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

Case No. ADJ1785113 (LAO 0805120) ADJ3046898 (LAO 0805121) ADJ918089 (LAO 0827742)
Regular
Oct 15, 2012

JOSE DE JESUS VILLA vs. ORANGE BANG, INC., STATE FARM FIRE & CASUALTY COMPANY

This case concerns a lien claimant, Frontier Medical, Inc., appealing sanctions imposed by a WCJ for its "bad-faith actions or tactics." The Appeals Board rescinded the original order, affirming the sanctions but deferring the issues of Frontier's lien, costs, and attorney fees to the trial level. The Board strongly admonished Frontier and its representatives for sanctionable conduct, including litigating a lien without evidence and misrepresenting facts. The matter was returned to the WCJ for further proceedings consistent with the opinion.

Workers' Compensation Appeals BoardReconsiderationSanctionsLien ClaimantJurisdictionDue ProcessLabor Code Section 5813Bad FaithMisrepresentationFrivolous 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. 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The Workers' Compensation Appeals Board granted reconsideration and rescinded an order imposing $2,500 in sanctions against Travelers Property Casualty Company.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. ADJ7977732, ADJ8044285, ADJ8044807
Regular
Nov 07, 2014

OSCAR ALVAREZ vs. EBUS, TRAVELERS INSURANCE COMPANY

The Appeals Board withdrew a Notice of Intention to Issue Sanctions against lien claimant Mednet, Inc. and its representative, Michael Goldberg. Initially, sanctions were considered for filing a skeletal, unverified Petition for Reconsideration and failing to appear at a lien conference, deemed bad faith actions causing delay. However, after Mednet explained the actions as an "honest mistake" due to lack of experience and apologized, the Board found the petition was not filed in bad faith or as a frivolous tactic. Mednet was admonished to familiarize itself with Appeals Board rules regarding liens and filings, but sanctions were ultimately withdrawn.

Workers' Compensation Appeals BoardRemovalNotice of Intention to Issue SanctionsLien ClaimantPetition for ReconsiderationSkeletal PetitionUnverified PetitionNon-Final OrderLien ConferenceBad Faith Actions
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. 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. ADJ7447035; ADJ7447437
Regular
Mar 25, 2019

BERTHA PEREZ vs. WORLD VARIETY PRODUCE, INC., ZURICH INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior order, remanding the case for further proceedings. The WCAB found that the original decision lacked sufficient evidence to support findings regarding restitution and sanctions against the lien claimant. Specifically, there was no admitted evidence proving unjust enrichment, fraud, or improper conduct by the lien claimant. Similarly, the record was insufficient to determine if the lien claimant engaged in bad faith tactics or frivolous delays warranting sanctions.

Lien claimantReconsiderationRestitutionUnjust enrichmentSanctionsFrivolous tacticsDiscoveryBill reviewWCJAppeals Board
References
Case No. ADJ2961281
Regular
Jun 16, 2017

JAMIE CAMARENA vs. CMT SHEET METAL, STATE COMPENSATION INSURANCE FUND

Here's a concise summary for a lawyer: The Workers' Compensation Appeals Board denied a lien claimant's Petition for Reconsideration, affirming the WCJ's decision to deny petitions for costs and sanctions. The Board gave great weight to the WCJ's credibility determinations regarding witness testimony and found no substantial evidence to overturn them. Furthermore, the Board agreed with the WCJ that the defendant's actions did not rise to the level of bad-faith tactics warranting sanctions under Labor Code section 5813. Consequently, the Petition for Reconsideration was denied.

WCABPetition for ReconsiderationWCJCredibility DeterminationsLabor Code Section 5813Costs and SanctionsLien ClaimantBad FaithFrivolous TacticsUnnecessary Delay
References
Case No. Misc. No. 254
En Banc
Sep 21, 2011

WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA vs. Daniel Escamilla

Notice of a hearing to consider suspending or removing Daniel Escamilla's privilege to appear before the WCAB due to a pattern of repeated sanctions for bad-faith actions, frivolous tactics, and filing pleadings with false statements of fact.

Labor Code 4907Privilege SuspensionRemoval of PrivilegeBad Faith ActionsFrivolous TacticsUnnecessary DelayWillful Non-ComplianceDisruption of ProceedingsMeritleless ArgumentsSanctions
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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