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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. ADJ3810369
Regular
Apr 08, 2009

NANCY PHILLIPS vs. SAN JACINTO UNIFIED SCHOOL DISTRICT, ACE/USA, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board denied Nancy Phillips' petition for reconsideration of an administrative law judge's award of $7,500 in attorney's fees to her former counsel, Jeffrey S. Segal. Phillips argued her prior counsel was only worth $1,500 and that she secured a better settlement on her own. The Board found Segal's $7,500 fee justified, considering the case's complexity, the significant responsibility he assumed, and the settlement he generated prior to being substituted out. Therefore, the Board upheld the original award, denying Phillips' request for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardCompromise and ReleaseAttorney's FeesLien ClaimAdministrative Law JudgeIndustrial InjuryBack InjuryPsyche Injury
References
Case No. ADJ3113473
Regular
Sep 29, 2014

PAMELA JACKSON vs. WEST COAST SIGNS, GRANITE STATE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior sanctions order, and issued a new order imposing reduced sanctions of $500 against a lien claimant and its representative. The claimant's representative mistakenly believed the applicant's case was resolved based on an outdated EAMS entry, leading to the premature filing of a Declaration of Readiness and subsequent failure to appear at a lien conference. While acknowledging the filing and non-appearance errors, the Board reduced the sanctions from $1,500 to $500, citing the claimant's "honest mistake" in interpreting the EAMS record. The matter was returned to the trial level for further proceedings.

Declaration of ReadinessElectronic Adjudication Management Systemlien claimantSanctions OrderPetition for ReconsiderationWorkers' Compensation Appeals Boardcase in chiefStipulations with Request for AwardPetition to Reopenpermanent disability
References
Case No. ADJ7518237; ADJ7518238
Regular
Nov 28, 2011

MARCELA ACOSTA vs. FLOYD'S 99 BARBERSHOP, STAR INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY, TOWER SELECT INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal in this case and issued a notice of intent to sanction attorney Daniel V. Anaya $500.00 for unspecified reasons. No objection was filed by Anaya, and the $500.00 sanction was subsequently paid. The WCAB confirms the sanction and acknowledges the payment has been transmitted to the General Fund.

RemovalSanctionsWorkers' Compensation Appeals BoardDaniel V. AnayaFloyd's 99 BarbershopStar Insurance CompanyTower Select Insurance CompanyIllinois Midwest Insurance CompanyGeneral FundBradford & Barthel
References
Case No. ADJ3413739 (SAL 0120295)
Regular
Nov 26, 2013

YOLANDA OSUNA vs. MARRIOTT HOTEL, ARCHIE MAYS, M.D., RUBY LEYNES, M.D., SCOTT ROSENZWEIG, M.D., EDWARD KOMBERG, D.C.; INNOVATIVE MEDICAL MANAGEMENT and LOUIS HEARD

This case involves a sanction against Innovative Medical Management and Louis Heard for reasons outlined in a prior Notice of Intention. The Appeals Board received a $2,500 payment from them, which they deemed an acknowledgment of the undisputed reasons for the proposed sanction. Consequently, the Board ordered a $2,500 sanction, crediting the payment already made, thus settling the matter.

Workers' Compensation Appeals BoardRemovalSanctionNotice of Intention to Impose SanctionHearing RepresentativesInnovative Medical ManagementLouis HeardMedical ManagementAppeals BoardOpinion and Decision
References
Case No. ADJ226848 (AHM 0106960)
Regular
Oct 09, 2017

EDUARDO ESQUEDO vs. PREFERRED PERSONNEL SERVICE, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES

The Appeals Board reviewed the WCJ's decision to sanction a lien claimant for bad faith tactics. The claimant had inadvertently filed a lien for services on an incorrect date and continued to pursue reimbursement after notice of the error. While acknowledging the initial mistake might have been excusable, the Board upheld the finding of sanctionable conduct. However, the Board exercised its discretion to reduce the sanction amount from $\$ 1,500.00$ to $\$ 500.00$.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantSanctionsBad Faith TacticsFrivolous PetitionDelayInterpreting ServicesInadvertent FilingMandatory Settlement Conference
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. ADJ7917765
Regular
Mar 16, 2018

ANA MARIA GRAJEDA vs. TRISTAR STAFFING, Dba QUALITY STAFFING SERVICES, LUMBERMEN'S UNDERWRITING ALLIANCE

The Workers' Compensation Appeals Board denied reconsideration of a $500 lien settlement. The lien claimant sought to overturn the stipulation, alleging due process violations and entitlement to reimbursement for self-procured medical care. The Board found no good cause to set aside the stipulation, as petitioner was represented and failed to demonstrate mistake, inadvertence, or new evidence. Therefore, the stipulation and order approving the $500 payment remain in effect.

Workers' Compensation Appeals BoardAna Maria GrajedaTristar StaffingLumbermen's Underwriting AllianceOptimal Health InstituteJie Ci DingStipulation and OrderCompromise And Releaseindustrial injuryback injury
References
Case No. ADJ1327831 (OAK 0340713)
Regular
Dec 12, 2008

RACHEL SUCHAN vs. SKYWEST AIRLINES

The Court of Appeal remanded this case to the Workers' Compensation Appeals Board (WCAB) to award attorney's fees for responding to the defendant's Petition for Writ of Review. Applicant's counsel requested $8,000 based on 16 hours at $500/hour, but the WCAB found the issues to be of less than average complexity. The WCAB awarded $2,500 in appellate attorney's fees, considering the attorney's experience, the simplicity of the legal arguments, and the lack of specialist certification.

Attorneys' feesPetition for Writ of ReviewLabor Code § 5801Court of AppealThird Appellate DistrictSupplemental awardContingency fee lawyerCertified workers' compensation specialistAppellate attorney's feesReasonableness of fees
References
Case No. ADJ10455998
Regular
Aug 28, 2017

MAURICIO SANCHEZ vs. BOYZ IN THE KITCHEN, EMPLOYERS ASSURANCE

The Workers' Compensation Appeals Board granted reconsideration and reduced sanctions against applicant's attorneys from $2,500 to $500. The initial sanctions were for allegedly misleading the WCJ about objecting to a dismissal notice, but the Board found no deliberate intent to deceive. However, the Board determined that internal miscommunication and inadequate supervision led to a misrepresentation and inefficient use of resources. The Board emphasized the need for better internal communication and adherence to procedures to avoid future sanctions.

Petition for ReconsiderationOrder Re: SanctionsNotice of Intent to DismissApplicant's Failure to AppearMisleading the CourtHearing RepresentativeInternal MiscommunicationsLabor Code Section 5813Bad-Faith ActionsWCAB Rule 10561
References
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