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

Case No. ADJ8655914, ADJ8475782
Regular
Nov 20, 2019

DAN DIZMON vs. STATE OF CALIFORNIA, FOLSOM STATE PRISON CDCR, Legally Uninsured; STATE COMPENSATION INSURANCE FUND

The Board denied the defendant's petition for reconsideration of its prior order that granted reconsideration and issued a decision. This prior decision found that the applicant's heart injury was a specific injury caused by the stress from his specific back injury, based on the Agreed Medical Examiner's opinion. The Board affirmed its reliance on this medical evidence and found the defendant failed to demonstrate it acted without or in excess of its powers. Finally, the Board rejected the applicant's attempt to raise new issues in his Answer as untimely.

Workers' Compensation Appeals BoardDan DizmonFolsom State PrisonCDCRLegally UninsuredState Compensation Insurance FundPetition for ReconsiderationOpinion and Order DenyingNew and Further DisabilitySpecific Injury
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. ADJ2947144 (SAC 0288806), ADJ4018561 (SAC 0305133)
Regular
Apr 16, 2013

DAN HAGAN vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, STATE COMPENSATION INSURANCE FUND, K-MART and SEDGWICK

The Workers' Compensation Appeals Board (WCAB) granted a Petition for Removal regarding case numbers ADJ2947144 and ADJ4018561. Consequently, the WCAB rescinded the Workers' Compensation Judge's (WCJ) January 22, 2013 decision. The matter has been returned to the trial level for further proceedings and a new decision by the WCJ. This action indicates the WCAB found the original decision flawed and requires additional judicial review.

WCABPetition for RemovalGranting RemovalRescind DecisionReturn to Trial LevelWorkers' Compensation Administrative Law JudgeFurther ProceedingsDecision After RemovalADJ2947144ADJ4018561
References
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. 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. ADJ8237465
Regular
Jun 07, 2013

FABIAN HERNANDEZ vs. RBI FRAMING, DYNAMIC CLAIMS SERVICES, INC.

This case involves sanctions against applicant's counsel for filing a petition for reconsideration without justification and attempting improper discovery after submission. The Board found that counsel's arguments were disingenuous and failed to show good cause for their actions. Consequently, applicant's counsel was ordered to pay a $1,500 sanction jointly and severally.

WCABReconsiderationSanctionsLabor Code § 5813Cal. Code Regs. tit. 8 § 10561Applicant's CounselLaw Offices of Robin JacobsInc.Robin JacobsEsq.
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. ADJ6914890
Regular
Nov 29, 2012

MIGUEL AGUILAR vs. HYDER PROPERTY MANAGEMENT, INSURANCE COMPANY OF THE WEST

This case involves a lien claimant's petition for reconsideration of a prior order denying its reimbursement claim. The lien claimant argued the administrative law judge erred by not relying on specific medical reports. However, the petition was improperly filed and the cited medical reports were not admitted into evidence. Consequently, the Workers' Compensation Appeals Board denied the petition for reconsideration on its merits and due to procedural deficiencies.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings of Fact and OrderCompromise and ReleaseQualified Medical EvaluatorPQMELabor Code Section 5909Operation of LawVerified Pleadings
References
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