler, Ph.D., L.Ac., against Judge Jones concerning her conduct in this specific case. While Judge Jones asserted she could remain impartial, the Board found that a reasonable person could doubt her impartiality given the sustained ethics violation. The disqualification applies only to this case, and the matter will be reassigned.

Petition for DisqualificationWCJ JonesDavid BresslerPh.D.L.Ac.sustained ethics complaintappearance of biasWCAB Rule 10452Code of Civil Procedure Section 641due process
References
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