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

Case No. MON 0280037 MON 0280038
Regular
Aug 01, 2007

TERRI M. CRUMPTON vs. 21ST CENTURY INSURANCE, NATIONAL UNION FIRE INSURANCE COMPANY

This case involves sanctions imposed against Dan Escamilla, the hearing representative for lien claimant David Silver, M.D. Escamilla is ordered to pay $2,500 for his bad-faith and frivolous actions, which were intended to cause unnecessary delay. The matter is returned to the trial level for further proceedings, including a determination of the defendant's reasonable expenses incurred due to Dr. Silver's conduct.

Workers' Compensation Appeals BoardSanctionsBad-faithFrivolousUnnecessary DelayHearing RepresentativeLien ClaimantNotice of IntentionDavid Silver M.D.Dan Escamilla
References
Case No. ADJ4517161 (OXN 0141672) ADJ3871851 (OXN 0141670)
Regular
Jun 13, 2011

CANDICE CHAVEZ vs. COUNTY OF VENTURA

The Workers' Compensation Appeals Board imposed a $2,500 sanction against Dan Escamilla and Legal Service Bureau for filing a frivolous petition for reconsideration. The petition contained materially false statements, including mischaracterizing evidence and making legally unsupported arguments regarding psychiatric injury compensability. Despite Escamilla's attempts to excuse these actions, the Board found them objectively unreasonable and a repeated disregard for practice rules, noting his history of sanctions.

SanctionFrivolous PetitionMaterially False StatementsLegal Service BureauDan EscamillaPORAC Lien ClaimDr. WarickLabor Code 3208.3(b)(1)Psychiatric InjuryPredominant Cause
References
Case No. Misc. No. 254
Regular
Apr 20, 2012

Daniel Escamilla vs. Workers' Compensation Appeals Board

The Workers' Compensation Appeals Board (WCAB) denied Daniel Escamilla's petitions seeking production of eleven sanction case files and clarification of issues. The WCAB found Mr. Escamilla already possessed or had access to the relevant documents and had adequate notice of the issues concerning his alleged misconduct. His objections to providing an offer of proof were deemed untimely and without merit. Consequently, the Board affirmed the existing procedures and denied his requests.

WCABDaniel Escamillasanction proceedingsoffer of proofpetition for removalLabor Code Section 4907suspensionremoval of privilegerepresentativemoral character
References
Case No. ADJ555789 (ANA 0345567), ADJ4086275 (SAC 0272984)
Regular
Jan 19, 2018

MICHAEL CLINK aka HENRY O'REAR vs. WORKMAN CONSTRUCTION INC.; STATE COMPENSATION INSURANCE FUND, GEORGE TWARDUS CONSTRUCTION; HIH AMERICA

The Workers' Compensation Appeals Board denied the State Compensation Insurance Fund's (SCIF) petition for reconsideration. SCIF sought to overturn a prior decision that reduced sanctions against Dr. Silver and Mr. Escamilla and denied SCIF attorney's fees. SCIF argued its own actions were trivial compared to the opposing party's conduct. However, the Board found, as in its previous decision, that SCIF contributed to the case's confusion and unnecessary delay, thus denying its petition.

WCABReconsiderationSanctionsAttorney's FeesLien ClaimantState Compensation Insurance FundDavid Silver M.D.Dan EscamillaLSBMisrepresentations
References
Case No. ADJ1428156 (BAK 0153409) ADJ2078684 (BAK 0154236)
Regular
Apr 24, 2017

DAN HOWARTH vs. YELLOW TRANSPORTATION, INC., SEDGWICK

This case involves a Petition for Reconsideration filed by Dan Howarth. The Workers' Compensation Appeals Board reviewed the petition and the report from the Workers' Compensation Judge. Finding no grounds for reconsideration, the Board adopted the judge's report and denied the petition. Therefore, the applicant's request for reconsideration of the prior decision is rejected.

