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Case Law Database

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

Case No. ADJ3910048 (VNO 0417016)
Regular
Jul 30, 2010

NAHID JAVADI vs. SIMI VALLEY HOSPITAL, ADVENTIST HEALTH SYSTEMS WEST

This case involves an employer, Simi Valley Hospital/Adventist Health Systems West, seeking to prevent the joinder of AIG as a defendant in a workers' compensation claim. The employer argues it is permissibly self-insured and self-administered, and joining AIG, an excess carrier, would cause irreparable harm. The Appeals Board found that since there is no third-party administrator involved, the precedent relied upon for joinder is inapplicable. Consequently, the Board rescinded all orders joining AIG and returned the case to the trial level.

Workers' Compensation Appeals BoardPetition for RemovalJoinder of DefendantReinsurance CarrierExcess CarrierPermissibly Self-InsuredSelf-AdministeredIndustrial InjuryFindings and AwardPetition to Reopen
References
Case No. ADJ8766908
Regular
Aug 01, 2025

GERARDO MEDEROS vs. AG FORCE, LLC; CALIFORNIA FARM MANAGEMENT SELF INSURED GROUP

This case involves Gerardo Mederos, the applicant, and defendants AG Force, LLC, and California Farm Management Self Insured Group, administered by Intercare. The cost petitioner, Supreme Copy Service, sought removal or reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) order that deemed its notice of representation defective and took the lien trial off calendar. The Appeals Board ultimately dismissed the petition for reconsideration, granted the petition for removal, and rescinded the WCJ's April 30, 2025 order. The Board found that Supreme Copy Service's notice of representation complied with WCAB Rule 10401 and returned the matter to the trial level for further proceedings.

RemovalReconsiderationNotice of RepresentationWCAB Rule 10401Non-attorney representativeLien trialAdjudication NumberInterlocutory orderFinal orderLabor Code Section 5909
References
Case No. ADJ19199519; ADJ19199522
Regular
Feb 18, 2025

LAURA RODRIGUEZ vs. 99 CENTS ONLY STORES, SELF-INSURER'S SECURITY FUND

The Self-Insurers' Security Fund (SISF) petitioned for reconsideration or removal of a Workers' Compensation Judge's (WCJ) order denying its joinder in a case involving injured applicant Laura Rodriguez and the bankrupt 99 Cents Only Stores. The WCJ had ruled that SISF, having assumed the insolvent employer's liabilities, only needed to file a notice of change in administrator, not a joinder petition. The Appeals Board dismissed the petition for reconsideration as the order was not final, but granted the petition for removal. As its Decision After Removal, the Appeals Board rescinded the WCJ's December 2, 2024 order, finding due process violations due to the summary denial without a hearing, and returned the matter to the trial level for further proceedings.

Self-Insurers' Security Fundjoinderremovalreconsiderationinsolvent self-insurerliquidationadministrative law judgeorderdue processsubstantial evidence
References
Case No. ADJ6643295
Regular
Oct 28, 2014

FRANCISCO MARTINEZ vs. MAINSTAY BUSINESS SOLUTIONS, CALIFORNIA SELF-INSURER'S SECURITY FUND, METRO RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) rescinded three orders dismissing lien claims due to unclear representation of the lien claimants at trial. The WCAB noted the lien claimants' representative, BBE Management, and a potential representative, Mr. House, had conflicting or unclear roles. Therefore, the matter was returned to the WCJ for further proceedings to clarify representation and to reconsider sanctions. Sanctions were not imposed at this time pending this clarification.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrders Dismissing Lien ClaimsWCJlien claimantsBBE ManagementWCAB Rule 10774.5notice of intention to dismissnotice of intention to impose sanctionsobjection
References
Case No. SRO 0121152
Regular
Dec 12, 2007

GINGER DUNLAP-FENTON vs. EEL RIVER SAWMILLS, SELF-INSURERS' SECURITY FUND

This case involved a defendant's petition for reconsideration of an award for an applicant's industrial neck injury. The appeals board granted reconsideration, amending the original award to reduce the permanent disability rating from 23% to 17% and adjusting the applicant's attorney fees. The board adopted the WCJ's report, which specified the revised permanent disability indemnity, the calculation of attorney fees on remaining temporary disability and self-procured medical expenses, and affirmed other aspects of the original award.

Workers Compensation Appeals BoardEel River SawmillsSelf-Insurers' Security Fundindustrial injuryblock stackerbankruptcytemporary total disabilitypermanent disabilityapportionmentself-procured medical treatment
References
Case No. ADJ6573692
Regular
May 09, 2016

Gloria Mares vs. 99 Cents Only Stores, Broadspire

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by lien claimants. The petition was dismissed because the lien claimants' representative, Frank Ureno, failed to file a proper Notice of Representation with the Board. This procedural defect, the failure to comply with notice requirements for representation, was grounds for dismissal. The Board also noted that the petition would have been denied on its merits if not for the procedural issue.

Petition for ReconsiderationLien claimantsNotice of RepresentationHearing RepresentativeCalifornia Code of Regulations 10774.5DismissalWorkers' Compensation Appeals BoardWCJ ReportUn-numbered pagesOrder Dismissing Lien Balance
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. 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. ADJ9438610
Regular
Sep 26, 2014

LUIS MENDIZABAL vs. C. E. LIMITED, INC., dba CENTRAL ENTERPRISES, ZENITH NORTH AMERICAN COMMERCIAL INSURANCE

The Workers' Compensation Appeals Board granted reconsideration, rescinding prior findings that the defendant failed to provide MPN information and that the applicant properly self-procured care. The Board found the defendant timely provided MPN notice in May 2014, not May 2013 as initially determined. Consequently, the defendant is not liable for self-procured treatment, and the case is returned to the trial level.

Medical Provider NetworkMPN transfer of careself-procured medical treatmentreconsiderationFindings of FactWCJadministrative law judgeindustrial injuryright kneenotice of transfer
References
Case No. ADJ7456943
Regular
Jun 12, 2015

LILIAN LOPEZ vs. THE EDWARD THOMAS COMPANIES, GALLAGHER BASSETT SERVICES

This case concerns a lien claimant, Elena Konstat, Ph.D., whose lien was dismissed after she failed to appear at a lien conference and did not provide good cause. The Workers' Compensation Appeals Board denied her petition for reconsideration, upholding the dismissal. The Board found that the lien claimant's notice of representation was procedurally deficient and did not comply with relevant WCAB rules. Additionally, the petition for reconsideration itself lacked proper verification from someone with personal knowledge of the facts.

Lien claimantPetition for ReconsiderationOrder Dismissing LienWCJNotice of RepresentationWCAB Rule 10774.5failure to appeargood causeverificationpersonal knowledge
References
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