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. ADJ9274286
Regular
Feb 19, 2015

RAMON CERVANTES vs. CBS OUTDOOR INC.

The Appeals Board denied reconsideration and dismissed removal, upholding the WCJ's findings. Applicant sought contempt charges and attorney's fees due to an ex parte communication with a PQME, but the Board found such remedies discretionary and not mandated under the circumstances. Declaratory relief regarding PQME report admissibility is premature; admissibility will be determined at trial. The Board dismissed removal as reconsideration is the proper procedural remedy for this final order.

ex parte communicationPQMEdeclaratory reliefcontemptsanctionsremovaladmissibility of reportsdiscretionary powerindirect contemptdirect contempt
References
Case No. ADJ3741925 (VNO 0106922) ADJ3558542 (VNO 0106921)
Regular
Jul 06, 2012

MICHELE KOTLARCHICK vs. GENERAL MOTORS CORPORATION

The Workers' Compensation Appeals Board denied General Motors' Petition for Reconsideration regarding a $500 contempt citation. The Board found the defendant's counsel persistently argued a point after the judge ruled against him and warned of contempt. This continued defiance constituted deliberate disobedience and flouting of the court's authority. Additionally, the Board denied the Petition for Removal concerning a discovery order, finding no substantial prejudice or irreparable harm.

Workers' Compensation Appeals BoardMichele KotlarchickGeneral Motors CorporationPetition for ReconsiderationContempt citationVigorous advocacyDefiance of rulingDirect contemptLabor Code § 5309(c)Petition for Removal
References
Case No. ADJ2630339 (GRO 0034290)
Regular
Mar 10, 2011

MIKE REDSTONE vs. GREKA INTEGRATED, INC., CHARTIS COSTA MESA

The Workers' Compensation Appeals Board (WCAB) rescinded a finding of contempt against Billing Dynamics for failing to appear at a lien conference. The WCAB found that a notice of hearing does not constitute a direct order, and that there was insufficient evidence that Billing Dynamics willfully disobeyed a specific order. The Board noted that while contempt is a serious sanction, other sanctions might be applicable if Billing Dynamics' conduct is deemed a bad faith tactic without reasonable excuse. Therefore, the matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantDeclaration of ReadinessContemptOrder to Show CauseWillful DisobedienceNotice of HearingDue ProcessRescinded Order
References
Case No. ADJ3107843 (MON 0208626)
Regular
Oct 05, 2009

CHRIS DERBOGHOSSIAN vs. ALL TUNE & LUBE, ERIE INSURANCE COMPANY, CRAWFORD & COMPANY

The Board affirmed the WCJ's decision except for the attorney's fees award for the applicant's wife deposition; the contempt order was rescinded as the WCJ lacked authority to address indirect contempt.

WCABremovalreconsiderationdisqualificationcontemptindirect contemptLabor Code section 5814transportation expenseattorney feesmedical treatment
References
Case No. ADJ8750255 (MF), ADJ9260421
Regular
Nov 16, 2020

DAVID MARTIN vs. CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES OF SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) granted a petition for reconsideration to amend findings of fact. Petitioners, a lien claimant group, failed to appear at four duly noticed hearings, leading to the WCJ finding them in contempt and ordering attorney's fees and sanctions totaling $3,750. While the WCAB affirmed the sanctions for bad faith conduct under Labor Code § 5813 and former WCAB Rule 10561, it clarified that the WCJ erroneously found contempt, as only the Appeals Board has the authority to issue contempt findings. The WCAB found no good cause for petitioners' repeated failures to appear.

WCABPetition for ReconsiderationSanctionsContemptLabor Code Section 5813WCAB Rule 10561Failure to AppearBad Faith ConductAttorney FeesPetitioners
References
Case No. ADJ270028 (VNO 0373478)
Regular
Mar 12, 2012

LISA TOWNSEND vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board dismissed the lien claimant's first Petition for Reconsideration as untimely and seeking review of a non-final order. The claimant's initial petition was filed after the deadline due to being received after 5 PM on the filing date. However, the Board granted reconsideration of the second petition concerning a contempt order and fine against the lien claimant's representative, to allow further review of the factual and legal issues. The Board also admonished the claimant for violating page limit and document attachment rules in their filings.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder RescindingOrder Allowing LienOrder of ContemptLien ClaimantWCJuntimely petitionnon-final orderdue process
References
Case No. ADJ2823789 (SAC 0369557)
Regular
Jun 18, 2019

PATRICIA WOODS vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Patricia Woods' petition for reconsideration as untimely. The petition was filed more than 25 days after the Administrative Law Judge's decision was served, exceeding the statutory deadline. The WCAB emphasized that failure to file within the jurisdictional time limit prevents the Board from considering the petition. Additionally, the petition failed to provide adequate citations to the record, a requirement for appellate review.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845WCAB Rule 10392Proof of FilingProof of ServiceLegal Uninsured
References
Case No. ADJ7236324
Regular
Oct 23, 2015

MARIA VILCHIS vs. NORWALK MARRIOTT, ZURICH NORTH AMERICAN

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Vilchis's Petition for Reconsideration. The dismissal was based on the applicant's failure to comply with WCAB Rule 10842(b), which mandates specific citations to the record to support evidentiary statements. The Board emphasized that the applicant cannot shift the burden of searching the record to the Appeals Board. This rule is consistent with appellate court procedures requiring proper record citation to avoid waiver of points.

Petition for ReconsiderationWCAB Rule 10842(b)Specific CitationsRecord ReferencesEvidentiary StatementsWaiverBurden of ProofAdministrative Law Judge ReportAppellate RulesDismissal Order
References
Case No. ADJ10070672 ADJ10070673 ADJ10070674
Regular
Sep 12, 2018

JOAO GOMEZ vs. JP ELECTRIC SERVICES, INC, NEW YORK MARINE \& GENERAL INSURANCE COMPANY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a finding of contempt and award of fees against applicant's law firm, Gordon & Gordon. The WCAB found the original order procedurally defective, lacking proper notice and findings for contempt and sufficient documentation for the fee award. While rescinding the sanctions, the WCAB strongly admonished Gordon & Gordon for its repeated failures to appear, stating that proper procedures could have led to valid sanctions. The matter was returned to the trial level for further proceedings.

Petition for ReconsiderationContempt of CourtFee AwardProcedural DefectSubstantive DefectFailure to AppearShow Cause HearingLabor Code Section 5813SanctionsDue Process
References
Case No. ADJ448540 (SAC0317987); ADJ3419059 (SAC0278586); ADJ1478904 (SAC0278587)
Regular
Apr 25, 2023

BRIAN MCDERMID vs. CENTRAL CONCRETE, AMERICAN CASUALTY CO. OF READING, PENNSYLVANIA, ADMINISTERED BY CNA CLAIMS PLUS, CESSNA CITATION, PERMISSIBLY SELF-INSURED, ADMINISTERED BY BROADSPIRE

This case before the Workers' Compensation Appeals Board (WCAB) concerns a Petition for Removal filed by a petitioner. The WCAB is issuing an order to dismiss this petition. The dismissal is based solely on the fact that the petitioner has withdrawn their Petition for Removal.

Petition for RemovalDismissalWithdrawn PetitionMinutes of HearingOrder ConsolidatingWorkers' Compensation Appeals BoardAdjudication NumbersSacramento District OfficeBrian McDermidCentral Concrete
References
Showing 1-10 of 90 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