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

Case No. ADJ7621915
Regular
Jun 12, 2014

MIRIAN OCHOA vs. SODEXHO, INC.

The Workers' Compensation Appeals Board (WCAB) denied Sodexho, Inc.'s Petition for Removal in the case of Mirian Ochoa. The WCAB adopted the administrative law judge's report and found that the petitioner may have materially misrepresented the record. The Board noted that the judge may investigate sanctions for this potential violation of WCAB Rule 10561(b)(5)(A). Consequently, the Petition for Removal was denied.

Petition for RemovalWCAB Rule 10561(b)(5)(A)Materially misrepresentedSanctionsWorkers' Compensation Administrative Law JudgeDeny removalReport of the workers' compensation administrative law judgeADJ7621915SODEXHOINC.
References
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Case No. ADJ3602867
Regular
Nov 27, 2012

MANUEL CAMPOS vs. TRICON GROUP, TIG SPECIALTY INSURANCE CO., RISK MANAGEMENT ENTERPRISES, LTD, SEDGWICK CMS, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, LIBERTY MUTUAL, GOLDEN EAGLE INSURANCE CO.

The Workers' Compensation Appeals Board denied TIG Specialty Insurance Company's petition for reconsideration. The Board also initiated removal to impose a $500 sanction against Kate Zarutsky and the Law Offices of Shaw, Jacobsmeyer, Crain and Claffey. This sanction, payable to the General Fund, was based on Labor Code section 5813 and Appeals Board Rule 10561. The sanctions were paid in full without objection, and the Board's decision confirms this payment.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardRemovalNotice of Intention to Order Payment of SanctionsLabor Code Section 5813Appeals Board Rule 10561Sanctions PaidDecision After RemovalGeneral Fund
References
0
Case No. ADJ9740236
Regular
Nov 13, 2015

BENNY NATHAN vs. STAR VIEW COMMUNITY SERVICES, ESIS

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order of sanctions against applicant's attorney. The attorney was sanctioned $1,350 for failing to appear at a Mandatory Settlement Conference and subsequently causing trial delays. The Board found the sanctions were improperly issued without proper notice and an opportunity to be heard, violating due process under WCAB Rule 10561. The matter is returned to the trial level for further proceedings and a new decision regarding sanctions.

Workers' Compensation Appeals BoardLabor Code Section 5813Sanctions OrderDue ProcessNotice and Opportunity to Be HeardWCAB Rule 10561Petition for ReconsiderationRescind OrderReturn to Trial LevelDeclaration of Readiness to Proceed
References
0
Case No. ADJ4163196
Regular
Jan 07, 2010

ARTURO SANTIAGO vs. AYALA CONSTRUCTION, CLARENDON NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's order that denied a lien claimant's claim and ordered them to pay the defendant's attorney fees. The Appeals Board found the WCJ erred by not following the required procedural steps for awarding attorney fees under Labor Code section 5813 and Rule 10561, specifically the lack of a written application and sufficient findings. While affirming the denial of the lien claim, the Appeals Board amended the order to strike the award of attorney fees against the lien claimant.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings of Fact and OrderWCJAttorney's FeesLabor Code Section 5813Bad-faith ActionsFrivolous TacticsUnnecessary Delay
References
0
Case No. ADJ6502736
Regular
Nov 21, 2011

JUAN BARCENAS vs. THE BEST MASTER ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND, New Age Imaging Copy Service

This order imposes a $500.00 sanction against lien claimant New Age Imaging Copy Service for filing a frivolous petition for reconsideration without justification. The Board previously provided notice of its intent to sanction and allowed an opportunity to object, which the lien claimant failed to do. The sanction is for violating Labor Code section 5813 and WCAB Rule 10561(b)(2) regarding frivolous filings. Payment is due within twenty days to the Workers' Compensation Appeals Board for transmittal to the General Fund.