Petition for ReconsiderationWorkers' Compensation Appeals BoardAdministrative Law JudgeWCJ reportdeny reconsiderationYellow TransportationSedgwickDan HowarthADJ1428156BAK0153409
References
Case No. ADJ1194116 (LAO 0797672)
Regular
Jul 14, 2010

DONNA ORTIZ vs. CROWN TOYOTA, ZURICH NORTH AMERICA, UNIVERSAL UNDERWRITERS GROUP

This case involves a $750 sanction jointly imposed against Daniel Escamilla and Legal Service Bureau for filing a petition for reconsideration without proper diligence. The Appeals Board found that Mr. Escamilla failed to review crucial case documents, including typed minutes of hearing, leading to inaccurate assertions. This lack of diligence wasted judicial resources, although the sanction was reduced due to the possibility the petition was filed without actual knowledge of the falsehoods. The Board cited Mr. Escamilla's history of sanctions in determining the final amount.

Workers' Compensation Appeals BoardSanctionDaniel EscamillaLegal Service BureauPetition for ReconsiderationIgnorance of True FactsMinutes of HearingSummary of EvidenceDiligenceJudicial Resources
References
Case No. ADJ4053275 (VNO 0464664) ADJ4607837 (VNO 0464665) ADJ1300714 (VNO 0464666)
Regular
Jul 21, 2010

KAREN TAMBARA vs. COUNTY OF LOS ANGELES – LAC/USC MEDICAL CENTER

The Appeals Board initially intended to sanction Daniel Escamilla and the Legal Service Bureau (LSB) for filing a frivolous petition for removal based on inaccurate information. However, after reviewing their response, the Board rescinded the sanction. Escamilla's reliance on EDEX data for calendar status, though not fully verified, was deemed not unreasonable under the circumstances presented. The case was then returned to the trial level for further proceedings.

Workers Compensation Appeals BoardRemovalSanctionFrivolous PetitionLegal Service BureauDaniel EscamillaEDEXStatus ConferenceWorkers' Compensation Administrative Law JudgeLab. Code
References
Case No. ADJ1782471 (VNO 0381316) ADJ4122422 (VNO 0381607)
Regular
Sep 25, 2012

Allison Cole vs. Barneys New York, Broadspire

This case involves a dispute over Labor Code Section 5813 costs and sanctions awarded against Dr. David Bresler for bad-faith actions. Dr. Bresler's petition for reconsideration of the award, and a subsequent petition for removal by his representatives, were denied. The Appeals Board affirmed the WCJ's decision, finding Dr. Bresler had been properly notified and afforded due process despite his failure to appear. The Board dismissed the petition for removal as moot because the affected order did not name Legal Service Bureau.

Workers Compensation Appeals BoardAllison ColeBarneys New YorkBroadspireJeffery N. SardellDavid Bresler Ph.D.Legal Service BureauDan EscamillaLabor Code §5813costs and sanctions
References
Case No. ADJ10138122
Regular
Aug 28, 2025

Tinomeneta Taupau vs. State of California, Richard J. Donovan Correctional Facility; Legally Uninsured, with Claims Adjusted by State Compensation Insurance Fund

The petitioner has withdrawn the Petition for Removal of the decision issued on June 18, 2025. Consequently, the Workers' Compensation Appeals Board has ordered that the Petition for Removal is dismissed.

Petition for RemovalWithdrawnDismissedWorkers' Compensation Appeals BoardRICHARD J. DONOVAN CORRECTIONAL FACILITYLEGALLY UNINSUREDSTATE COMPENSATION INSURANCE FUNDAdjudication NumberSan Diego District OfficeCCPOA BENEFIT TRUST FUND
References
Case No. ADJ6769340
Regular
Dec 01, 2019

LUIS ESCAMILLA vs. SOLPAC, INC. DBA SOLTEK PACIFIC, INC., ZURICH AMERICAN INSURANCE COMPANY

This case involves an applicant's petition for reconsideration following a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied the petition, upholding the findings of the workers' compensation administrative law judge (WCJ). The WCJ properly relied on the agreed medical evaluator's (AME) opinion, which the applicant failed to rebut with substantial credible evidence. The applicant's arguments regarding thoracic spine injury were unsupported by the trial record, and the petition attempted to augment the record with unsubmitted evidence.

Luis EscamillaSolpac Inc.Soltek PacificZurich American Insurance CompanyADJ6769340Petition for ReconsiderationWorkers' Compensation Appeals BoardAgreed Medical EvaluatorAMEWCJ
References
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