Updated Daily

Case Law Database

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

Case No. ADJ2189039 (LAO 0881468) ADJ890803 (LAO 0881469) ADJ2121987 (LAO 0883852)

Regular

Feb 02, 2009

ELIAS MARTINEZ vs. STANDARD PARKING, ESIS/ACE USA

The Workers' Compensation Appeals Board granted reconsideration and rescinded the WCJ's November 17, 2008 orders. The WCJ had improperly denied applicant's petition for costs and attorney fees and removed the matter from calendar without a trial or adequate record. The Board found the record insufficient to determine timeliness of the petition or the merits of the disputes. The case is returned to the trial level for further proceedings and a new decision after a proper trial record is established.

Workers' Compensation Appeals BoardReconsiderationRemovalWCJOff CalendarCostsAttorneys' FeesTrial RecordStipulated AwardTemporary Disability Indemnity

References

Case No. ADJ2189039 (LAO 0881468) ADJ890803 (LAO 0881469) ADJ2121987 (LAO 0883852)

Regular

Jan 25, 2010

Elias Martinez vs. STANDARD PARKING, ESIS/ACE USA

The applicant sought reconsideration of the WCJ's denial of sanctions and attorney's fees against the defendant. The applicant argued that the defendant's petition to suspend benefits was frivolous. The Board denied reconsideration, finding that the defendant acted with "reasonable justification" in filing its petition, even though ultimately unsuccessful. Therefore, there was no basis for sanctions under Labor Code section 5813, as the defendant did not act in bad faith.

Workers' Compensation Appeals BoardStandard ParkingESIS/ACE USAADJ2189039ADJ890803ADJ2121987Opinion and Order Denying ReconsiderationFindings and Orderssanctionsattorney's fees

References

Showing 1-2 of 2 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

ELIAS MARTINEZ vs. STANDARD PARKING, ESIS/ACE USA

Workers' Compensation Appeals BoardReconsiderationRemovalWCJOff CalendarCostsAttorneys' FeesTrial RecordStipulated AwardTemporary Disability Indemnity

Elias Martinez vs. STANDARD PARKING, ESIS/ACE USA

Workers' Compensation Appeals BoardStandard ParkingESIS/ACE USAADJ2189039ADJ890803ADJ2121987Opinion and Order Denying ReconsiderationFindings and Orderssanctionsattorney's fees