Updated Daily

Case Law Database

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

Case No. ADJ505656 (OAK 0287878)

Regular

Mar 13, 2009

LAURA EVERHART vs. DSL PRINTING, INC., TRAVELERS PROPERTY CASUALTY COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order imposing $2,500 in sanctions against Travelers Property Casualty Company. The Board found that Travelers' insistence on including hold-harmless language in a settlement agreement, even after the judge indicated it would not be approved, did not constitute bad faith. The WCJ overstepped his authority by attempting to dictate settlement terms before an agreement was finalized.

Workers' Compensation Appeals BoardRemovalReconsiderationSanctionsLabor Code section 5813Compromise and Release AgreementBad Faith ConductMedicare Set-AsideHold-Harmless LanguageWCJ

References

Case No. ADJ8939095

Regular

Feb 04, 2014

CRISTAL QUINTERO vs. WHOLE FOODS MARKET, INC.; ACE AMERICAN INSURANCE

This case involves defense counsel seeking reconsideration of a sanctions order. The administrative law judge sanctioned the defense for filing a Declaration of Readiness to Proceed on an AOE/COE issue when the actual dispute was discovery-related. The Workers' Compensation Appeals Board granted reconsideration, rescinding the sanctions order. The Board found that while defense counsel should have used other procedural mechanisms for discovery disputes, their actions did not demonstrate the bad faith required for sanctions, though they were cautioned against future similar conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctions OrderLabor Code Section 5813Declaration of Readiness to ProceedPriority ConferenceInjury AOE/COEDiscovery DisputeBad FaithAdministrative Law Judge

References

Case No. ADJ9533148

Regular

Apr 17, 2019

ANTHONY TAYLOR (deceased) vs. MERCED COUNTY SHERIFF’S DEPARTMENT

The Workers' Compensation Appeals Board granted reconsideration to reverse a prior finding of bad faith against the defendant, Merced County Sheriff's Department. The Board determined that the defendant acted within its legal rights to dispute the medical specialty for a Qualified Medical Evaluator (QME) and sought a replacement panel. Because the defendant's actions were permissible under regulations, they were not considered bad faith, thus rescinding the attorney's fees award. The Board otherwise affirmed the original decision regarding the appropriateness of an internal medicine specialist.

Workers' Compensation Appeals BoardMerced County Sheriff’s DepartmentAnthony Taylordeath benefitspancreatic cancercorrectional sergeantsepticemiabiliary tract obstructionQME panelinternal medicine

References

Case No. ADJ10269827, ADJ10270738

Regular

Jun 04, 2018

OVIDIO SANCHEZ vs. COBRA ENGINEERING INC, THE HARTFORD

This case concerns a lien claimant's petition for reconsideration after their request for costs and sanctions was denied by the WCJ. The lien claimant argued the defendant engaged in bad-faith tactics by failing to timely pay for interpreter services and object to the invoice. However, the Appeals Board denied reconsideration, finding the defendant's prompt payment after receiving the petition for sanctions demonstrated an intent to pay, not willful bad faith. The defendant's payment of the invoice, including penalties and interest, also mitigated the claim for sanctions under Labor Code section 5813.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantPetition for SanctionsLabor Code section 5813WCAB Rule 10561Bad FaithInterpreter ServicesRule 9795.460-Day Rule

References

Case No. ADJ10904725 ADJ11254425

Regular

Sep 13, 2019

RODNEY MIKELS vs. REDWOOD EMPIRE GOLF AND COUNTRY CLUB, PROCENTURY INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded an order that denied a defendant's petition for costs and sanctions. The defendant sought these based on alleged bad faith billing by a lien claimant for duplicate medical records. The WCJ had denied the petition, finding it moot when the lien claimant withdrew its claim for invoice balances. However, the WCAB found that the defendant's due process rights were violated as the petition also sought costs and sanctions for alleged bad faith, a claim that survived the lien claimant's withdrawal. The case is returned to the WCJ for further proceedings on the defendant's claim for costs and sanctions.

Workers' Compensation Appeals BoardReconsiderationPetition for Non-IBR DisputeLien ClaimantDue ProcessWCJCostsSanctionsAttorney's FeesWCAB Rule 10451.1

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. ADJ7508584

Regular

Sep 30, 2014

CALVIN WRIGHT vs. HEALTH NET, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior order regarding temporary total disability (TTD) indemnity payments. The WCAB found the defendant's attorney's petition for reconsideration frivolous and filed in bad faith, noting the attorney attempted to disregard a prior stipulation on average weekly earnings and TTD rate. Consequently, the WCAB issued a notice of intention to impose sanctions of up to $2,500 against the attorney for bad faith actions, delay, and failure to comply with procedural rules. The WCAB will affirm the prior order directing the defendant to pay the TTD difference owed to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAttorney FeesStipulationTemporary Total Disability (TTD) IndemnityAverage Weekly EarningsWCJBad FaithFrivolous

