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Case Law Database

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

Case No. ADJ4086603 (LAO 0829698) ADJ4469358 (LAO 0829699)
Regular
May 01, 2009

ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

This Workers' Compensation Appeals Board notice addresses a dispute over attorney's fees and costs awarded as sanctions. The defense seeks $800.50 for opposing a petition for reconsideration, while applicant's counsel, Daniel Escamilla, concedes only $540.00. The Board finds $800.50 reasonable and proposes to award this amount to defense counsel, Pearlman, Borska & Wax, L.L.P. This award is separate from any other sanctions payable to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION
References
0
Case No. MISSING
Regular Panel Decision

D'Amato v. Leffler

This case involves an appeal by plaintiffs in Action No. 1, arising from two related actions concerning the dissolution of a partnership. The plaintiffs challenged a Supreme Court order from Suffolk County which denied their motion to vacate an arbitration award and appoint a receiver, along with their cross-motion to impose sanctions on the law firm Lazer, Aptheker, Feldman, Rosella & Yedid, LLP. The appellate court dismissed the appeal pertaining to the cross-motion, noting the earlier dismissal of the complaint in Action No. 2. Ultimately, the court affirmed the denial of the motion to vacate the arbitration award, concluding that the award was not violative of strong public policy, irrational, or exceeding the arbitrators' power. The court also found no misconduct in the arbitrators' refusal to hear evidence on issues previously decided by the court.

Partnership DissolutionArbitration Award VacaturCPLR 7511Appointment of ReceiverSanctionsAppellate ReviewArbitrator PowersPublic Policy ViolationIrrational AwardEvidentiary Ruling
References
4
Case No. ADJ7048560
Regular
Nov 28, 2011

PARVEENA PRASAD vs. SACRAMENTO BEE/McCLATCHY NEWSPAPERS, INC.

This case involves sanctions imposed against lien claimant Accident Injury & Family Therapy (AIFT), its representative Innovative Medical Management (IMM), and Louis Heard for failing to attend two mandatory settlement conferences. The Workers' Compensation Appeals Board (WCAB) reversed a prior decision that allowed AIFT's lien, finding the lien claimant's excuses for non-appearance unpersuasive despite the loss of the lien itself. The WCAB sanctioned AIFT, IMM, and Heard jointly and severally $800 and awarded defendant its reasonable costs and fees incurred due to the missed appearances.

Workers' Compensation Appeals BoardDecision After RemovalSanctionsCosts and FeesAccident Injury & Family TherapyInnovative Medical ManagementLouis HeardLabor Code Section 5813Utilization ReviewCompromise and Release
References
1
Case No. ADJ17550375; ADJ17550386
Regular
Jul 29, 2025

JOHN RICHARD SEDANO vs. LIVE ACTION GENERAL ENGINEERING INC.; NATIONAL CASUALTY INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a 'Findings of Fact, Award & Order' (F&A) issued on March 24, 2025, by a WCJ, and issued a Notice of Intent to impose sanctions. The WCJ had found that the defendant did not provide a bona fide offer of modified duty to the applicant, John Richard Sedano, and awarded temporary disability. Defendant argued that temporary disability should not have been awarded because an offer of work was made, the award lacked substantial medical evidence, and the WCJ failed to apply apportionment under Labor Code sections 4663 and 4664. The WCAB affirmed the March 24, 2025 F&A and imposed sanctions of $750.00$ jointly and severally against the employer, insurer, administrator, and their attorneys for errors in the petition for reconsideration, including failure to cite the evidentiary record, improperly attaching documents, raising new issues, and citing non-existent legal authority. The Board also found the defendant was equitably estopped from asserting the modified work offer as a bar to temporary disability, and that the modified work offer was independently invalid due to a conflict in medical restrictions.

Temporary DisabilityModified DutyBona Fide OfferApportionmentLabor Code Sections 4663Labor Code Sections 4664SanctionsEquitable EstoppelMaximum Medical ImprovementWork Restrictions
References
10
Case No. ADJ962796 (ANA 0403408)
Regular
Aug 26, 2015

JAMES RODNEY RICHARD vs. HOUSTON ASTROS

Attorneys for both the applicant and defendant were sanctioned $50.00 each for failing to follow the Board's explicit instructions. The attorneys improperly filed a stipulation for appellate attorney's fees with a district office instead of the Office of Commissioners. This oversight led to an inaccurate award and necessitated further Board action. While acknowledging the attorneys' apologies and assurances of future compliance, the Board imposed the minimal sanction due to the clear disregard of its directives.

Workers' Compensation Appeals BoardSanctionsAppellate Attorney's FeesStipulationNotice of IntentionDistrict OfficeOffice of CommissionersLabor Code Section 5813WCAB Rule 10561Amended Award
References
0
Case No. MISSING
Regular Panel Decision

Redd v. Fisher Controls

This order addresses Defendant Fisher Controls' motions for sanctions against Plaintiff's counsel, William S. Babcock, Jr., and for an award of attorney's fees. The Court found Babcock repeatedly violated Rule 11 of the Federal Rules of Civil Procedure through baseless filings, abusive language, and a lack of reasonable inquiry. Consequently, the Court granted the motion for sanctions and ordered Babcock to pay $2700.00 to Defendant for attorneys' fees incurred. However, the Court denied Defendant's separate motion for attorney's fees under Title VII, concluding that the plaintiff's original employment discrimination action was not so frivolous as to warrant such an award. The decision took into account Babcock's limited experience and financial situation.

Rule 11 SanctionsAttorney MisconductFrivolous FilingsEmployment DiscriminationAttorneys' FeesJudicial DiscretionObjective StandardDeterrenceCompensationWestern District of Texas
References
8
Case No. MISSING
Regular Panel Decision

National Union Fire Insurance Co. of Pittsburg v. Jones

This case involves an appeal by National Union Fire Insurance Company of Pittsburgh, Pennsylvania (National Union) against an order of sanctions for abuse of discovery. The original suit was filed by Jones, appealing an industrial accident board award in a worker’s compensation claim. The trial court sanctioned National Union for evasive responses to discovery requests, ordering them to respond to admissions and pay $1,200 in attorneys' fees. On appeal, the court found that National Union had not waived its right to appeal the sanctions due to an explicit reservation in the agreed judgment. The court affirmed the trial court's order of sanctions, finding no abuse of discretion, and also denied Jones' cross-point seeking damages for a frivolous appeal.

Discovery AbuseSanctionsAppellate ReviewWorkers' CompensationAttorneys' FeesDue ProcessWaiver of AppealFrivolous AppealTexas Rules of Civil ProcedureTexas Rules of Appellate Procedure
References
10
Case No. MISSING
Regular Panel Decision

State Farm Mutual Automobile Insurance Co. v. Pender

This case involves a subrogation action initiated by an unnamed plaintiff (subrogee) to recover $15,200 in additional personal injury protection (APIP) benefits paid to its subrogor, Darci Plumbing Co., Inc., for an employee, Kareem Atkins. The defendants moved to dismiss the complaint based on documentary evidence, collateral estoppel, and res judicata, arguing that a prior Workers’ Compensation Board decision from November 24, 2008, which awarded Atkins basic economic loss benefits, was determinative. The plaintiff cross-moved for sanctions. The court found that APIP benefits, defined by 11 NYCRR 65-1.3, are distinct from statutory basic economic loss benefits and that an insured's subrogation rights for APIP are equitable, existing under common law. Therefore, the workers' compensation award was not res judicata, and the plaintiff was not precluded from asserting its subrogation rights for amounts paid in addition to the statutory basic economic loss. Consequently, the defendants' motion to dismiss was denied, and the plaintiff's cross-motion for sanctions was also denied.

SubrogationAPIP BenefitsPersonal Injury ProtectionWorkers' CompensationCollateral EstoppelRes JudicataMotion to DismissSanctionsNo-Fault LawInsurance Law
References
1
Case No. ADJ7730252
Regular
Jul 22, 2015

MARIA OLVERA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The Workers' Compensation Appeals Board reconsidered sanctions imposed by a WCJ against applicant's attorney and representative for failing to disclose a cumulative trauma claim and proceeding to trial without a legal basis. The Board rescinded one sanction for failure to disclose, finding no legal mandate for immediate disclosure, and clarified which parties were sanctioned for proceeding to trial without basis, reducing the penalties. The Board affirmed the award of costs to the defendant for defending against these actions. One Commissioner dissented, believing the conduct was not sanctionable given the evidence presented by applicant's representatives.

WCABSanctionsCostsLabor Code 5813Rule 10561Hearing RepresentativeCumulative TraumaSpecific InjuryDue ProcessBill of Particulars
References
1
Case No. ADJ673354 (ANA 0365640)
Regular
Oct 22, 2013

HECTOR PASILLAS vs. JP GERGEN CONSTRUCTION, MIDCENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) imposed sanctions of $1,500 on a lien claimant and its representatives for filing an untimely and unjustified Petition for Reconsideration. The Petition contained material misrepresentations, lacked merit, and was improperly verified. The WCAB also awarded the defendant $1,650 in attorney's fees and costs. The lien claimant's untimely and insufficient response did not provide good cause to avoid sanctions. Jurisdiction was returned to the trial level after the sanctions were ordered.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingSanctionsLegal Service BureauBack Pain Chiropractic CenterDr. HewkoMisrepresentationWithout MeritDefective Verification
References
0
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