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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
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. ADJ103216 (LAO 0867367)
Regular
Sep 07, 2010

ROSA PALAFOX vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's decision to clarify sanctions imposed on defendant's attorney, Martin Reiner. Reiner sought to cross-examine applicant's attorneys regarding privileged matters, an action the judge deemed frivolous and sanctionable. The Board affirmed the judge's findings that Reiner's petition was frivolous, his actions in altering official documents and threatening opposing counsel were improper, and that sanctions were warranted. The Board clarified that the $1,000 payment to applicant's attorneys should be characterized as attorney's fees and costs under Labor Code section 5813, rather than solely as sanctions.

Workers' Compensation Appeals BoardReconsiderationSanctionsAttorney-Client PrivilegeCrime-Fraud ExceptionFrivolous PetitionLabor Code Section 5813Bad-Faith ActionsAttorney's Fees and CostsDisqualification
References
Case No. ADJ11002880
Regular
Mar 10, 2020

ROGELIO SANCHEZ vs. LA PALMA FARMS, INC., ZENITH INSURANCE COMPANY

This Workers' Compensation Appeals Board decision rescinded a prior award, finding insufficient evidence to support sanctions against former attorney Ozeran for missed conferences and improper filings. The Board reallocated attorney's fees, granting Ozeran $1,000 and current attorney Stone $2,750, based on the overall work and results obtained. Ozeran's earlier conduct related to conference attendance and procedural service issues was deemed to have reasonable justification, negating the basis for sanctions. The Board also admonished Ozeran for disrespectful language used in his filings.

WCABReconsiderationAttorney's FeesSanctionsPetition for RemovalProof of ServiceWCAB RulesQMECompromise and ReleaseLabor Code Section 4906(d)
References
Case No. STK 180994
Regular
Jul 18, 2007

DAVID CINGCON vs. CYRUS YOUSSEFI, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) initially considered imposing sanctions on applicant's attorney for filing a frivolous and factually incomplete petition for reconsideration. However, after reviewing the attorney's explanation regarding instructions from a former employer and her interpretation of the case's issues, the WCAB decided not to impose sanctions in this instance. The matter is now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardSanctionsFrivolous PetitionOmitted FactsEstoppel ArgumentCompromise and ReleaseAttorney's FeesRemovalTrial Level ProceedingsMonetary Sanctions
References
Case No. ADJ8802401
Regular
Sep 19, 2017

ROBERT MIKE CAPES vs. COUNTY OF SAN BERNARDINO SHERIFF’S DEPARTMENT

The applicant's attorney sought reconsideration of a prior order denying the defendant's petition for reconsideration regarding sanctions and fees. The applicant's attorney argued the Board erred in upholding the finding that the defendant's attorney engaged in sanctionable conduct. The Board granted the applicant's petition for reconsideration, affirming its previous order but clarifying that the sanctionable conduct was committed by Sammy Rabieh of the Law Office of Louis D. Seaman, not Mr. Seaman himself. The ultimate decision affirmed the original findings regarding sanctionable conduct and the award of attorney's fees and costs to the applicant's attorney.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsFees and CostsWorkers' Compensation Administrative Law JudgeSanctionable ConductAttorney's FeesLaw Offices of Louis D. SeamanSammy RabiehRichard W. Smith
References
Case No. ADJ928027
En Banc
Aug 27, 2015

David Trinh vs. Tzeng Long USA, Inc.; Berkshire Hathaway

The Appeals Board removes the case to itself to issue a notice of intention to suspend the privileges of Professional Lien Services, Inc., and Mike Traw for failing to pay court-ordered sanctions and attorney's fees.

Labor Code Section 4907Suspension of PrivilegesProfessional Lien ServicesInc.Mike TrawOrder for Costs and SanctionsBad Faith ConductFrivolous PursuitWillful DisobedienceWCAB En Banc
References
Case No. ADJ8721136
Regular
Dec 07, 2015

LILITH TEITELBAUM vs. KAISER FOUNDATION HOSPITAL; Permissibly Self-Insured, Administered By Sedgwick CMS

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that no order precluded the defendant from deposing the qualified medical evaluator. The Board also initiated removal on its own motion to issue a notice of intention to assess sanctions against the applicant's attorney and his firm. This action stems from the attorney's verified petition containing misrepresentations of fact and intemperate language, violating WCAB rules on sanctions for frivolous or delaying tactics. Ultimately, the Board found the applicant's attorney's conduct warranted sanctions due to false statements and unprofessional conduct in pursuing reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical Evaluator (QME)SanctionsLabor Code § 5813Bad Faith ActionsFrivolous TacticsMisrepresentation of FactsIntemperate LanguageWCAB Rule 10561(b)
References
Case No. ADJ9597686
Regular
Jan 13, 2016

TOMIE KATO vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) is reconsidering an order directing the City and County of San Francisco (defendant) to pay applicant's attorney $\$ 3,082.00$ for deposition fees. The defendant sought reconsideration, arguing the fee was unreasonable and requesting sanctions against applicant's attorney. The WCAB deemed the defendant's petition to be a timely objection to the original order. The matter is returned to the Workers' Compensation Judge to consider the objection and determine the reasonableness of the attorney fees. The WCAB denied the request for sanctions against applicant's attorney.

Workers Compensation Appeals BoardOpinion and Decision After ReconsiderationSection 5710 Attorney Deposition FeesWCJPetition for ReconsiderationPetition for RemovalLabor Code Section 5813 SanctionsReasonableness of Attorney FeesDeposition TranscriptMotor Vehicle Accident
References
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