CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. ADJ3362266 (LAO 0805454)
Regular
Oct 29, 2010

ROBERTO PINEDA vs. CIRCUIT CITY, CIRCUIT CITY SELFINSURED SECURITY FUND

The WCAB dismissed Shandler & Associates' petition for reconsideration because it was filed against an interlocutory order (Notice of Intent to Dismiss Liens), not a final order. Even if treated as a removal petition, it was denied due to a lack of demonstrated significant prejudice or irreparable harm. The Board, however, removed the case on its own motion to consider sanctions against Shandler & Associates for filing a frivolous petition. Sanctions of $250.00 are proposed for bad-faith litigation tactics, payable to the General Fund.

Notice of Intent to Dismiss LiensPetition for ReconsiderationOrder of RemovalSanctionsLabor Code § 5813Interlocutory Procedural OrdersSignificant PrejudiceIrreparable HarmBad-Faith ActionsFrivolous Petition
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The Workers' Compensation Appeals Board granted reconsideration and rescinded an order imposing $2,500 in sanctions against Travelers Property Casualty Company.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. ADJ9173159
Regular
Dec 09, 2016

GARY COTTLE vs. TONY'S EXPRESS, CALIFORNIA TRUCKERS' SAFETY ASSOCIATION

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration of a prior administrative law judge's (WCJ) order. This order addressed penalties for unreasonable delay in payment and sanctions for bad faith litigation. Crucially, the WCAB has not received a petition for reconsideration from defendant CTSA and requires them to submit a copy of their petition and proof of timely filing within 20 days. Failure to comply will result in the WCAB proceeding with only the applicant's petition.

WCABPetition for ReconsiderationLabor Code Section 5814Unreasonable DelayCompensation PaymentLabor Code Section 5813Bad Faith LitigationLienTimely FiledProof of Service
References
Case No. ADJ3765992 (SRO 0132531)
Regular
Apr 06, 2011

LORRAINE O'KEEFE vs. SURGICAL STAFF NORTH, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, BROADSPIRE SERVICES for CAL COMP, COMMUNITY HOSPITAL OF MONTEREY PENINSULA, CLAIMS MANAGEMENT, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration on Community Hospital of Monterey Peninsula's (CHOMP) petition regarding a penalty assessed for delayed payment to CIGA. The WCAB amended the prior order, ruling that CHOMP is not liable for a Labor Code section 5814 penalty because this section applies only to delays in payments to injured workers, not to reimbursements between defendants. However, the WCAB affirmed the prior finding that CHOMP engaged in bad-faith litigation tactics, upholding sanctions under Labor Code section 5813. The final order also clarified the amount owed to CIGA and affirmed the attorney's fees awarded to the applicant's counsel.

Workers Compensation Appeals BoardSurgical Staff NorthCalifornia Insurance Guarantee AssociationCommunity Hospital of Monterey PeninsulaUnreasonable DelayBad Faith LitigationLabor Code Section 5814Labor Code Section 5813Labor Code Section 4064(c)Permanent Disability
References
Case No. ADJ2349671 (LAO 0787649) ADJ767632 (POM 0254221) ADJ678557 (POM 0254222)
Regular
Aug 03, 2012

BLAS MARIN vs. WEST COAST COMMUNICATIONS, GALLAGHER BASSETT, CNA CLAIMS PLUS

The Workers' Compensation Appeals Board granted reconsideration, affirming the disallowance of Dr. Rahimi's lien claim for psyche treatment due to a lack of evidence of industrial psyche injury, relying on a physician's report stating no such injury occurred. The Board also affirmed sanctions against Dr. Rahimi for bad-faith litigation actions, but reduced the total attorney fees awarded to defense counsel from $2,400 to $1,200. The reduction was due to insufficient evidence of Dr. Rahimi's non-attendance at certain hearings and an issue with the timing of a compromise and release approval. Finally, the Board noted that the issue of notice regarding the compromise and release was not raised at trial and the lien claimant failed to demonstrate prejudice.

Workers' Compensation Appeals BoardLien ClaimantReconsiderationFindings and OrderIndustrial InjuryPsyche InjurySanctionsLabor Code Section 5813Compromise and ReleaseMedical Treatment
References
Case No. ADJ7280301
Regular
Feb 18, 2014

CONNIE DER TOROSSIAN vs. FAIR HOUSING COUNCIL OF ORANGE COUNTY, STATE COMPENSATION INSURANCE FUND

The applicant's attorney, Dennis Hershewe, sought reconsideration of a WCJ's findings denying industrial injury. The Appeals Board granted reconsideration, but is also issuing a notice of intention to sanction Hershewe for $1,500. This is due to his petition containing language deemed insulting, disrespectful, and impugning the WCJ's integrity. The Board found these statements constituted bad faith litigation conduct under Labor Code section 5813.

Workers' Compensation Appeals BoardPetition for ReconsiderationBad Faith Litigation ConductLabor Code section 5813WCAB Rule 10561SanctionsDennis HersheweIndustrial InjuryPsycheInternal Systems
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. ADJ1775698 (LAO 0800658)
Regular
Aug 21, 2012

ANTONIO CERVANTES-LOPEZ vs. UNIVERSAL FURNITURE, AMERICAN HOME ASSURANCE COMPANY

Applicant sought reconsideration of a WCJ's decision denying substantial attorney fees and sanctions related to a $14,800 compromise and release for a low back injury. The WCJ awarded $2,222 in attorney fees but rejected the applicant's claim for over $29,000 in penalties, interest, and sanctions for alleged bad faith. The Board denied reconsideration, agreeing with the WCJ that the requested fees were unreasonable. Both parties' counsel were admonished for unprofessional conduct that wasted the Board's time.

Labor Code section 5814.5attorney feesreconsiderationFindings and Ordersbad faithsanctionsCompromise and Releasepenaltiesself-assessed penaltyunreasonable delay
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. ADJ6747918
Regular
Dec 27, 2010

BERNARD ELKINS vs. SCULLY DISTRIBUTIONS SERVICES, HARTFORD SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the underlying order denying sanctions without prejudice was not a final order. The WCAB also denied the defendant's Petition for Removal, finding no showing of significant prejudice or irreparable harm required for such an extraordinary remedy. The defendant had sought sanctions for alleged frivolous litigation, but the judge ordered them to first resolve venue disputes in a related San Bernardino case. This decision upholds the principle that reconsideration and removal are reserved for final orders or exceptional circumstances.

WCABPetition for ReconsiderationPetition for Removalsanctionsfrivolous litigationbad-faith litigationvenuechoice of venuewithout prejudicefinal order
References
Showing 1-10 of 979 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational