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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. 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. ADJ4602378 (POM 0300098), ADJ3708085 (POM 0300213), ADJ7098978
Regular
Dec 20, 2016

LISA PENILLA vs. STARBUCKS COFFEE CO.; GALLAGHER BASSETT

In *Lisa Penilla v. Starbucks Coffee Co.*, the Workers' Compensation Appeals Board denied the applicant's Petition for Removal. The Board affirmed the administrative law judge's report, finding no substantial prejudice or irreparable harm would result from denial. Removal is an extraordinary remedy granted only when reconsideration would not be an adequate remedy. The applicant failed to meet this high burden, and rulings made during the MSC can be addressed by the trial judge.

Petition for RemovalAppeals BoardWorkers' Compensation Administrative Law JudgeWCJSubstantial PrejudiceIrreparable HarmReconsiderationExtraordinary RemedyMSC JudgeTrial Judge
References
Case No. ADJ383777
Regular
Apr 04, 2011

Roxanna Ortiz vs. ONE SOURCE, ESIS

The Workers' Compensation Appeals Board denied Roxanna Ortiz's petition for reconsideration of a prior findings and order. The initial ruling determined she sustained industrial injury only to her cervical spine as a janitor, not to other body parts or any resulting temporary/permanent disability or need for further medical treatment. Ortiz argued the judge erred by favoring defense medical reports and discrediting her testimony due to minor inconsistencies in her injury description. The Board adopted the WCJ's report, emphasizing deference to credibility determinations and that admissibility of medical reports should have been challenged at trial, not on reconsideration. A dissenting opinion argued the judge overemphasized minor variations in Ortiz's account and that medical evidence did not sufficiently support denial of other injuries or further treatment.

OrtizOne SourceESISWCABFindings and OrderPetition for ReconsiderationWorkers' Compensation Administrative Law Judgeindustrial injurycervical spineright arm
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. ADJ849256 (FRE 0233550)
Regular
Nov 24, 2008

JOHNNY W. NELUM vs. CITY OF FRESNO, Permissibly SelfInsured, as administered by AMERICAN ALL RISK LOSS ADMINISTRATORS

The Workers' Compensation Appeals Board granted the defendant's petition for removal, rescinding an order to change venue from Fresno to Bakersfield. While the Board found no good cause for the venue change based on convenience and prior trial proceedings, it acknowledged the Presiding Judge's concerns about the appearance of bias in Fresno. Therefore, the Board ordered a judge from outside the Fresno district to preside over the trial to ensure impartiality.

RemovalChange of VenueLabor Code section 5501.6Presiding Workers' Compensation Administrative Law JudgePWCJFair TrialIndustrial InjuryPsycheVenueGood Cause
References
Case No. ADJ441028, ADJ1016830, ADJ8012703
Regular
Aug 11, 2015

STANLEY THOMAS vs. L3 COMMUNICATIONS, ACE USA PROPERTY & CASUALTY, ESIS, INC.

Defendant sought removal of an order setting two consolidated cases (ADJ1016830 and ADJ8012703) for trial before a different judge, arguing applicant waived the right to automatic reassignment by not challenging the original judge in a previously adjudicated case (ADJ441028). The WCAB dismissed the petition as to the adjudicated case, finding it not consolidated with the others. Regarding the consolidated cases, the Board denied the petition, affirming applicant's timely exercise of the right to automatic reassignment. The WCAB adopted the WCJ's reasoning that no grounds for removal were established, as the applicant had a right to reassignment and the defendants suffered no prejudice.

Petition for RemovalWCAB Rule 10453Automatic ReassignmentWCJ ChallengeConsolidated CasesJudge ShoppingVenue TransferAdministrative Law JudgePresiding JudgeMinutes of Hearing
References
Case No. ADJ441097 (MON 0347404)
Regular
Sep 07, 2017

ROBERT ESQUERRA vs. EAGLE IRON CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted Max MRI Imaging's petition for reconsideration, rescinding the prior finding of no liability for the lien. The original decision was based on an issue (RFA form) not properly identified for trial by the parties. The case is returned to the trial level to address the central dispute: whether services provided outside the defendant's Medical Provider Network (MPN) at a non-designated physician's request are compensable despite defendant's objections. The Administrative Law Judge must issue new findings on this specific issue and Max MRI's other contentions.

Workers' Compensation Appeals BoardLien claimantPetition for ReconsiderationMedical Provider NetworkPrimary treating physicianWritten objectionsRequest for authorizationFindings and AwardDecision After ReconsiderationAdministrative law judge
References
Case No. ADJ8531829
Regular
Apr 18, 2013

PAUL DHAMI vs. ACE HARDWARE, DISCOVER RE, adjusted by GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied a Petition for Removal filed by the petitioner. The Board found no irreparable harm to the petitioner, noting that the parties were engaged in ongoing discussions regarding settlement and the selection of an Agreed Medical Examiner. The decision adopted the reasoning of the administrative law judge's report recommending denial. The Board also advised the applicant's attorney to review rules regarding the format and content of answers.

Petition for RemovalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport of JudgeIrreparable HarmAME DialogueClose DiscoverySet for TrialDue ProcessExpedited Trial
References
Case No. ADJ7106903
Regular
Sep 15, 2015

DAVID CONNOR vs. RESTAURANTS TO YOU/CAFÉ RUNNER, STATE COMPENSATION INSURANCE FUND

This order transfers venue for Case No. ADJ7106903, involving David Connor and Restaurants To You/Café Runner, from the San Luis Obispo District Office to the Santa Barbara Satellite Office. The transfer is necessitated by both parties exercising their challenges under Appeals Board Rule 10453, leaving no available judges in San Luis Obispo. The Presiding Judge in Santa Barbara will schedule the matter for trial upon receipt.

Venue transferAppeals Board rule 10453Challenge of judgePresiding Workers' Compensation JudgeSanta Barbara Satellite OfficeSan Luis Obispo District OfficeSetting for trialWorkers' Compensation Appeals BoardRestaurants to YouCafe Runner
References
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