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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ2569930 (OAK 0314153)
Regular
Aug 25, 2011

LOUIS DOBERT vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to stay workers' compensation proceedings pending the outcome of criminal fraud charges against the applicant. The WCAB agreed with the administrative law judge that a stay was not warranted given the applicant's presumption of innocence and the lack of probable cause shown. The WCAB emphasized that if convicted, benefits could be denied and restitution sought, but a stay would unnecessarily delay claims if acquitted, contrary to constitutional mandates for swift justice.

Workers Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalStay of ProceedingsCriminal ProceedingsWorkers' Compensation FraudInsurance FraudGrand TheftAttempted PerjuryPresumption of Innocence
References
Case No. ADJ9447602
Regular
Aug 28, 2018

SANDRA SAUCEDO vs. COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration to address the defendant's challenge to a prior order regarding the stay of Mesa Pharmacy's lien. Due to the complexity of issues surrounding Mesa Pharmacy's ownership and alleged criminal connections, and to prevent inconsistent rulings, over 19,000 cases, including this one, were consolidated for efficient adjudication. The Board rescinded the prior finding regarding Mesa's lien, allowing it to be heard within the consolidated proceedings, while affirming the decision concerning another lienholder.

WCABPetition for ReconsiderationFindings of Fact and OrderLabor Code Section 4615Stay of LienOrder of ConsolidationMesa PharmacyJohn GarbinoCriminal ProceedingsWCJ William Gunn
References
Case No. ADJ8926118
Regular
Feb 01, 2018

VICTOR GUALIP SANCHEZ vs. A TO Z HOME REPAIR, INC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted lien claimant Firstline Health's petition for removal, finding the administrative law judge (WCJ) prematurely stayed their lien under Labor Code section 4615. The WCJ's determination that the lien was stayed, based on alleged criminal indictments of individuals associated with the lien claimant, was made without admitted evidence. The Board amended the WCJ's minute order to reflect this, and the matter will return for further proceedings where evidence can be presented.

Labor Code section 4615Petition for RemovalLien claimantWCJAutomatic stayCriminal chargesFraudMedical treatment servicesMedical-legal servicesIndictment
References
Case No. ADJ3897299 (ANA 0372417)
Regular
Aug 19, 2009

CARMEN SANTANGELO vs. NEWPORT MESA UNIFIED SCHOOL DISTRICT, KEENAN \u0026 ASSOCIATES

The Workers' Compensation Appeals Board denied Daniel Escamilla's petition for removal, which sought to rescind an order denying his requests for an appointed attorney and paid trial transcripts. The Board found that the administrative law judge correctly determined that the authority to remove a representative's privilege to appear before the Board rests solely with the Board itself, not the WCJ. Issues of sanctions and attorney fees under Labor Code section 5813 were also not deemed quasi-criminal, further supporting the denial. The matter was returned to the trial level for further proceedings.

Petition for RemovalWorkers' Compensation Appeals BoardAppointment of AttorneyTrial TranscriptsIndigencyLivelihoodLien ClaimantsQuasi-Criminal ProceedingsRevocation ProceedingsLabor Code Section 4907
References
Case No. ADJ8492547
Regular
Oct 18, 2019

HECTOR ACEVEDO vs. SUN HO CORPORATION dba TREIU CHAU RESTAURANT, FARMERS TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board rescinded the prior findings that National Script Pharmacy's lien was stayed under Labor Code section 4615. This case, along with others involving National Script Pharmacy, has been consolidated into a master file to address common factual and legal issues regarding the applicability of section 4615. The matter is returned to the trial level for further proceedings consistent with the consolidation order, allowing all parties to be heard. This decision ensures consistent rulings and judicial economy given the complex ownership and criminal proceeding issues surrounding the lien claimant.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantLabor Code Section 4615ConsolidationMaster FileNational Script PharmacyBahar Danesh GharibCriminal ProceedingsJudicial Economy
References
Case No. ADJ6989091
Regular
Sep 20, 2018

DAMARIS ORTIZ vs. PHOENIX HOUSE OF CALIFORNIA, REDWOOD FIRE & CASUALTY INSURANCE COMPANY

This case concerns a lien claimant, Mesa Pharmacy, seeking reconsideration of a WCJ's order to stay its lien under Labor Code section 4615. The WCJ found Mesa was statutorily "controlled" by an individual criminally charged with fraud related to workers' compensation. The Appeals Board granted reconsideration, rescinded the WCJ's order, and returned the case to the trial level for further proceedings. This decision vacates the prior submission to facilitate consolidation with over 12,000 other cases involving Mesa Pharmacy.

Labor Code section 4615Petition for ReconsiderationFindings and OrderOrder of ConsolidationLien ClaimantWCJStay of LiensCriminal FraudFinancial CrimePraxsyn Corporation
References
Case No. ADJ8804520
Regular
Feb 15, 2019

WENJU LIU vs. CALIFORNIA COMMERCE CASINO, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted Firstline Health, Inc.'s petition for reconsideration regarding a stay on its lien claim under Labor Code section 4615. The Board found the original judge's decision lacked sufficient evidence to prove Firstline was "controlled" by a criminally charged provider as defined by statute. Due process concerns regarding judicial notice and the opportunity to be heard also factored into the decision. The case is remanded for further proceedings to develop the record on the control issue and ensure proper due process.

Labor Code section 4615Lien claimantPetition for ReconsiderationJudicial noticeDue processDIR listCriminal chargesControlled entitySection 139.21Findings and Order
References
Case No. ADJ9427419
Regular
Aug 21, 2018

RAMIRO ESPINOZA vs. BALDWIN CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

This case concerns whether Reshealth Medical Group's lien is subject to a stay under Labor Code section 4615 due to the criminal indictment of Eric Schames. The Workers' Compensation Appeals Board (WCAB) rescinded the prior finding that the lien was stayed, finding insufficient evidence that Schames controlled Reshealth Medical Group as an officer, director, or 10% shareholder. The Board determined the defendant failed to meet its burden of proof and returned the case for further proceedings to clarify Schames' affiliation and the application of the "controlled entity" definition.

Labor Code section 4615Lien claimantPetition for ReconsiderationFindings of Fact and OrderAdministrative Law JudgeBurden of ProofDIR listEAMS notationCriminal indictmentOfficer or director
References
Case No. ADJ4301180
Regular
Sep 16, 2019

DELINDA WINFIELD vs. COUNTY OF RIVERSIDE

The Workers' Compensation Appeals Board (WCAB) denied the lien claimant's petition for reconsideration. The WCAB found that once a lien is stayed under Labor Code section 4615, jurisdiction to suspend the lien claimant and adjudicate the lien shifts to the Administrative Director (AD), not the WCAB. Therefore, the WCAB correctly declined to rule on the lien claimant's contention regarding the connection to criminal activity. Any adjudication of the lien's validity, if not arising from criminal conduct, will occur through special lien proceedings overseen by the AD.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantLabor Code section 4615Administrative DirectorDepartment of Industrial RelationsJurisdictionSpecial lien proceedingsCriminal indictmentConspiracy
References
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