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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. ADJ2089759 (FRE 0209611)
Regular
Nov 10, 2008

Alma Pena vs. HYE CUISINE, INC., FARMERS INSURANCE EXCHANGE

The Workers' Compensation Appeals Board granted reconsideration for lien claimant Summit Surgical Center (SSC) and rescinded the imposed $\$2,000.00$ sanction, finding SSC was not provided adequate notice of the basis for the sanction under Labor Code section 5813. However, the Board affirmed the decision that SSC's lien claim was untimely filed under Labor Code section 4903.5, as it was filed more than five years after the injury and nearly four years after the settlement approval, and the partial payment did not toll the statute of limitations. Therefore, SSC will take nothing further on its lien claim.

Workers' Compensation Appeals BoardLien claimantReconsiderationFindings and OrderLabor Code sections 4903.559045813California Code of Regulations title 8 section 10561Fees and costsSummit Surgical Center
References
Case No. ADJ1688300 (OAK 0321767)
Regular
Jul 27, 2015

DEBBIE PARR (Dec'd) vs. LA XPRESS ASSEMBLY AND DISTRIBUTION, STATE COMPENSATION INSURANCE FUND

This case concerns whether a deceased applicant's petitions for sanctions and attorney's fees under Labor Code section 5813 survive their death. The defendant argued these claims were barred by the statute of limitations (section 5405), which limits the time for collecting benefits. However, the Board affirmed the WCJ's decision, finding that sanctions under section 5813 are not "benefits" and therefore not subject to section 5405. Accordingly, the applicant's petitions for sanctions and attorney's fees do survive their death.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationFindings of FactWCJLabor Code section 5814PenaltiesLabor Code section 5813SanctionsAttorney's Fees
References
Case No. ADJ1167493 (FRE 0236363)
Regular
Dec 18, 2008

DANIEL BISHOP vs. KIEWIT PACIFIC COMPANY, AMERICAN HOME ASSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) affirmed that Daniel Bishop sustained an industrial injury to multiple body parts and was entitled to benefits. However, the WCAB reduced the $\$ 2,500$ sanction imposed on the defendant to $\$ 500$, finding that only the failure to provide medical records to a QME constituted a bad-faith discovery violation under Labor Code section 5813. The WCAB clarified that sanctions under section 5813 are for procedural litigation abuses, not direct benefit delays, and found no misconduct in the defense counsel's deposition questioning.

WCABReconsiderationSanctionsLabor Code Section 5813Bad Faith TacticsStipulated AwardDiscovery OrderWCAB Rule 10561Egregious ConductTemporary Total Disability (TTD)
References
Case No. ADJ6679249
Regular
Jun 08, 2010

GREG TOBER vs. GARVEY SCHOOL DISTRICT; PERMISSIBLY SELF-INSURED, ADMINISTERED BY YORK, FORMERLY SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) order imposing sanctions under Labor Code section 5813. The original order found the defendant's attorney liable for sanctions due to alleged bad-faith actions and unnecessary delay in responding to discovery requests. Upon review, the WCAB granted reconsideration, rescinded the original order, and denied both the applicant's petition for attorney's fees and the defendant's petition for sanctions. The WCAB determined that while there was a delay, the defendant's actions did not meet the legal threshold for bad faith, frivolousness, or intentional delay required by section 5813.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationLabor Code section 5813SanctionsWCJdiscovery issuebad faithfrivolousunnecessary delayPetition for Discovery Order
References
Case No. ADJ2896184 [VNO 0375765] ADJ2755011 [VNO 0375766]
Regular
Jan 20, 2008

DAVID RUFF vs. CITY OF LOS ANGELES; PRESIDIUM, INC.

The Appeals Board grants reconsideration, rescinds the WCJ's decision awarding attorney's fees, and finds no good cause for fees or sanctions under Labor Code section 5811 and 5813. Penalties are deferred.

Workers' Compensation Appeals BoardLabor Code § 5811Labor Code § 5813attorney's feessanctionsOrder Granting ReconsiderationWCJdue processevidentiary hearingmandatory settlement conference
References
Case No. ADJ2735858
Regular
Sep 12, 2008

KIMBERLY WILLIAMS vs. BAKER'S BURGERS, CALIFORNIA, INSURANCE GUARANTEE ASSOCIATION, By BROADSPIRE, a CRAWFORD CO., For SUPERIOR NATIONAL INSURANCE CO., In Liquidation

The WCAB granted reconsideration and amended the Findings & Award to reflect that the lien claimant is liable for $3,504.25 in attorney's fees under Labor Code § 5813 for filing a frivolous lien claim.

Workers' Compensation Appeals BoardLien claimantReconsiderationLabor Code § 5813Attorney's feesFrivolous filingGross negligenceDeclaration of ReadinessInvalid lien claimCompromise and Release
References
Case No. VNO 0276776 VNO 0466575
Regular
May 13, 2008

LUCY ARRIETA vs. BORDEN FOOD SERVICE, CIGNA INSURANCE COMPANY (ESIS)

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, striking the sanctions imposed on the defendant. The WCAB found that Labor Code section 5813, which authorizes sanctions, was inapplicable as both the injury and the application filing predated its effective date. The WCAB otherwise affirmed the WCJ's findings regarding new and further disability and entitlement to benefits.

Petition for ReconsiderationFindings and AwardPetition to ReopenOrder Imposing SanctionsLabor Code § 5813compensable consequence injuriesnew and further disabilitycredibilityapplicant's responseReport of Workers' Compensation Judge
References
Case No. ADJ8887982
Regular
Aug 29, 2014

ALVARO VIRGEN vs. COSTA VIEW FARM 2, ZENITH INSURANCE COMPANY

This case involves sanctions imposed on attorney Kyle K. Neilsen under Labor Code § 5813. Neilsen's apology for contemptuous remarks about a Workers' Compensation Judge was deemed insufficient as he continued to justify his behavior. The Board found his attempt to excuse his actions indicated a lack of appreciation for the severity of his offense. Consequently, Neilsen was ordered to pay $950.00 in sanctions to the General Fund.

Workers' Compensation Appeals BoardSanctionsLabor Code § 5813WCJ EllisContemptuous statementsJustificationFrustrationPleadingTravelOrange County
References
Case No. ADJ4305848 (VNO 0500451)
Regular
Jan 19, 2011

ROSA MACIAS vs. GLENRIDGE CENTER, TRAVELERS INSURANCE

The Workers' Compensation Appeals Board imposed $500 in sanctions against lien claimant New Age Pharmaceuticals for frivolous conduct under Labor Code § 5813. The claimant failed to appear at trial, did not respond to a Notice of Intention to Disallow their lien, and filed an untimely and unjustified Petition for Reconsideration. The Board found these actions to be a willful failure to comply with obligations and a waste of judicial resources, as the claimant provided no reasonable justification.

Labor Code § 5813Board Rule 10561Board Rule 10562Petition for Reconsiderationuntimelysanctionsfrivolous conductbad faithlien claimantfailure to appear
References
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