References

Case No. ADJ16728100; ADJ16728102

Regular

Oct 06, 2025

MARCO ORTIZ vs. AZTECA LANDSCAPE INC.; CYPRESS INSURANCE COMPANY dba BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Cost petitioner, Tony Barriere Interpreting Service, Inc., sought reconsideration of the Joint Findings and Order issued by the WCJ on June 16, 2025. The petitioner contended that discovery issues were relevant and that the defendant engaged in bad faith by unreasonably delaying payment. The Appeals Board affirmed the WCJ's recommendation, finding that the defendant's conduct did not rise to the level of bad faith and that the underlying bill had been paid with a self-imposed penalty.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and OrderCost PetitionerTony Barriere Interpreting ServiceBad Faith ActionsUnreasonable DelayLabor Code Section 5813WCAB Rule 10545(h)Sanctions

References

Case No. OAK 0295096

Regular

Sep 14, 2007

DAVID JONES vs. CSAA and ACE/ESIS

The Workers' Compensation Appeals Board denied reconsideration of an order that denied sanctions against defense counsel. The applicant's attorney sought sanctions based on allegations of bad faith tactics in resisting a deposition fee and in subsequent payment negotiations, arguing the defense repeated arguments previously rejected in a similar case. The Board adopted the judge's report, which found no new evidence and maintained that the defense's actions did not rise to the level of bad faith warranting sanctions.

WCABReconsiderationSanctionsLabor Code §5813Bad Faith TacticsDeposition FeePeden v. Lockheed MartinLabor Code §5710Attorney's FeesStanding

References

Case No. ADJ11998519

Regular

Jan 17, 2020

LISA HILL SANDERS vs. KAISER PERMANENTE, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a WCJ's award of attorney's fees to a medical-legal provider's attorney, finding that the WCJ's underlying finding of no bad faith actions by the defendant was inconsistent with the award. The Board rescinded the award, ruling that absent a finding of bad faith, attorney's fees and costs under WCAB Rule 10451.1 and Labor Code §5813 are not permissible. Consequently, neither the cost petitioner's attorney nor the defendant were awarded attorney's fees or costs.

WCABPetition for ReconsiderationAttorney's FeesWCAB Rule 10451.1Labor Code §5813Bad Faith ActionsFrivolous TacticsCost PetitionerMedical-Legal EvaluationBill Review

References

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Updated Daily

Case Law Database

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

Case No. ADJ505656 (OAK 0287878)

Regular

Mar 13, 2009

LAURA EVERHART vs. DSL PRINTING, INC., TRAVELERS PROPERTY CASUALTY COMPANY

Workers' Compensation Appeals BoardRemovalReconsiderationSanctionsLabor Code section 5813Compromise and Release AgreementBad Faith ConductMedicare Set-AsideHold-Harmless LanguageWCJ

References

Case No. ADJ8939095

Regular

Feb 04, 2014

CRISTAL QUINTERO vs. WHOLE FOODS MARKET, INC.; ACE AMERICAN INSURANCE

References

Case No. ADJ9533148

Regular

Apr 17, 2019

ANTHONY TAYLOR (deceased) vs. MERCED COUNTY SHERIFF’S DEPARTMENT

Workers' Compensation Appeals BoardMerced County Sheriff’s DepartmentAnthony Taylordeath benefitspancreatic cancercorrectional sergeantsepticemiabiliary tract obstructionQME panelinternal medicine

References

Case No. ADJ10269827, ADJ10270738

Regular

Jun 04, 2018

OVIDIO SANCHEZ vs. COBRA ENGINEERING INC, THE HARTFORD

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantPetition for SanctionsLabor Code section 5813WCAB Rule 10561Bad FaithInterpreter ServicesRule 9795.460-Day Rule

References

Case No. ADJ10904725 ADJ11254425

Regular

Sep 13, 2019

RODNEY MIKELS vs. REDWOOD EMPIRE GOLF AND COUNTRY CLUB, PROCENTURY INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY

Workers' Compensation Appeals BoardReconsiderationPetition for Non-IBR DisputeLien ClaimantDue ProcessWCJCostsSanctionsAttorney's FeesWCAB Rule 10451.1

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

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationLabor Code section 5813SanctionsWCJdiscovery issuebad faithfrivolousunnecessary delayPetition for Discovery Order

References

Case No. ADJ7508584

Regular

Sep 30, 2014

CALVIN WRIGHT vs. HEALTH NET, INC.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAttorney FeesStipulationTemporary Total Disability (TTD) IndemnityAverage Weekly EarningsWCJBad FaithFrivolous

References

Case No. ADJ16728100; ADJ16728102

Regular

Oct 06, 2025

MARCO ORTIZ vs. AZTECA LANDSCAPE INC.; CYPRESS INSURANCE COMPANY dba BERKSHIRE HATHAWAY HOMESTATE COMPANIES

References

Case No. OAK 0295096

Regular

Sep 14, 2007

DAVID JONES vs. CSAA and ACE/ESIS

WCABReconsiderationSanctionsLabor Code §5813Bad Faith TacticsDeposition FeePeden v. Lockheed MartinLabor Code §5710Attorney's FeesStanding

References

Case No. ADJ11998519

Regular

Jan 17, 2020

LISA HILL SANDERS vs. KAISER PERMANENTE, SEDGWICK CLAIMS MANAGEMENT SERVICES

WCABPetition for ReconsiderationAttorney's FeesWCAB Rule 10451.1Labor Code §5813Bad Faith ActionsFrivolous TacticsCost PetitionerMedical-Legal EvaluationBill Review

References

Showing 1-10 of 712 results

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