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

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The Workers' Compensation Appeals Board (WCAB) rescinded an order that denied a defendant's petition for costs and sanctions.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. 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The Workers' Compensation Appeals Board granted reconsideration and rescinded an order imposing $2,500 in sanctions against Travelers Property Casualty Company.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. 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. 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. ADJ9307293
Regular
Jan 08, 2016

JUAN GARCIA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

The Workers' Compensation Appeals Board denied the CCPOA Benefit Trust Fund's petition for reconsideration. The lien claimant sought penalties, alleging bad faith because the defendant sent an award payment directly to the lien claimant instead of its hearing representative. The Board found no evidence of unreasonable delay, noting the payment was timely sent to the address on file and promptly cashed by the lien claimant, constituting substantial compliance. The Board also suggested the lien claimant's multiple claims and penalty requests, despite timely payment, could constitute bad faith.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationBad Faith ActionsHearing RepresentativeSubstantial ComplianceSanctionsLabor Code Section 5700Legal Services BureauCCPOA Benefit Trust Fund
References
Case No. ADJ11080934
Regular
Oct 28, 2025

JUAN MARTINEZ vs. CREAM OF THE CROP AG SERVICE, INC.; CA FARM MANAGEMENT, INC.

The applicant, Juan Martinez, sought reconsideration of a prior decision that reversed a Workers' Compensation Administrative Law Judge's (WCJ) order imposing sanctions against the defendant for alleged frivolous tactics. The Appeals Board originally found insufficient evidence of bad-faith conduct by the defendant, Cream of the Crop AG Service, Inc. and CA Farm Management, Inc. In this petition, the applicant sought clarification on the standard of review and claimed certain issues were not addressed. The Board denied the applicant's petition, reiterating its finding that the defendant's actions did not constitute bad-faith litigation tactics under Labor Code section 5813, and confirmed that the responsibility for pursuing discovery, such as a neuropsychological evaluation recommended by Dr. Bhatia in 2018, did not rest solely on the defendant.

WCABPetition for ReconsiderationLabor Code Section 5813SanctionsAttorneys' FeesFrivolous TacticsBad Faith ConductNeuropsychology EvaluationAdditional PanelsReconsideration Proceedings
References
Case No. ADJ221559 (SBR 0338900) ADJ4409933 (SBR 0338901)
Regular
Oct 12, 2012

CASEY HOWELL vs. BADGER EXPRESS, UNITED STATES FIDELITY & GUARANTY/AIMS INSURANCE SERVICES, INC.

The lien claimant's petition for reconsideration was dismissed as untimely filed. However, the Appeals Board granted removal on its own motion to address serious allegations by the defendant concerning the lien claimant's attorney's alleged bad faith tactics. These allegations include witness tampering and misrepresentations to the court, which undermine the judicial process. The matter is remanded to the WCJ for further proceedings and a decision solely on the defendant's request for sanctions.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderAdministrative Law JudgeRemovalAttorney's FeesSanctionsLabor Code Section 5813Bad Faith Actions
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. ADJ7112948
Regular
Mar 30, 2017

LYLE BYNUM vs. VALLEJO TRANSIT, ACE AMERICAN INSURANCE, BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior award. The Board issued a Notice of Intention to Impose Sanctions against the defendant's attorney and insurance company for alleged bad faith actions. These actions included filing a petition for reconsideration with inaccurate and unsupported references to evidence, misrepresenting medical opinions, and asserting meritless contentions. The WCAB is considering sanctions of up to $2,000 and reasonable expenses due to these alleged violations of labor code and board rules.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLabor Code § 5813Cal. Code Regs. tit. 8 § 10561Findings and AwardWCJBus DriverBack InjuryLeft Lower Extremity Injury
References
Case No. ADJ9001538
Regular
Sep 14, 2018

, PEDRO MONTELONGO vs. MC ROOFING CORPORATION, STATE COMPENSATION INSURANCE FUND

This case involves an applicant seeking reconsideration of a WCJ's decision denying sanctions and attorneys' fees against defendants MC Roofing Corporation and its insurer, SCIF. The applicant alleged bad faith conduct by MC Roofing's owner, Manuel Cuevas, and sought sanctions against him and SCIF, as well as attorney's fees from retroactive temporary total disability benefits. The Appeals Board granted reconsideration to further investigate whether Cuevas is a defendant, whether his alleged misconduct can be imputed to MC Roofing, and if sanctions are appropriate. The matter is returned to the trial level for further proceedings on the issue of sanctions against Cuevas.

Workers' Compensation Appeals BoardPedro MontelongoMC Roofing CorporationState Compensation Insurance FundPetition for ReconsiderationSupplemental Findings of FactSanctionsLabor Code Section 5813Bad Faith ConductAttorney Fees
References
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