Frivolous petitionSanctionLabor Code section 5813WCAB Rule 10561(b)(2)Lien claimantPetition for reconsiderationNotice of intentionGood causeOpinion and Order Dismissing Petition for ReconsiderationGranting Removal
References
0
Case No. ADJ1305490 (MON 0363100)
Regular
Jan 31, 2013

Gloria Jones vs. SEARS HOLDING CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves lien claimant Nogales Psychological Counseling's attempt to reconsider a Notice of Intent to Dismiss their lien for failure to appear at a scheduled trial. The Appeals Board vacated its prior grant of reconsideration and dismissed the lien claimant's petition. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions against the lien claimant and its attorney for filing a frivolous petition without reasonable justification. This conduct violated WCAB Rule 10561(b)(2), resulting in a waste of judicial resources.

Workers' Compensation Appeals BoardPetition for ReconsiderationNotice of Intent to Dismiss LienLien ClaimantWCJCompromise and ReleaseIndustrial InjuryReinstatement of LienRemovalSanctions
References
6
Case No. ADJ8988763 ADJ8988773
Regular
Mar 06, 2018

ROSA FLORES vs. WILLIAM KING HEALTH CARE GROUP, AMTRUST, TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration of a sanctions order against lien claimant VQ Healthcare and hearing representative Ana Montes Gluck. The WCJ had sanctioned them for failing to submit a trial brief and presenting insufficient evidence, violating Labor Code section 5813 and WCAB Rule 10561. The Board found that while sanctions were warranted for failing to meet their burden of proof, the initial amount was excessive. Consequently, the Board reduced the individual sanctions to $100 each and rescinded the awarded attorney fees, deeming them unwarranted.

WCABPetition for ReconsiderationOrder Imposing SanctionsLien ClaimantLabor Code Section 5813WCAB Rule 10561Trial BriefSubstantial EvidenceBad Faith ActionsFrivolous Tactics
References
4
Case No. ADJ8975085; ADJ8975086
Regular
May 12, 2017

AURELIO PEREZ vs. DEL RIO GOLF & COUNTRY CLUB, CARE WEST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior decision that sanctioned applicant's attorney $350.00 for violating Labor Code section 5813 and WCAB Rule 10561. The Board vacated the decision because the order did not specifically identify the sanctioned attorney, violating due process rights to notice and a fair hearing. The matter was returned to the trial level for further proceedings and a new decision. The Board also noted the WCJ did not address the defendant's contention regarding a violation of Labor Code section 4062.3.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code section 5813WCAB Rule 10561SanctionsDue ProcessNoticeOpportunity to be HeardFindings and OrderPetition for Removal
References
4
Case No. ADJ6821965, ADJ6822019
Regular
Dec 11, 2012

Tami Navon, Ira Reinherz, D.C. vs. Defendant

In this workers' compensation case, a Workers' Compensation Judge (WCJ) sanctioned a lien claimant and their representative $2,400 each for alleged misrepresentations during a trial regarding exhibit lists and participation in a prior hearing. The Appeals Board granted reconsideration because the WCJ failed to provide proper notice and an opportunity to be heard before imposing sanctions, as required by Board Rule 10561. While acknowledging potential sanctionable conduct by the lien claimant's representative, the Board rescinded the order due to the procedural defect. The matter was returned to the trial level for proper procedural adherence before any potential sanctions are reimposed.

WCABMPNLien ClaimsReconsiderationFindings and AwardEAMSLabor Code §5502Pre-Trial Conference StatementSanctionsLabor Code §5813
References
0
Case No. ADJ10020893
Regular
Aug 21, 2017

TZITZIRI BOLANOS ZACARIAS vs. MARZ FARMS, ZENITH INSURANCE COMPANY

This case involves Zenith Insurance Company's petition for reconsideration of a $250 sanction order. The sanction was imposed because Zenith and its attorneys failed to appear at a status conference due to an alleged calendaring error. Zenith argued this was an inadvertent mistake, not bad faith, and requested relief under WCAB Rule 10561. The Workers' Compensation Appeals Board denied reconsideration, adopting the judge's report that found no reasonable excuse for the failure to appear. One commissioner dissented, believing the sanctions were unjust given the isolated, inadvertent nature of the calendaring error and Zenith's prompt resolution of the underlying issue.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsStatus ConferenceNotice of Intention to SanctionReasonable ExcuseCalendaring ErrorWCAB Rule 10561Labor Code section 5813Bad Faith
References
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