Updated Daily

Case Law Database

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

Case No. ADJ9116784

Regular

Nov 14, 2014

MICHAEL HERRERA vs. ACTION 2 MAINTENANCE, PREFERRED EMPLOYERS INSURANCE COMPANY

Here's a concise summary of the case for a lawyer: A lien claimant's petition for reconsideration was denied due to untimely filing of a lien and failure to appear at trial. The Appeals Board, on its own motion, granted removal to address sanctions. The Board intends to impose a $2,000 sanction and $525 in attorney fees against the lien claimant and its representative for frivolous and bad-faith actions causing delay. The lien claimant has 15 days plus mailing time to object.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderDismissalAttorney FeesSanctionsLabor Code Section 5813Bad Faith ActionsFrivolous Tactics

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admonished to familiarize itself with Appeals Board rules regarding liens and filings, but sanctions were ultimately withdrawn.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. 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. 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. ADJ9320374

Regular

Jul 29, 2016

KURT KENDELL vs. COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT

This case concerns a county probation officer's claim for psychiatric injury. The applicant alleged his injury stemmed from perceived bad faith personnel actions by his supervisor, including excessive report editing and workload issues. The Workers' Compensation Appeals Board (WCAB) rescinded the prior award, finding the medical evidence regarding causation and the "good faith personnel action" defense was insufficient. The matter was returned to the trial level for further proceedings to develop the record, potentially through an Agreed Medical Examiner or a court-appointed physician, to clarify the causal relationship and the nature of the employer's actions.

Psychiatric injuryGood faith personnel action defenseLabor Code section 3208.3(h)Predominant causeSubstantial evidencePanel Qualified Medical Examiner (PQME)Rolda analysisActual events of employmentLawful nondiscriminatoryMedical probability

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

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. 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. 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

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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. ADJ9116784

Regular

Nov 14, 2014

MICHAEL HERRERA vs. ACTION 2 MAINTENANCE, PREFERRED EMPLOYERS INSURANCE COMPANY

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderDismissalAttorney FeesSanctionsLabor Code Section 5813Bad Faith ActionsFrivolous Tactics

References

Case No. ADJ7977732, ADJ8044285, ADJ8044807

Regular

Nov 07, 2014

OSCAR ALVAREZ vs. EBUS, TRAVELERS INSURANCE COMPANY

References

Case No. ADJ954867 (SFO 0497953)

Regular

Dec 29, 2008

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

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. ADJ9320374

Regular

Jul 29, 2016

KURT KENDELL vs. COUNTY OF SAN BERNARDINO PROBATION DEPARTMENT

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

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. 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. ADJ11080934

Regular

Oct 28, 2025

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

WCABPetition for ReconsiderationLabor Code Section 5813SanctionsAttorneys' FeesFrivolous TacticsBad Faith ConductNeuropsychology EvaluationAdditional PanelsReconsideration Proceedings

References

Showing 1-10 of 1,258 results

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