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

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The Workers' Compensation Appeals Board (WCAB) rescinded a finding of contempt against Billing Dynamics for failing to appear at a lien conference.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. 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. 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. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
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. ADJ8574227
Regular
Sep 17, 2013

Victor Morales vs. Fresh Start Harvesting, Sedgwick Claims Management Services

The Workers' Compensation Appeals Board denied reconsideration of a decision finding Victor Morales' injuryAOE/COE. Morales was injured in a motor vehicle accident while traveling in a caravan led by his supervisor to a work site. The WCAB adopted the Administrative Law Judge's report, which concluded the "going and coming" rule did not apply as Morales was following direct employer orders. The evidence supported that the injury occurred within the course and scope of employment.

WCABADJ8574227Petition for ReconsiderationDenialWCJ ReportGoing and Coming RuleAOE/COEIndustrially RelatedCaravanMotor Vehicle Accident
References
Case No. ADJ2023809 (SRO 0103259)
Regular
Mar 07, 2012

Robert Larkins vs. DHL GLOBAL BUSINESS SERVICES, SEDGWICK CMS

The Workers' Compensation Appeals Board denied DHL Global Business Services' petition for reconsideration. The Board found that DHL's unilateral decision to stop direct deposit payments violated a prior order and was sanctionable conduct. The applicant, Robert Larkins, was awarded permanent disability and future medical treatment following a 1998 injury. The Board's decision affirmed the obligation to continue electronic direct deposits and upheld sanctions against DHL for non-compliance.

Workers' Compensation Appeals BoardDHL Global Business ServicesSedgwick CMSRobert LarkinsOrder Denying ReconsiderationDirect DepositSanctionsLabor Code section 5813Petition for ReconsiderationPermanent Disability
References
Case No. VNO 0272543, VNO 0246317
Regular
May 12, 2008

JOSE ACEVES vs. FERNANDO AUTO SALES, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the State Compensation Insurance Fund's petition for removal, overturning an interim decision that disallowed direct testimony from defendant's medical witnesses. The Board ruled that the restrictions on direct medical witness testimony in Rules 10606 and 10727 do not apply when physicians are testifying as percipient witnesses to issues like billing practices or illegal supervision of aides, rather than about the treatment of specific injured workers. Therefore, the testimony of these physicians is now allowed at trial.

Removal petitionInterim Findings and Awarddirect examinationmedical witnessespercipient witnessesadministrative proceduresbilling practicesscope of practiceLabor Code section 5708WCAB Rules 10606
References
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