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. ADJ7104576
Regular
Mar 09, 2012

DEVEL MOORE vs. GAMEWORKS/SEGA AMERICA, INC., MITSUI SUMIMOTO INSURANCE GROUP, MITSUI SUMIMOTO MARINE MANAGEMENT

Lien claimants improperly petitioned for reconsideration of an interlocutory order denying discovery, which is not a final order subject to reconsideration. The Appeals Board dismissed the petition and granted removal on its own motion to address the discovery dispute. The Board also issued a notice of intention to impose sanctions against the lien claimants and their counsel for bad-faith, frivolous actions and unprofessional conduct. Sanctions may be imposed up to $2,500 unless good cause is shown otherwise.

AOE/COEPetition for ReconsiderationLien ClaimantsDiscovery RequestsFinal OrderInterlocutory OrderRemovalSanctionsLabor Code Section 5813Bad Faith
References
7
Case No. A.P. 195-1539-352
Regular Panel Decision

Shapiro v. Halberstram (In Re Halberstram)

This bankruptcy court decision addresses two motions: the Debtor-Defendant's motion to dismiss an 11 U.S.C. § 523 adversary proceeding and the Plaintiffs' motion for sanctions due to discovery non-compliance. The Debtor-Defendant sought dismissal based on procedural irregularities in the summons and complaint, including an incorrect case number, lack of required information, and an unsigned complaint. The court acknowledged the defects but ruled that the Debtor-Defendant's timely answer and active participation without objection constituted a waiver of the service issues. It also found that the deficiencies in the complaint were technical and not fatal, especially since the initial counsel was already sanctioned. Ultimately, both motions were denied, and the court urged the Plaintiffs to obtain new counsel and proceed with discovery to reach the merits of the dispute.

Bankruptcy LawAdversary ProceedingMotion to DismissSanctionsProcedural DefectsSummonsComplaintWaiver of ServicePersonal JurisdictionSubject Matter Jurisdiction
References
19
Case No. ADJ9391781 ADJ9392135 ADJ9391782
Regular
Oct 14, 2018

DAWN WORTH vs. DEPARTMENT OF STATE HOSPITALS COALINGA, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the defendant's Petition for Reconsideration to address potential sanctions. The defendant contended the WCJ erred by barring defense witnesses as a discovery sanction and violating due process. The Board issued a Notice of Intention to Impose Sanctions of $500 against the defendant and its attorney, Ben McGriff, due to alleged bad-faith actions and disrespectful language toward the WCJ in the Petition. The Board is seeking objections to the sanctions before making a final decision on the merits of the petition.

WCABPetition for ReconsiderationStatute of LimitationsDiscovery SanctionDue ProcessLabor Code § 5813WCAB Rule 10561Bad Faith ActionsFrivolous TacticsUnnecessary Delay
References
0
Case No. ADJ9392135 (MF), ADJ9391782, ADJ9391781
Regular
Nov 08, 2018

DAWN WORTH vs. DEPARTMENT OF STATE HOSPITALS COALINGA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed a finding that applicant Dawn Worth sustained industrial back injuries, rejecting the defendant's statute of limitations defense. The Board also imposed $500 in sanctions jointly against the defendant State Compensation Insurance Fund and its attorney, Ben McGriff, for bad-faith actions. These sanctions were due to frivolous language in the defendant's petition that impugned the Workers' Compensation Judge's integrity. The exclusion of defense witnesses was upheld as a proper discovery sanction for the defendant's failure to produce requested statements.

Workers' Compensation Appeals BoardSanctionsLabor Code section 5813WCAB Rule 10561Bad-faith actionsFrivolous tacticsUnnecessary delayDiscovery sanctionDue processStatute of limitations
References
3
Case No. ADJ4221124 (SFO 0508133)
Regular
Jun 19, 2012

THEMAS OLSON (Deceased); VICTORIA OLSON (Widow) vs. CITY OF VACAVILLE

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration of an intermediate discovery order, finding it was not a final order. The Board granted the defendant's petition for removal solely to address potential sanctions against their counsel, George Fögy, and his firm, Stockwell, Harris, Woolverton & Muehl. This notice of intent to sanction stems from alleged misrepresentations within the defendant's petition regarding the origin of Exhibit 1 and the explanation for settlement discrepancies. The Board is giving Fögy and his firm an opportunity to show cause why sanctions up to $2,500 should not be imposed.

