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

Case No. ADJ3863284 (OXN 0147713)
Regular
May 13, 2013

ISAIAS ORTIZ vs. WATERWAY PLASTICS, SAFETY NATIONAL INSURANCE

This case involves two lien claimants whose liens were dismissed for failing to pay an activation fee prior to trial. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, finding that Labor Code section 4903.06 only requires proof of payment of the fee at a "lien conference," not a subsequent trial. Because the lien conference occurred in 2012 and the trial in 2013, the lien claimants were not required to pay the fee prior to trial. The WCAB rescinded the dismissal orders and returned the matter for further proceedings.

Lien activation feeWCABPetition for ReconsiderationLien ConferenceLien TrialLabor Code section 4903.06Declaration of Readiness to ProceedDismissal with prejudiceRescind OrderReturn to trial 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 The Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level, also noting the unresolved request for counsel to withdraw.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. ADJ9436553
Regular
Nov 03, 2014

ANA MARIA PENA, vs. SHREE AGASHIMATA INC.; dba BUDGET INN MOTEL; ILLINOIS MIDWEST INSURANCE AGENCY,

Defendant petitioned for removal after the WCJ took the case off calendar, citing the need for a Qualified Medical Evaluator. Defendant argued that a post-termination defense did not require medical evidence and the case should proceed to trial. The Appeals Board granted removal, rescinded the WCJ's order, and returned the case to the trial level. This was done because the WCJ had not yet judicially determined good cause to bifurcate the post-termination defense issue, which is a prerequisite to deciding if a QME is necessary.

Petition for Removalpost-termination defenseLab. Code § 3600(a)(10)discoveryexpert medical evidencetrialWCJoff calendarQMEbifurcate
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ803080 (LBO 0386412)
Regular
Mar 16, 2009

ANDRES SANCHEZ JUARES (Dec'd.), EVER REYES CARILLO (App.) vs. FANG CLOTHING, INC., INSURANCE COMPANY OF THE WEST GROUP/EXPLORER

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration from an insurer but granted removal of the case. The WCAB found that the administrative law judge (ALJ) improperly scheduled a trial conference when a status conference was requested to address discovery issues. This procedural error would cause prejudice and irreparable harm by forcing parties to trial prematurely without adequate discovery or settlement opportunity. Consequently, the WCAB rescinded the ALJ's order and returned the case for further proceedings.

Workers' Compensation Appeals BoardReconsiderationRemovalStatus ConferenceMandatory Settlement ConferenceLabor Code Section 5502Declaration of ReadinessPre-trial Conference StatementDiscovery IssuesStipulations
References
Case No. ADJ2036926 (FRE 0233858) ADJ1097945 (FRE 0233859)
Regular
Sep 16, 2010

LINDLA PINI vs. COUNTY OF FRESNO, YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding the judge's order to take the cases off calendar. The judge had determined further medical evidence was needed before trial, but the Board found this premature, as no evidence had yet been admitted. The Board stated that the necessity of augmenting the medical record can only be established after trial or submission for decision, not beforehand. The cases were returned to the trial level to be set for trial, with the judge retaining the power to supplement the record if necessary post-trial.

removalrescinded orderoff calendarmedical record developmentAlmaraz/Guzmansubstantial medical evidencesupplemental reportAME depotrial exhibitsmandatory settlement conference
References
Case No. ADJ8162003
Regular
Dec 17, 2014

MARIA GUIZAR vs. CROWN PLAZA HOTEL, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, ULLICO CASUALTY COMPANY, PATRIOT RISK SERVICES

Defendant sought removal, arguing a trial date was set prematurely before a mandatory settlement conference. The Board reviewed the case and found the petition moot because the parties appeared for trial on the scheduled date and jointly requested the case be taken off calendar. The trial judge also effectively nullified the prior order the defendant objected to. Therefore, the Petition for Removal was dismissed as the issues raised were resolved.

Petition for RemovalMandatory Settlement ConferenceOrder Vacating JoinderWCJWorkers' Compensation Appeals BoardMootStatus ConferenceTrial DateDiscoveryStipulations
References
Case No. ADJ2228296 (SAC 0351933), ADJ2470753 (SAC 0351934), ADJ8272258, ADJ8272266
Regular
Aug 12, 2013

JAMES PATTEN vs. COUNTY OF SACRAMENTO

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal concerning orders closing discovery and setting cases for trial. The Board adopted the WCJ's report, finding the defendant failed to demonstrate the necessary prejudice or irreparable harm for removal. The defendant's alternative request for reconsideration was also denied as the orders were not final and therefore not subject to reconsideration. The case is returned to the trial level for a new trial date.

Petition for RemovalLabor Code section 5310closing discoverysetting for trialsignificant prejudiceirreparable harmreconsiderationfinal ordersWCAB Rule 10859trial level
References
Case No. ADJ4550848 (VNO 0550810) ADJ6977793
Regular
Oct 22, 2013

KIM WILLIS vs. PALMDALE SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied Palmdale School District's Petition for Removal, which sought to rescind a trial setting order pending a QME's supplemental report. The Board found that removal is an extraordinary remedy and the defendant failed to demonstrate substantial prejudice or irreparable harm, as reconsideration would be an adequate remedy. The Board noted the trial had already been taken off calendar and anticipated the report would be received before the rescheduled trial. The case was returned to the trial level for further proceedings.

Petition for RemovalPanel Qualified Medical EvaluatorSupplemental ReportWCJTrial DateReconsiderationExtraordinary RemedySubstantial PrejudiceIrreparable HarmAdverse Order
References
Case No. ADJ8565377; ADJ8565379 ADJ8550223
Regular
May 25, 2016

MELANI LOPEZ vs. EMPIRE TRANSPORTATION, INC., NATIONAL INTERSTATE INSURANCE

In this workers' compensation case, the defendant sought removal of a trial setting order due to the applicant's defective Declaration of Readiness to Proceed. The defendant argued the DOR failed to detail good faith dispute resolution efforts and improperly claimed all discovery was complete while raising discovery as an issue. The Appeals Board granted removal to limit the trial scope. Consequently, the trial is now exclusively focused on whether the applicant sustained a work-related injury, deferring all other issues.

Petition for RemovalDeclaration of Readiness to Proceed (DOR)defective DORgood faith effortsdiscoveryscope of trialinjury arising out of and occurring in the course of employmentdeferred issuestrial levelWCJ Report and Recommendation
References
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