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

Case No. ADJ9195822
Regular
Oct 09, 2017

BOBBY LEWIS vs. HENDRICKSON TRUCKING, NATIONAL INTERSTATE INSURANCE

This case involves a lien claimant, Labs for Physicians & Surgeons, seeking reconsideration of their lien's dismissal by operation of law. The claimant argued their filings were timely. However, the claimant and defendant later reached a stipulation to resolve the lien. The Appeals Board granted the claimant's request to withdraw their petition for reconsideration. The matter is now remanded to the trial level for review and action on the parties' stipulation.

Labor Code section 4903.05(c)Petition for ReconsiderationDismissal of lien by operation of lawNotice and Request for Allowance of LienSupplemental Lien FormSection 4903.05(c) Declarationfiling deadlineStipulationWCJAppeals Board
References
0
Case No. ADJ1744141
Regular
Nov 10, 2010

YANTI SHARIFF vs. RITE AID CORPORATION, TRAVELERS INDEMNITY COMPANY OF ILLINOIS

The defendant, Rite Aid Corporation, sought reconsideration of a Stipulation and Order requiring them to pay two lien claimants, Sanjiv Jain, M.D. and Advanced Radiology. Rite Aid argued these stipulations were entered into in error, claiming Dr. Jain's lien was previously dismissed and Advanced Radiology's lien was settled. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for reconsideration because it was unverified. However, the WCAB noted Rite Aid can still file a Declaration of Readiness for a hearing to address good cause for setting aside the stipulations.

Petition for ReconsiderationDismissing PetitionStipulation and OrderLien ClaimantUnverified PleadingVacate Lien OrdersAdministrative Law JudgeLien DismissedLien SettledDeclaration of Readiness
References
1
Case No. STK 0204017
Regular
Feb 25, 2008

CHRISTINE BROOME vs. MEADOWS CAMERA/WOLF CAMERA, INC., SENTRY INSURANCE

The Workers' Compensation Appeals Board dismissed Christine Broome's petition for reconsideration because she withdrew it through stipulations. The Board will return the remaining stipulations to the Workers' Compensation Judge for further action. This order officially dismisses the petition filed after the December 19, 2007 decision.

Petition for ReconsiderationWithdrawn PetitionDismissed PetitionWCABStipulationsWCJApplicantDefendantSentry InsuranceMeadows Camera
References
0
Case No. SDO 0336567
Regular
Dec 26, 2007

MARIA GUTIERREZ vs. MARRIOTT INTERNATIONAL, INC.

The Workers' Compensation Appeals Board dismissed Marriott International, Inc.'s petition for reconsideration of an award based on stipulations. The dismissal was primarily due to the petition's lack of mandatory verification as required by statute. Furthermore, the Board found no good cause to set aside the parties' stipulations, which served as evidence that obviated the need for further proof.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulationsIndustrial InjuryBilateral Upper ExtremitiesNeck InjuryPBX OperatorTemporary Total DisabilityPermanent DisabilityEmployment Development Department (EDD)
References
3
Case No. MISSING
Regular Panel Decision

McNally v. Workers' Compensation Board

The petitioner appealed an order dismissing his petition for nunc pro tunc approval of a personal injury settlement. The Supreme Court initially dismissed the petition due to an inability to determine if the respondent Uninsured Employers Fund was prejudiced by the settlement or if the settlement terms were reasonable, citing insufficient information about the other defendant's insurance coverage or assets. The appellate court unanimously reversed this order, reinstated the petition, and remitted the matter to Supreme Court for further proceedings, including a hearing if necessary, to assess the reasonableness of the settlement terms. Additionally, the appellate court granted the petitioner leave to amend the petition to request vacatur of the stipulation of discontinuance in the underlying action and granted that request, thereby vacating the stipulation.

