August 2008

Dell Mcclain, vs. Wal-mart Stores, Inc.; American Home Assurance Insurance Company,

(VNO 0541242) is a case in which Dell McClain, an applicant, sought reconsideration of the July 2, 2009 Findings and Order, wherein the workers’ compensation administrative law judge (WCJ) found that applicant, while employed as a Department Manager, did not sustain industrial injury, and he ordered her to take nothing. The WCJ’s decision was that applicant did not sustain her burden of proving she sustained an industrial injury, and the Appeals Board agreed with the WCJ’s decision. The Petition for Reconsideration was denied.

Efrain Canseco vs. Excel Paving Company; Cambridge Integrated Services

This case involves a dispute between Efrain Canseco, the applicant, and Excel Paving Company and Cambridge Integrated Services, the defendant. The defendant sought reconsideration or removal of an order issued by the workers’ compensation administrative law judge (WCJ) to take the matter off calendar. The WCJ found that further development of the record, through continuing discovery, was required and a continuance was authorized. The Appeals Board dismissed the defendant’s Petition for Reconsideration and denied the Petition for Removal, finding that the order was procedural in nature and did not present extraordinary circumstances justifying removal.