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

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. ADJ332528 (AHM 0104042)
Regular
Mar 22, 2011

ERNEST DANIELS vs. PIEDMONT ENGINEERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board imposed a $250.00 sanction against the State Compensation Insurance Fund and its attorney, Maria Frias Callejas. This sanction was issued due to their failure to respond to a Notice of Intention to Impose Sanctions and their violation of the Board's Rules of Practice and Procedure. No timely objection demonstrating good cause was filed. Consequently, they are jointly and severally liable for the payment of the sanction to the Appeals Board.

Workers' Compensation Appeals BoardSanctionsState Compensation Insurance FundMaria Frias CallejasRules of Practice and ProcedureNotice of IntentionGood CauseTimely ResponseJoint and Several LiabilityAttorney for Defendant
References
Case No. ADJ8423237
Regular
Nov 09, 2016

RUBEN SALINAS vs. MAGALY CORPORATION, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board denied reconsideration, affirming that the lien claimant received due process despite the absence of a formal Notice of Intention to Impose Sanctions. The Board found that the lien claimant had multiple opportunities to respond to the defendant's detailed petitions for sanctions and costs, including a hearing and subsequent amended filings. Therefore, the lien claimant had adequate notice and the opportunity to be heard, satisfying due process requirements.

WCABPetition for Reconsideration DeniedLien ClaimantDue ProcessNotice and Opportunity to be HeardPetition for SanctionsLabor Code § 5813WCJ Report AdoptedSanctions IssueAmended Petition for Sanctions
References
Case No. ADJ3942275 (LAO 0879499) ADJ4411298 (LAO 0879500)
Regular
Jul 12, 2012

JESUS RODRIGO GUZMAN vs. CHAMPION ARROWHEAD BRASS PRODUCTS, ZENITH INSURANCE COMPANY

This case involves sanctions imposed against Erika Campos and Fred F. Hafezi, M.D., for bad faith actions and tactics. They are jointly and severally sanctioned $1,000.00 payable to the Workers' Compensation Appeals Board. Sanctionable conduct included a misdated proof of service and misstatements of fact in a petition, as detailed in the WCJ's report. Neither Campos nor Hafezi responded to the Board's notice of intent to sanction.

SanctionsLabor Code section 5813Opinion and Decision After RemovalMisstatements of factBad faith actionsWorkers' Compensation Appeals BoardWCJProof of servicePetition for ReconsiderationNotice of Intention to Issue Sanctions
References
Case No. ADJ1839916 (LBO 0396758)
Regular
Apr 19, 2016

JORGE LOPEZ vs. FASHION AVENUE INC., dba INTERNATIONAL GRAPHICS; FIRST COMP OMAHA, MARKEL INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to Ramirez & Associates regarding sanctions imposed by an administrative law judge. While affirming the jurisdiction to sanction Ramirez & Associates, the Board reduced the awarded costs from $1,376.00 to $1,152.00 due to excessive attorney time billed for travel and appearance at a lien conference. The Board rescinded the original order and substituted it with a new one imposing $1,000.00 in sanctions and the reduced costs.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsNotice of Intention to Impose SanctionsGood CauseJurisdictionDue Process ViolationExcessive SanctionsAttorney FeesCosts
References
Case No. ADJ441378
Regular
Nov 16, 2011

MARY JANE RHODES vs. THE STANLEY WORKS FASTENING PERMISSIBLY SELF-INSURED AND ADJUSTED BY CONSTITUTION STATE SERVICES

The applicant, Mary Jane Rhodes, was previously sanctioned for repeatedly filing petitions raising the same issues, leading to a stay of sanctions conditioned on her refraining from further similar filings. Despite this, she filed another petition on April 15, 2011, causing the stay to be lifted and sanctions of $500.00 to be imposed. The Board now accepts a $50.00 payment towards these sanctions and grants a new stay, warning that further identical filings will result in the remaining sanctions being enforced and potential vexatious litigant status.

Workers' Compensation Appeals BoardSanctionsLabor Code section 5813Appeals Board Rule 10561Petitions for reconsiderationStay of sanctionsVexatious litigantAppeals Board Rule 10782Findings and OrderCompromise and Release
References
Case No. ADJ6894498, ADJ6896838
Regular
Jun 26, 2012

Mark Fields vs. CITY OF CATHEDRAL CITY

The WCAB granted reconsideration of the applicant's unverified petition, as failure to verify is not jurisdictional but subject to dismissal discretion. Despite notice, the applicant's attorney failed to cure the verification defect, leading to a notice of intention to sanction the attorney. The Board will now determine sanctions and address the merits of the underlying workers' compensation claims.

Unverified PetitionLabor Code Section 5902WCJ ReportDiscretionary DismissalSanction NoticeBad-Faith ConductFrivolous TacticWillful FailureDue ProcessPaper Record
References
Case No. ADJ7288448, ADJ7345282
Regular
Oct 18, 2011

DERVIS ESPINAL vs. BARRETT BUSINESS SERVICES, BARRETT BUSINESS SERVICES/BBSI

The Workers' Compensation Appeals Board (WCAB) initiated sanctions against attorneys Roy J. Park and Black and Rose LLP, jointly and severally, for $500.00. This action was taken for failure to demonstrate good cause following a notice of intention to impose sanctions. No timely objection was filed by the attorneys. The WCAB accepted the payment of $500.00 received from Black and Rose LLP as full satisfaction of the imposed sanctions.

WORKERS' COMPENSATION APPEALS BOARDremovalsanctionsLabor Code section 5813Appeals Board Rule 10561jointly and severallygood causetimely objectionDecision After RemovalGeneral Fund
References
Case No. ADJ1529826
Regular
Jun 23, 2015

MARY COSS vs. CENTURY 21, NATIONAL LIABILITY & FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) sanctioned lien claimant Psychological Assessment Services and its representative, Craig Bautzer, for $2,500.00 and ordered them to pay $915.00 in attorney's fees to defendant. This decision followed the untimely filing of the lien claimant's petition for reconsideration and objection to sanctions. The WCAB found a pattern of bad faith actions, frivolous filings, and unnecessary delay, warranting the sanctions and fees.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationSanctionsAttorney's FeesUntimely FilingBad Faith ActionsWCJ OrderDismissal of LiensPetition for Sanctions
References
Case No. ADJ2965749 (LAO 0846150) ADJ626279 (LAO 0846151)
Regular
Sep 20, 2010

SOFIA SAINZ vs. CUSTOM FOOD PRODUCTS, STATE COMPENSATION INSURANCE FUND

This case concerns sanctions imposed on lien claimant Oak Anesthesia Associates for failing to properly file a Declaration of Readiness to Proceed and for not responding to an Order to Show Cause. The WCJ initially sanctioned the lien claimant $1,000.00 for these violations, specifically the failure to include a required verification and causing an unnecessary hearing. The Appeals Board granted reconsideration, finding the imposition of sanctions justified. Ultimately, the Board amended the sanction amount to $250.00, affirming that sanctions were warranted for the lien claimant's procedural non-compliance.

Lien ClaimantPetition for ReconsiderationJoint Order to Pay SanctionsDeclaration of Readiness to ProceedBoard Rule 10770.6VerificationSanctionsLabor Code Section 5813Case-in-ChiefWCJ's Report
References
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