Appellate LawCivil ProcedurePersonal InjurySettlement ApprovalNunc Pro TuncStipulation of DiscontinuanceVacaturRemandUninsured Employers FundPrejudice
References
5
Case No. ADJ7790908
Regular
May 21, 2015

ZHENNI LIANG vs. Q LOGIC CORPORATION, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board dismissed a petition for reconsideration filed by Nogales Psychological Counseling, Inc. due to its "skeletal" nature and failure to comply with procedural rules. The petitioner had stipulated to withdraw its lien claim at a hearing but later claimed a calendaring error caused their absence. The Board found the petitioner was not aggrieved by the dismissal order and had shown no good cause to be relieved from its stipulation. Furthermore, the Board admonished petitioner's counsel for improper filing format and misrepresentation of facts.

Nogales Psychological CounselingPetition for ReconsiderationStipulation and Order to Dismiss Lien ClaimSkeletal PetitionCalendaring ErrorReport and RecommendationLabor Code section 5902WCAB Rule 10846Aggrieved PartyStipulation to Withdraw Lien
References
1
Case No. ADJ1948258 (ANA 0389059)
Regular
Jan 22, 2014

FLORICA DANESCU vs. HIGH ENERGY SPORTS, INC., STATE COMPENSATION INSURANCE FUND

This case involves a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The primary reason for dismissal was the petition's untimeliness, stemming from personal service of the Stipulation and Order. Additionally, the WCAB dismissed the petition because the petitioner's representative, MJR Management Services, Inc., and Leonard Pina, failed to comply with WCAB Rule 10774.5(a) regarding Notice of Representation. Future non-compliance with this rule may lead to sanctions.

Petition for ReconsiderationDismissalUntimelyPersonal ServiceStipulation and OrderNotice of RepresentationWCAB Rule 10774.5Lien ClaimantHearing RepresentativeSB 863
References
0
Case No. ADJ8938458
Regular
Jun 16, 2014

JUAN SOLANO RAMIREZ vs. ELAINE BELL CATERING, CYPRESS INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved a Petition for Reconsideration filed by former attorney Kenneth Martinson concerning a dismissed claim. Martinson argued the claim was dismissed before he could pursue his lien for fees. However, Martinson subsequently withdrew his Petition for Reconsideration and also requested the dismissal of his lien. Consequently, the Board dismissed the Petition for Reconsideration as withdrawn and dismissed Martinson's lien by operation of law.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien DismissalLabor Code Section 5710Appeals Board Rule 10770(g)Appeals Board Rule 10770(h)Dismissal of ClaimLien ClaimantWithdrawal of PetitionAttorney Fees
References
0
Case No. ADJ12181335
Regular
Sep 20, 2019

WENDY AINSWORTH vs. DAY BRIDGE CAPITAL PARTNERS LLC, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The applicant seeks reconsideration of a Workers' Compensation Appeals Board (WCAB) award approving stipulations for a foot injury. The applicant claims the award was issued without her attorney's knowledge and that she misunderstood the stipulations. The WCAB dismissed the petition for reconsideration as premature because crucial facts regarding the applicant's understanding and legal representation remain unaddressed. The case is returned to the trial level for a hearing to establish a proper record before a decision on setting aside the stipulations can be made.

Petition for ReconsiderationStipulations with Request for AwardDismissalPrematureDefective ServiceVerificationGood CauseSet Aside StipulationsDue ProcessFair Hearing
References
14
Case No. ADJ6835156
Regular
Apr 13, 2018

ANA RIVERA vs. PHARMAVITE, LLC, LIBERTY MUTUAL INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns a defendant's petition for reconsideration of a stipulation approving a lien payment. The defendant claimed the stipulation was invalid because the lien was subject to a stay under Labor Code § 4615, which they were unaware of at the time. The Board dismissed the petition, ruling that the defendant should have first presented this issue, including evidence regarding the stay, to the Workers' Compensation Judge (WCJ). The defendant is now directed to seek a hearing before the WCJ to determine the applicability of the stay and the validity of the stipulation.

Workers' Compensation Appeals BoardPetition for ReconsiderationStipulation and Order to Pay Lien ClaimantLien ClaimantLabor Code Section 4615Automatic StayCriminal ChargesFraudWCJTrial Level
References
0
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