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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. ADJ4639631 (MON 0327478)
Regular
Nov 08, 2012

MARY JONES vs. UCLA MEDICAL CENTER, SEDGWICK, CMS

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, finding that the judge improperly continued the case to trial after a status conference without defendant's agreement. The Board rescinded the judge's order, stating that a mandatory settlement conference (MSC) is required after a status conference unless parties agree otherwise. The case is returned for further proceedings, including setting a new MSC, with discovery remaining open to allow the defendant to complete its investigation.

Petition for RemovalWCJStatus ConferenceMandatory Settlement ConferenceDiscoveryOff CalendarLabor Code Section 5502(e)(3)WCAB Rule 10301(dd)Pretrial Conference StatementDeclarations of Readiness to Proceed
References
Case No. ADJ4398425 (LAO 0875977) ADJ1647933 (LAO 0867627)
Regular
Jul 21, 2010

PHYLLIS MOSS vs. PriceWaterhouseCoopers, LLP, Chubb Services Corporation

This case involves a dispute over a mandatory settlement conference (MSC) where both parties claim the other was absent or improperly handled the proceedings. The Appeals Board granted removal due to conflicting records and confusing circumstances surrounding the MSC and a subsequent trial setting. The Board found the WCJ erred by setting the matter for trial after issuing an order taking it off calendar, despite conflicting accounts of attorney appearances. Consequently, the scheduled trial was converted to a status conference for further proceedings.

Petition for removalMandatory settlement conferenceOrder off calendarMinutes of HearingPre-Trial Conference StatementAgreed Medical Evaluator (AME)Status conferenceRemandedWCJWCAB
References
Case No. ADJ9174788
Regular
Jun 09, 2004

JEFFREY ROGERS vs. FRESH AND EASY NEIGHBORHOOD MARKET, LIBERTY MUTUAL INSURANCE COMPANY

Defendant Fresh and Easy Neighborhood Market sought removal of an order setting a Mandatory Settlement Conference (MSC) for April 1, 2014, alleging prejudice. However, the MSC proceeded as scheduled, and the defendant's petition for removal was not received by the Appeals Board until after the conference had concluded. Consequently, the petition was rendered moot. The Appeals Board dismissed the petition, noting the orderly progression of the case towards a trial set for June 17, 2014, which was limited to specific issues with discovery remaining open.

Petition for RemovalMandatory Settlement ConferenceElectronic Adjudication Management SystemAOE/COE conferenceWCJmootQualified Medical EvaluatorReport and RecommendationCumulative TraumaIndustrial Injury
References
Case No. ADJ7523653
Regular
Jun 14, 2012

VIRGINIO SALINAS vs. WAWONA PACKING CO. LLC, TRISTAR RISK MANAGEMENT

This case concerns a lien claimant's petition for removal after the WCJ issued a notice of intention to dismiss the lien for failure to prosecute. The Board granted the petition, rescinding the dismissal notice. The WCJ improperly attempted to dismiss the lien, as the lien claimant was available by telephone during the mandatory settlement conference. The lien claim will now be continued for further proceedings at the trial level.

Petition for RemovalNotice of Intention To Dismiss LienLien ClaimantMandatory Settlement Conference (MSC)Lack of ProsecutionWCAB Rule 10301(x)WCAB Rule 10562(d)Lien ConferenceDecision After RemovalRescinded
References
Case No. ADJ8162471
Regular
Oct 10, 2013

Brenda Jackson vs. Pitney Bowes, Inc., Sedgwick

In *Jackson v. Pitney Bowes, Inc.*, the employer successfully petitioned for removal, seeking to rescind an order that kept the case off calendar for an Agreed Medical Evaluator's (AME) deposition. The Appeals Board found that discovery should have closed at the mandatory settlement conference (MSC) pursuant to Labor Code section 5502(d)(3). Since the applicant failed to demonstrate due diligence in completing discovery prior to the MSC, the Board granted removal, closed discovery as of July 23, 2013, and returned the case to the trial level for further proceedings.

