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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. AHM 0109985
Regular
Aug 04, 2008

JOSE PERDOMO vs. ABC SUPPLY COMPANY, INC., ESIS

This case involves a dispute over a deposition scheduled by applicant's counsel, which defense counsel claims was erroneously set and misrepresented. The defendant sought removal of an order that took the case off calendar, alleging prejudice from applicant's counsel's representations. The Appeals Board granted removal, rescinded the off-calendar order, and returned the matter to the trial level to determine the conflicting factual claims regarding the deposition.

Petition for RemovalOrder Taking Off CalendarAppirionWCJDepositionApplicant CounselDefense CounselVerified AnswerReport and RecommendationTrial Level
References
Case No. ADJ6733950
Regular
Jul 25, 2012

ANTHONY AVILA vs. MARK EVERETTE DRYWALL CO., EVEREST NATIONAL INSURANCE CO., AMERICAN CLAIMS MANAGEMENT

This case concerns an applicant's Petition for Reconsideration of a dismissal order. The applicant argues his due process rights were violated because the dismissal for failure to appear was improper since his counsel was present at trial dates. The Appeals Board found that as the applicant was represented by counsel at trial, dismissal was erroneous. The Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level, also noting the unresolved request for counsel to withdraw.

Petition for ReconsiderationOrder Dismissing CaseWCJdue processMandatory Settlement ConferencetrialMinutes of Hearingrelieved as counselNotice of Intention to Dismiss Casefailure to appear
References
Case No. SAU2545427; ADJ2545427 (LBO 0358993)
Regular
Aug 25, 2025

YOLANDA SABLAN vs. COUNTY OF LOS ANGELES, ACCLAMATION SANTA CLARITA

State Compensation Insurance Fund (SCIF) sought reconsideration of an order appointing it and Travelers Property Casualty Company of America as joint liaison counsel in a consolidated workers' compensation proceeding. SCIF argued it had minimal lien involvement and lacked statutory authority for the role, citing conflicts with state law. The Workers' Compensation Appeals Board (WCAB) denied the petition, finding SCIF failed to provide evidentiary support for its claims and affirming that SCIF, like any other insurer, has the duty and authority to act as liaison counsel to defend against potentially fraudulent liens. The Board also reaffirmed its jurisdiction to appoint liaison counsel under WCAB Rule 10396, dismissing SCIF's petition for removal and denying its petition for reconsideration.

Liaison CounselJoint Liaison CounselPetition for ReconsiderationWCAB Rule 10396Labor Code Section 5909Consolidated ProceedingLien ClaimantsSCIF AuthorityAnti-Fraud UnitRemoval
References
Case No. ADJ7646278
Regular
May 25, 2012

KIRK ALVARADO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE COMPANY

Former applicant's counsel sought reconsideration of an arbitrator's order requiring them to pay $525.00 to reimburse the defendant for a failed deposition. The arbitrator based the order on a "fair balance" rather than bad faith, believing the defense was ready to proceed. However, the Appeals Board granted reconsideration, rescinding the cost order. The Board found that miscommunication between the applicant and his attorney, not counsel's fault, caused the deposition's failure.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationFailed DepositionReimbursement of CostsLabor Code Section 5811MiscommunicationApplicant's CounselDefense CounselAward of Costs
References
Case No. ADJ7009407 ADJ7009413
Regular
Jan 16, 2015

FRANCES VALLE vs. J&M SALES, INC., NATIONAL STORES, INC., dba FALLAS PAREDES, HARTFORD FINANCIAL SERVICES GROUP

This case concerns a lien claimant's petition for reconsideration after their lien was dismissed for failure to file a verified objection to dismissal. The Workers' Compensation Appeals Board (WCAB) granted the petition, rescinded the dismissal order, and returned the matter for a ruling on the merits of the objection. The WCAB clarified that the rule regarding notice of attorney representation did not apply to the specific facts presented regarding the lien claimant's representation. The case is now back for the WCJ to determine the validity of the lien.

Petition for ReconsiderationOrder Dismissing LienLien ConferenceVerified ObjectionJudicial PolicyCuring DefectsNotice of Intention to DismissReport and RecommendationWCAB Rule 10774.5Notice of Representation
References
Case No. ADJ8070046, ADJ10519001
Regular
Jun 11, 2018

LASHAWN WILLIAMS vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involved sanctions imposed on applicant's attorney for verbally abusing opposing counsel. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, reducing the sanctions from $750 to $500 because the WCJ improperly cited prior misconduct not included in the notice. The WCAB affirmed the award of $193.75 in costs, finding it reasonable for defense counsel's time spent addressing the incident. The attorney's petition for disqualification of the WCJ was denied, as the allegations were untimely, unsubstantiated, and based on general adverse rulings rather than actual bias.

Workers' Compensation Appeals BoardSanctionsReconsiderationDisqualificationWCJApplicant's CounselDefense CounselMandatory Settlement ConferenceVerbal AbuseCosts
References
Case No. ADJ8077330
Regular
Jan 26, 2018

LISA HENRY vs. ALLIED BARTON SECURITY SERVICES, Insured By ARCH COMPANY, Administered By ESIS CHATSWORTH

Lien claimants sought reconsideration of orders dismissing their liens due to alleged failure to file a Notice of Change of Representation. The Appeals Board granted reconsideration because the proof of service for the dismissal orders was insufficient, making the lien claimants' petition timely. Furthermore, the Board found that lien claimants complied with WCAB Rule 10774.5(e) by presenting their Notice of Representation at the lien trial. Consequently, the WCAB rescinded the dismissal orders and returned the matter for further proceedings.

WCABLien ClaimantsNotice of Change of RepresentationWCAB Rule 10774.5(e)(2)Petition for ReconsiderationWCJEAMSOfficial Address RecordProof of Servicetimely filed
References
Case No. ADJ8718900
Regular
Jun 27, 2019

JOSE ANTONIO RAMIREZ RAYA vs. JOANNE RUIZ, dba J'S SPORTS BAR & GRILL

The Workers' Compensation Appeals Board granted defendant's petition for removal, rescinding the judge's order that denied a motion to quash a deposition of defense counsel. The Board found that depositions of opposing counsel are disfavored and require a high standard of cause, which was not met. Furthermore, the judge denied the motion without a hearing or proper justification, violating due process. The case is returned to the trial level for further proceedings, emphasizing the need for well-supported discovery requests given the age of the claim.

Petition for RemovalMotion to QuashDeposition of Defense CounselOpposing Counsel DepositionDisfavored DiscoveryIntoxication DefenseLabor Code Section 3600(a)(4)Burden of ProofPanel QMEStipulation
References
Case No. ADJ9518031
Regular
Oct 16, 2014

MARIA LUISA GARCIA vs. GABRIEL STEFFENS AND KATHERINE E. BELL, STATE FARM INSURANCE COMPANY

In this workers' compensation case, the Appeals Board granted defendant's Petition for Removal to address the dismissal of their Petition to Quash a subpoena duces tecum (SDT). The defendant argued the SDT was improperly served only on the defendant, not their counsel, despite notice of representation being filed. The Board agreed that failure to serve counsel renders an SDT void ab initio. Consequently, the Appeals Board rescinded the WCJ's dismissal order and returned the matter to the trial level for a merits determination of the Petition to Quash.

Petition for RemovalPetition to QuashSubpoena Duces TecumService of ProcessVoid ab initioMootnessIndustrial InjuryRight Upper ExtremityPsycheBaby Sitter
References
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