Updated Daily

Case Law Database

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

Case No. ADJ7785865

Regular

FABIOLA MARTINEZ vs. PRIORITY BUSINESS SERVICES, INC., TRAVELERS

The defendant sought removal of the WCJ's order rescinding a Compromise and Release (C&R), arguing the applicant's petition to set aside was untimely. The Appeals Board dismissed the defendant's petition due to improper service. However, the Board granted removal on its own motion, rescinded the WCJ's order, and returned the matter for a hearing on the applicant's petition to set aside the C&R. This decision acknowledges the applicant's petition was indeed untimely, but asserts the Board's authority to review the C&R for good cause under Labor Code section 5803.

Workers' Compensation Appeals BoardPetition for RemovalOrder Approving Compromise and ReleasePetition to Set Asideuntimely petitionPro Per ApplicantWCJremoval on Appeals Board motionGood CauseLabor Code Section 5803

References

Case No. MISSING

Regular Panel Decision

Howard v. New York Times

This case concerns a motion seeking leave to appeal from an Appellate Division order, which had affirmed a Workers' Compensation Board determination. The Board's determination denied an application for reconsideration and/or full Board review. The motion for leave to appeal, insofar as it pertained to the Board's denial of reconsideration, was dismissed on the grounds that this portion of the order did not constitute a final determination within the meaning of the Constitution. The remaining aspects of the motion for leave to appeal were denied.

Motion PracticeLeave to AppealAppellate ReviewWorkers' CompensationBoard ReviewReconsiderationJurisdictionFinality of OrderConstitutional LawDismissal

References

Case No. ADJ6624859

Regular

CHRISTIAN ALTAMIRANO vs. CREATIVE MACHINING TECHNOLOGY, ILLINOIS MIDWEST INSURANCE AGENCY on behalf of TOWER SELECT INSURANCE COMPANY

The Appeals Board dismissed the defendant's unverified petition for reconsideration as it sought to appeal a non-final order and was untimely filed. However, the Board granted removal on its own motion, rescinded the prior order denying the change of venue, and returned the case to the trial level. This allows the merits of the defendant's venue change request to be fully addressed.

Venue objectionAdjudication case numberUnverified petitionReconsiderationRemovalOrder Denying Petition for Change of VenueWorkers' compensation judgeActing Presiding WCJTrial levelSubstantive right

References

Case No. ADJ10642409

Regular

Feb 23, 2018

Santos Rubalcaba vs. Beautiful Church/Rowland Heights Korean Baptist Church, GuideOne Mutual Insurance Company

The applicant sustained an industrial hand and skin injury. The defendant's attorney misrepresented proof of service of a Notice of Intention to Dismiss Case by falsely claiming it was served on the applicant. The Appeals Board dismissed the defendant's petition for reconsideration and denied their petition for removal. However, the Board granted removal on its own motion and issued a notice of intent to impose sanctions up to $2,500 against the defendant's attorney and insurer for their frivolous and misleading conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DismissalNotice of Intention to Dismiss CaseMandatory Settlement ConferenceService of NOIMaterial MisrepresentationFrivolous ConductLabor Code section 5813

References

Case No. ADJ9519638

Regular

Dec 22, 2015

LORA OWENS vs. DEPARTMENT OF PARKS AND RECREATION, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the defendant's petitions for reconsideration, removal, and disqualification of the judge. The Board granted removal on its own motion to consider imposing sanctions against the defendant's attorney and insurer for disruptive conduct and refusal to comply with court orders. The defendant's arguments regarding the judge's rulings on occupational group number and trial procedures were found to lack merit.

WCABOccupational Group NumberRemoval PetitionPetition for ReconsiderationPetition for DisqualificationWCJ ConductBiasRight to CounselDue ProcessInvited Error

References

Case No. ADJ1988796 (OXN 0126081) ADJ4225705 (OXN 0126083)

Regular

Oct 18, 2010

JULIE ANN CABEZA vs. MARY HEALTH OF THE SICK, REDLAND INSURANCE, Administered By CRAWFORD AND COMPANY

The Appeals Board dismissed the lien claimant's petition for reconsideration because the WCJ's orders were not final. Removal was denied as there was no showing of substantial prejudice or irreparable injury. However, the Appeals Board granted removal on its own motion to rescind the WCJ's Amended Findings and Order and to remand the matter for further proceedings, including discovery and a potential trial on the lien. The WCJ also needs to consider the lien claimant's attorney's disability accommodation claim.

Lien ClaimantPetition for ReconsiderationDenying RemovalGranting RemovalWCJSanctionsLien TrialMandatory Settlement ConferenceNotice of IntentAmended Findings and Order

References

Case No. ADJ4111442 (VNO 0471258)

Regular

Oct 28, 2011

WUZHONG WANG vs. HOMETOWN INN, AMERICAN COMMERCIAL

The Appeals Board dismissed the applicant's petition for reconsideration because it was unsigned, unverified, and lacked specific record references. However, the Board granted removal on its own motion to correct a clerical error. This correction changed the employer's name from "HomeTown Buffet" to "HomeTown Inn" in the original Findings and Award. The Board affirmed the original award, which included a finding of psyche injury and awarded permanent disability and further medical treatment for the psyche.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPsychePermanent DisabilityApportionmentMedical TreatmentReport and RecommendationClerical Error

References

Case No. ADJ7018746

Regular

May 21, 2012

Clementina Morales vs. El Bajio Packing, Redwood Fire and Casualty Insurance Company, Berkshire Hathaway, State Compensation Insurance Fund

The Appeals Board dismissed the lien claimant's petition for reconsideration because it was improperly filed and not a final order. However, the Board granted removal on its own motion to address the WCJ's problematic order disallowing the lien. The Board vacated the WCJ's order and returned the matter to the trial level for further proceedings, including a determination of the lien claimant's objection and potential sanctions. This action was taken to ensure due process and address procedural errors concerning the lien's disallowance.

