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

Case No. ADJ6766189
Regular
Jul 03, 2012

MIRNA CERRATO AGUILAR vs. BEVERLY PAVILION ASSOCIATES, FIRSTCOMP OMAHA

This case involves a petition for reconsideration filed by Anna Montes, a hearing representative, regarding a $1,500 sanction imposed by the WCJ. Montes was sanctioned for her "insolent, obstructive, disrespectful and frivolous" conduct during a workers' compensation trial involving her client, Dr. Anguizola. The Appeals Board denied Montes' petition, adopting the WCJ's report which detailed how her behavior caused unnecessary delay and wasted Board resources. The Board reiterated that representatives must conduct themselves professionally and ethically, adhering to rules against bad faith tactics that cause delay.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationIndustrial InjuryRoom AttendantLien ClaimantMedical TreatmentPenaltyInterestInsolent Conduct
References
Case No. ADJ4230639
Regular
Nov 05, 2010

GARY FOSTER (Deceased), MANUEL VILLARREAL vs. RPI COATING, INC., SCIF INSURED FRESNO

This case involves the imposition of $\$ 250.00$ in sanctions against defendant's counsel, Sylvia Bedrossian, and her client, SCIF. The sanctions were issued for engaging in bad faith and/or frivolous conduct by failing to provide proper evidentiary citations and attaching documents not in evidence to a petition for reconsideration. The Appeals Board found this conduct wasted its limited resources. The matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalSanctionsLabor Code section 5813Board Rule 10561Bad Faith ConductFrivolous ConductImproper CitationsUnacknowledged ExhibitsPetition for Reconsideration
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. ADJ7309746
Regular
Sep 21, 2017

JESUS SUAREZ ORDAZ vs. SEAMAN NURSERIES, INC., AMERICAN CLAIMS

This case involves a dispute over legal fees and costs awarded by a Workers' Compensation Appeals Board (WCAB) judge against a lien claimant, The Nielsen Firm. The judge had previously ordered Nielsen to pay $\$ 5,550.00$ to Central Valley Injured Worker Legal Clinic for frivolous and unreasonable conduct. Nielsen sought reconsideration, arguing its actions did not constitute bad faith. The WCAB granted reconsideration, reducing the awarded amount to $\$ 3,150.00$, specifically removing fees for hearing dates that were continued due to administrative reasons beyond the parties' control.

WCABPetition for ReconsiderationFindings of Fact and Orderlien claimantfrivolous conductunreasonable conductattorney feeslegal costsCompromise and Releaseapplicant attorney fees
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. ADJ954867 (SFO 0497953)
Regular
Dec 29, 2008

HERBERT BARRIOS vs. DEEP VAC, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board partially granted reconsideration, rescinding the award of attorney's fees for frivolous tactics but affirming the award for expert witness costs and a penalty for unreasonable refusal to pay. The Board found that while SCIF's refusal to pay for the diminished future earnings capacity expert was unreasonable, their actions did not rise to the level of bad faith or frivolous conduct required for sanctions. A dissenting opinion argued to affirm the original award of sanctions, finding SCIF's actions to be unreasonable and in bad faith based on prior unfavorable decisions and testimony from SCIF's claims adjustor.

Diminished Future Earnings CapacityVocational RehabilitationLabor Code section 5811Labor Code section 5814Labor Code section 5813Expert Witness FeesReconsiderationFindings and AwardSanctionsBad Faith Tactics
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. ADJ9498698 ADJ9537832
Regular
May 18, 2015

RAFE EK RAHEEM vs. WELLS FARGO BANK, OLD REPUBLIC

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a $\$350.00$ sanctions order against applicant's attorney. The WCAB found that the attorney's actions in refusing to stipulate to a Qualified Medical Evaluator (QME) panel did not rise to the level of frivolous or bad-faith conduct as required by Labor Code Section 5813. The Board also dismissed the attorney's petition for removal, finding reconsideration to be the proper remedy for a sanctions order.

WCABSanctionsReconsiderationRemovalWCJQME panelFrivolous conductBad faithDue processMedical Director
References
Case No. ADJ7104576
Regular
Mar 09, 2012

DEVEL MOORE vs. GAMEWORKS/SEGA AMERICA, INC., MITSUI SUMIMOTO INSURANCE GROUP, MITSUI SUMIMOTO MARINE MANAGEMENT

Lien claimants improperly petitioned for reconsideration of an interlocutory order denying discovery, which is not a final order subject to reconsideration. The Appeals Board dismissed the petition and granted removal on its own motion to address the discovery dispute. The Board also issued a notice of intention to impose sanctions against the lien claimants and their counsel for bad-faith, frivolous actions and unprofessional conduct. Sanctions may be imposed up to $2,500 unless good cause is shown otherwise.

AOE/COEPetition for ReconsiderationLien ClaimantsDiscovery RequestsFinal OrderInterlocutory OrderRemovalSanctionsLabor Code Section 5813Bad Faith
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
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