WCABPetition for ReconsiderationPetition for RemovalSanctionsLabor Code § 5813Civil Asbestos SettlementExhibit 1In Camera ReviewWork ProductPrivilege Waiver
References
8
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
0
Case No. MISSING
Regular Panel Decision
May 15, 2018

Matter of Center for Discovery, Inc. v. NYC Dept. of Educ.

The Center for Discovery, Inc. appealed a lower court's dismissal of its CPLR article 78 petition against the NYC Department of Education. Petitioner sought reimbursement for additional, mandated services provided to a student with autism, which NYCDE refused to cover. The Supreme Court had dismissed the case, citing a failure to exhaust administrative remedies. The Appellate Division reversed this decision, ruling that NYCDE's definitive refusal to pay constituted an exhaustion of administrative remedies. The matter is remanded to the Supreme Court to determine if NYCDE must reimburse The Center for Discovery for the services it explicitly required.

Education LawSpecial EducationIndividualized Education PlanAdministrative LawReimbursement DisputeCPLR Article 78Appellate ReviewAutism Spectrum DisorderChildren with DisabilitiesGovernment Liability
References
9
Case No. ADJ8034084
Regular
Oct 27, 2015

KEITH CRABTREE (DECEASED) vs. CITY OF TURLOCK, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board (WCAB) imposed sanctions on the City of Turlock and its attorneys for frivolous actions and tactics intended to cause unnecessary delay. The WCAB found that the defendant's arguments regarding lien claimants and discovery deadlines had been previously decided and that the defendant's continued assertion of these meritless points constituted bad faith. Consequently, the defendant and its attorneys were ordered to jointly pay $500 in sanctions and reasonable expenses, with the matter returned to the judge to determine the expense amount.

RemovalSanctionsNurse Case ManagerDue DiligenceBad Faith ActionsFrivolous TacticsLabor Code Section 5813WCAB Rule 10561ObjectionsReasonable Expenses
References
2
Case No. MISSING
Regular Panel Decision

Paese v. New York Seven-Up Bottling Co.

This case concerns a motion for Rule 11 sanctions filed by defendant Soft Drink and Brewery Workers Union, Local 812, against plaintiffs' counsel, Robert L. Ferris. Ferris represented nine former Seven-Up employees in a breach of fair representation claim against Local 812 under the Labor Management Relations Act. The underlying claim arose from Local 812's settlement of a WARN Act suit, with plaintiffs alleging the union failed to disclose material information regarding the settlement's impact on their creditor rights. At trial, Ferris failed to present any evidence demonstrating a causal link between the alleged omissions and the outcome of the ratification vote, which was an essential element of the plaintiffs' claim. The court found Ferris's signing and filing of the Findings of Fact and Joint Consolidated Pre-Trial Order, asserting causation without adequate proof after discovery, to be objectively unreasonable and a violation of Rule 11. Consequently, the defendant's motion for Rule 11 sanctions was granted, and Mr. Ferris was ordered to pay $2,000.00.

Rule 11 SanctionsBreach of Fair RepresentationLabor Management Relations ActWARN ActCausationAttorney MisconductObjective UnreasonablenessPost-Discovery ConductUnion SettlementBankruptcy Stay
References
10
Case No. ANA 0392427
Regular
Dec 21, 2007

RODRIGO MALDONADO DEZA vs. THE HOME DEPOT

The Appeals Board denied the defendant's reconsideration of the award finding applicant sustained an industrial lung injury, upholding the WCJ's decision. The Board also granted removal and will consider imposing sanctions on defendant's counsel for frivolous bad faith tactics in attempting to introduce a late deposition transcript after discovery had closed. Counsel is given the opportunity to object to the proposed sanctions.

ReconsiderationRemovalSanctionsFrivolousBad FaithWCJAgreed Medical EvaluatorVascular SurgeonTreating PhysicianMandatory Settlement Conference
References
3
Showing 1-10 of 2,349 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