Petition for RemovalMandatory Settlement Conference (MSC)Order Off CalendarAgreed Medical Evaluator (AME)DepositionLabor Code Section 5502(d)Discovery ClosureDeclaration of Readiness to Proceed (DOR)Untimely ObjectionDue Diligence
References
Case No. ADJ739750 (FRE 0217695) ADJ3422922 (FRE 0217696) ADJ4620151 (FRE 0217213)
Regular
Sep 23, 2010

JERRY P. WILLIAMS vs. GOLDEN STATE VINTNERS and STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) initially issued a Notice of Intention to Impose Sanctions against State Compensation Insurance Fund (SCIF) for failing to provide a computer printout of benefits. SCIF objected, asserting the printout was available at a prior Mandatory Settlement Conference (MSC) with a former attorney. Although the printout was not explicitly mentioned in the MSC pre-trial statement or offered at trial, the WCAB accepted SCIF's representation of its availability. Consequently, finding no willful failure to comply with a regulatory obligation, the WCAB dismissed the Notice of Intention to Impose Sanctions.

Workers' Compensation Appeals BoardNotice of Intention To Impose SanctionsWCAB Rule 10607computer printout of benefitsMandatory Settlement Conference (MSC)Declaration of Desiree A. Mercadopre-trial conference statementproposed exhibitsEAMSwillful failure to comply
References
Case No. ADJ1718273 (SFO 0464362)
Regular
Feb 22, 2013

MARIANNE WALSH vs. G.A. WRIGHT, INC., CNA CASUALTY OF CALIFORNIA

This case involves a workers' compensation claim where the defendant petitioned for removal, arguing the record was complete for trial. The Appeals Board granted the petition, finding the prior order to continue to a Mandatory Settlement Conference (MSC) was premature. The Board rescinded that order and returned the case to the trial level for an MSC to file a Pretrial Conference Statement, as discovery had closed. The applicant must now attend MSCs and trial in person to facilitate these necessary procedural steps.

Petition for RemovalMandatory Settlement ConferencePretrial Conference StatementLabor Code section 5502(d)(3)Discovery ClosureIndustrial InjuryOverexertion at high altitudeChest wall injuryLung injuryHeart injury
References
Case No. ADJ1906750 (OAK 0339121) ADJ7499032
Regular
Aug 15, 2013

MARY FISHER vs. MET LIFE INSURANCE, NATIONAL UNION FIRE INSURANCE COMPANY

The Appeals Board granted the applicant's Petition for Removal to rescind the WCJ's order closing discovery and continuing the case to trial. The WCJ erred by converting a status conference into a mandatory settlement conference without adequate notice to the applicant, thereby unfairly precluding her from obtaining a required vocational expert report. Since the applicant did not expect discovery to close at the initial status conference, the Appeals Board returned the matter for a proper MSC and further proceedings.

Petition for RemovalVocational expert reportMandatory Settlement ConferenceDiscovery closureIndustrial injuryLabor Code section 5502(d)(3)Grupe Company v. Workers' Comp. Appeals Bd.Labor Code section 5703(j)Due diligenceStatus conference
References
Case No. ADJ8171103
Regular
Mar 28, 2013

Luis Morales vs. R\&D Farms, LLC, AMTRUST UNDERWRITERS, INC

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing a lien claimant's claim with prejudice. The dismissal was based on the claimant's failure to pay a lien activation fee prior to a scheduled lien conference, as required by a newly enacted law. However, the Appeals Board found that the claimant received an official notice for a Mandatory Settlement Conference (MSC) and not a lien conference. Therefore, the claimant should not be prejudiced for failing to comply with a requirement for a different type of hearing. The matter was returned to the trial level for further proceedings on the lien claim.

Lien Activation FeeMandatory Settlement ConferenceLien ConferenceLabor Code section 4903.06Workers' Compensation Appeals BoardReconsiderationDismissal with PrejudiceOfficial NoticeProof of ServiceCompromise and Release
References
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