WCABLien ClaimantPetition for ReconsiderationRemovalWCJOrder Disallowing LienDue ProcessExcusable MistakeComp and ReleaseDeclaration of Readiness

References

Case No. ADJ4599548 (MON 0212034) ADJ1776170 (MON 0224335) ADJ1414058 (MON 0246016)

Regular

Feb 16, 2017

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT FOOD SERVICES, AMERICAN INTERNATIONAL GROUP, INC., BROADSPIRE

This case involves applicant Kristian Von Ritzhoff's workers' compensation claim. After a Court of Appeal decision annulled prior board decisions, the case returned for further proceedings, but discovery stalled due to disputes over depositions. The Appeals Board, on its own motion, granted removal due to the impracticality of appointing a Special Master. Consequently, the Board has transferred the proceedings to WCJ David Pollak to oversee and complete the depositions of the applicant's former spouse and Dr. Gilberg, as required by the Court of Appeal.

RemovalSpecial MasterDiscovery DisputeDepositionDana KasovaDr. GilbergApportionmentCourt of AppealRemittiturWCJ David Pollak

References

Case No. ADJ11276421

Regular

Mar 15, 2019

SABAS GAMBOA vs. FULLERTON PACIFIC INTERIORS, INC., INSURANCE COMPANY OF THE WEST

The applicant sought reconsideration of an order dismissing defendant Clark Builders and others, arguing it was improper as Clark Builders was not a party. The Appeals Board dismissed the applicant's petition for reconsideration as untimely and from a non-final order. However, the Board granted removal on its own motion to correct the record, as Clark Builders was never properly a party. The Board rescinded the original dismissal order and issued a new order dismissing Arch Indemnity Insurance Company and Gallagher Bassett Services, Inc. without prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalOrder DismissingLack of EmploymentClark BuildersArch Indemnity Insurance CompanyGallagher Bassett ServicesInc.Fullerton Pacific Interiors

References

Showing 1-10 of 45,458 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Updated Daily

Case Law Database

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

Case No. ADJ7785865

Regular

FABIOLA MARTINEZ vs. PRIORITY BUSINESS SERVICES, INC., TRAVELERS

References

Case No. MISSING

Regular Panel Decision

Howard v. New York Times

Motion PracticeLeave to AppealAppellate ReviewWorkers' CompensationBoard ReviewReconsiderationJurisdictionFinality of OrderConstitutional LawDismissal

References

Case No. ADJ6624859

Regular

CHRISTIAN ALTAMIRANO vs. CREATIVE MACHINING TECHNOLOGY, ILLINOIS MIDWEST INSURANCE AGENCY on behalf of TOWER SELECT INSURANCE COMPANY

Venue objectionAdjudication case numberUnverified petitionReconsiderationRemovalOrder Denying Petition for Change of VenueWorkers' compensation judgeActing Presiding WCJTrial levelSubstantive right

References

Case No. ADJ10642409

Regular

Feb 23, 2018

Santos Rubalcaba vs. Beautiful Church/Rowland Heights Korean Baptist Church, GuideOne Mutual Insurance Company

References

Case No. ADJ9519638

Regular

Dec 22, 2015

LORA OWENS vs. DEPARTMENT OF PARKS AND RECREATION, STATE COMPENSATION INSURANCE FUND

WCABOccupational Group NumberRemoval PetitionPetition for ReconsiderationPetition for DisqualificationWCJ ConductBiasRight to CounselDue ProcessInvited Error

References

Case No. ADJ1988796 (OXN 0126081) ADJ4225705 (OXN 0126083)

Regular

Oct 18, 2010

JULIE ANN CABEZA vs. MARY HEALTH OF THE SICK, REDLAND INSURANCE, Administered By CRAWFORD AND COMPANY

Lien ClaimantPetition for ReconsiderationDenying RemovalGranting RemovalWCJSanctionsLien TrialMandatory Settlement ConferenceNotice of IntentAmended Findings and Order

References

Case No. ADJ4111442 (VNO 0471258)

Regular

Oct 28, 2011

WUZHONG WANG vs. HOMETOWN INN, AMERICAN COMMERCIAL

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPsychePermanent DisabilityApportionmentMedical TreatmentReport and RecommendationClerical Error

References

Case No. ADJ7018746

Regular

May 21, 2012

Clementina Morales vs. El Bajio Packing, Redwood Fire and Casualty Insurance Company, Berkshire Hathaway, State Compensation Insurance Fund

WCABLien ClaimantPetition for ReconsiderationRemovalWCJOrder Disallowing LienDue ProcessExcusable MistakeComp and ReleaseDeclaration of Readiness

References

Case No. ADJ4599548 (MON 0212034) ADJ1776170 (MON 0224335) ADJ1414058 (MON 0246016)

Regular

Feb 16, 2017

KRISTIAN VON RITZHOFF vs. OGDEN ENTERTAINMENT FOOD SERVICES, AMERICAN INTERNATIONAL GROUP, INC., BROADSPIRE

RemovalSpecial MasterDiscovery DisputeDepositionDana KasovaDr. GilbergApportionmentCourt of AppealRemittiturWCJ David Pollak

References

Case No. ADJ11276421

Regular

Mar 15, 2019

SABAS GAMBOA vs. FULLERTON PACIFIC INTERIORS, INC., INSURANCE COMPANY OF THE WEST

References

Showing 1-10 of 45,458 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.