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Case Law Database

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

Case No. ADJ8067615

Regular

Apr 15, 2015

Latonia Bowman vs. SARA LEE CORPORATION, ACE AMERICAN INSURANCE COMPANY

This case involves an attorney's request to be relieved due to irreconcilable differences with his client. The applicant had accused the attorney of misconduct and collusion with the insurance company. Although the applicant later expressed remorse and a desire to be a better client, the Appeals Board found the attorney-client relationship had irrevocably deteriorated. Consequently, the Board granted the attorney's petition and relieved his firm as counsel for the applicant.

Petition for RemovalDismissal of AttorneyIrreconcilable DifferencesAttorney-Client PrivilegeMisconductFraudCollusionBreakdown of RelationshipWorkers' Compensation Appeals BoardWCJ

References

Case No. ADJ301960 (VNO 0479189) ADJ963491 (VNO 0468662) ADJ1360597 (VNO 0457429)

Regular

Jun 16, 2018

MICHAEL AYALA, THOMAS CASE, TOMMY VASQUEZ vs. DEPARTMENT OF CORRECTIONS, REHABILITATION/LANCASTER STATE PRISON, STATE COMPENSATION INSURANCE FUND, STATE CONTRACTS SERVICE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to further study the applicants' claims of serious and willful misconduct by the defendant and allegations of evidence destruction. Applicants Michael Ayala and Tommy Vasquez sought increased compensation based on these claims. A newly discovered document, purportedly a destroyed Chrono 128-B, was submitted by applicants as newly discovered evidence. The WCAB accepted the supplemental pleadings but deferred ruling on the admissibility of the new evidence and its impact on the case to the trial level. Consequently, the previous Joint Findings of Fact have been rescinded, and the matter is remanded for further proceedings.

Workers' Compensation Appeals BoardSerious and willful misconductCollusionDestroyed evidenceNewly discovered evidence128-B ChronoRescindedReturned to trial levelJoint Findings of FactPetition for Reconsideration

References

Case No. ADJ6909770 ADJ6965468 ADJ7253924 ADJ7252123

Regular

Dec 03, 2010

SYLVIA SANTOS vs. GUARD MANAGEMENT, INC., INSURANCE COMPANY OF THE WEST

This case involves Sylvia Santos's petition for reconsideration after her request to disqualify the presiding workers' compensation judge was denied. The basis for her disqualification petition, and subsequently her reconsideration request, was her unsubstantiated allegation of ex parte communications between the judge and the opposing party. The Board denied reconsideration, finding that Santos failed to provide specific facts demonstrating actual bias or prejudice by the judge. Therefore, the matter will return to the trial calendar for further proceedings.

WORKERS' COMPENSATION APPEALS BOARDPETITION FOR RECONSIDERATIONDENIAL OF PETITIONDISQUALIFICATION OF JUDGEPRESIDING WORKERS' COMPENSATION ADMINISTRATIVE LAW JUDGEPWCJ REPORTORDER DENYING DISQUALIFICATIONVEXATIOUS LITIGANTEX PARTE COMMUNICATIONSBIAS

References

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Latonia Bowman vs. SARA LEE CORPORATION, ACE AMERICAN INSURANCE COMPANY

Petition for RemovalDismissal of AttorneyIrreconcilable DifferencesAttorney-Client PrivilegeMisconductFraudCollusionBreakdown of RelationshipWorkers' Compensation Appeals BoardWCJ

MICHAEL AYALA, THOMAS CASE, TOMMY VASQUEZ vs. DEPARTMENT OF CORRECTIONS, REHABILITATION/LANCASTER STATE PRISON, STATE COMPENSATION INSURANCE FUND, STATE CONTRACTS SERVICE

SYLVIA SANTOS vs. GUARD MANAGEMENT, INC., INSURANCE COMPANY OF THE WEST