Updated Daily

Case Law Database

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

Case No. ADJ2569930

Regular

Jul 30, 2012

LOUIS DOBERT vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board dismissed the City and County of San Francisco's petition for reconsideration. The Board affirmed the prior decision to grant removal and rescind a stay of proceedings, which had been sought pending the applicant's criminal fraud trial. The Board reasoned that continuing to provide workers' compensation benefits aligns with the applicant's presumption of innocence. Denying benefits before a conviction would unjustly prejudice the applicant, and restitution can be sought if convicted.

WCABPetition for ReconsiderationPetition for RemovalStay of ProceedingsPresumption of InnocenceWorkers' Compensation FraudInsurance FraudGrand TheftAttempted PerjuryFindings and Award

References

Case No. ADJ1108001

Regular

Dec 13, 2013

ALMA HILL vs. BMCA INSULATION PRODUCTS/GAF BUILDING MATERIALS, AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

This case concerns a clerical error in the Workers' Compensation Appeals Board's November 21, 2013 Opinion and Order. The original order incorrectly listed the District Office as Santa Barbara when it should have been San Bernardino. The Board has issued an order to correct this error, noting that such corrections can be made at any time without further proceedings. The reconsideration proceedings remain pending.

Workers' Compensation Appeals BoardClerical ErrorPetition for ReconsiderationDistrict OfficeSan BernardinoSanta BarbaraOpinion and OrderSupplemental ProceedingsBMCA Insulation ProductsGAF Building Materials

References

Case No. ADJ10327919

Regular

Nov 08, 2019

MARIA SANCHEZ vs. BARON HR, LLC, BISON DATA SYSTEMS, INC., THE HARTFORD, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case involves a clerical error in the service date of a prior Board decision. The Board will correct the service date from October 8, 2019, to November 8, 2019. Separately, the defendant insurer sought reconsideration of a prior award, arguing fraud in the contractual relationship between employers and that insurance coverage disputes are subject to arbitration. The Board granted reconsideration, rescinded the prior award, and returned the matter for further proceedings and a new decision, clarifying that the WCJ should determine employer identity, while insurance coverage issues may proceed to arbitration.

Professional Employer OrganizationPEOLabor Code section 3602(d)general and special employmentjoint and several liabilityarbitrationLabor Code section 5275clerical errorPetition for ReconsiderationFindings and Award

References

Case No. ADJ2704105

Regular

Aug 02, 2013

RACHEL ALEXANDER vs. SUPERIOR COURT OF CALIFORNIA

The Appeals Board rescinded the WCJ's dismissal of Rachel Alexander's workers' compensation case, which occurred before a merits adjudication due to her death. The Board held that the deceased applicant's death does not prevent the determination of accrued benefits for dependents or heirs under Labor Code section 4700. Dismissal without an evidentiary hearing violated due process, as workers' compensation proceedings do not allow for summary judgment motions. The case was returned for further proceedings and a decision on the merits.

Workers' Compensation Appeals BoardReconsiderationDismissalDue ProcessLabor Code section 3202Labor Code section 4700Accrued and unpaid benefitsInjury to respiratory systemInjury to internal systemsHeadaches

References

Case No. Misc. No. 254

Significant

Sep 21, 2011

vs. Daniel Escamilla, Respondent

The Workers' Compensation Appeals Board issued a notice of hearing to consider suspending or removing Daniel Escamilla's privilege to appear as a representative due to a pattern of bad-faith actions, frivolous tactics, and misrepresentations of fact across multiple cases.

Labor Code section 4907Privilege suspensionRemoval of privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctionsHearing representative

References

Case No. Misc. No. 254

En Banc

Sep 21, 2011

vs. Daniel Escamilla

The Workers' Compensation Appeals Board issued a Notice of Hearing to consider suspending or removing Daniel Escamilla's privilege to appear as a representative, citing a history of sanctions for bad-faith actions, frivolous tactics, and causing unnecessary delays.

Labor Code Section 4907Privilege SuspensionRepresentative MisconductBad Faith ActionsFrivolous PleadingsMisrepresentations of FactAppeals Board RulesState Bar RulesWCJ SanctionsHearing Representative

References

Case No. Misc. No. 254

Significant

Sep 21, 2011

vs. Daniel Escamilla

The Workers' Compensation Appeals Board issued a notice for a hearing to consider the suspension or removal of Daniel Escamilla's privilege to appear as a representative, citing a history of repeated sanctions for frivolous petitions, bad-faith tactics, and misrepresentations of fact in multiple cases.

Labor Code section 4907Suspension of privilegeRemoval of privilegeRepresentative privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctions

References

Case No. Misc. No. 254

En Banc

Sep 21, 2011

WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA vs. Daniel Escamilla

Notice of a hearing to consider suspending or removing Daniel Escamilla's privilege to appear before the WCAB due to a pattern of repeated sanctions for bad-faith actions, frivolous tactics, and filing pleadings with false statements of fact.

Labor Code 4907Privilege SuspensionRemoval of PrivilegeBad Faith ActionsFrivolous TacticsUnnecessary DelayWillful Non-ComplianceDisruption of ProceedingsMeritleless ArgumentsSanctions

References

Case No. ADJ3502038 (VNO 0531200) ADJ3850322 (VNO 0531201)

Regular

Oct 21, 2010

MARIA DE LA LUZ PADILLA vs. SUNRISE SENIOR LIVING, INC., HOME ASSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for reconsideration of a Stipulations and Award (S&A) regarding applicant's neck, shoulder, and chest injuries. The defendant claimed mutual mistake and delays by applicant's attorney as grounds to set aside the S&A. However, the WCAB found these allegations insufficient to overturn the executed contract. The matter is returned to the trial level for further proceedings on the defendant's separate petition to set aside the S&A, due to apparent procedural irregularities.

Stipulations and AwardPetition for ReconsiderationPetition to Set AsideMutual Mistake of FactGood CauseDelay in ApprovalService of DocumentEthical BreachesTrial Level ProceedingsWorkers' Compensation Judge

References

Case No. ADJ12226694, ADJ12414651, ADJ12414992, ADJ12414993

Significant

Guillermo Gonzalez, et al., Applicants vs. The Bicycle Casino; Arch Indemnity Ins. Co., administered by Gallagher Bassett, et al., Defendants

The Workers' Compensation Appeals Board imposes sanctions totaling $10,000 against Susan Garrett and Lance Garrett for filing petitions for reconsideration with the willful intent to disrupt or delay trial proceedings.

Workers' Compensation Appeals BoardRemovalSanctionsCostsLabor Code Section 5813Petitions for ReconsiderationWillful IntentDisrupt ProceedingsDelay ProceedingsImproper Motive

References

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Updated Daily

Case Law Database

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

Case No. ADJ2569930

Regular

Jul 30, 2012

LOUIS DOBERT vs. CITY AND COUNTY OF SAN FRANCISCO

WCABPetition for ReconsiderationPetition for RemovalStay of ProceedingsPresumption of InnocenceWorkers' Compensation FraudInsurance FraudGrand TheftAttempted PerjuryFindings and Award

References

Case No. ADJ1108001

Regular

Dec 13, 2013

ALMA HILL vs. BMCA INSULATION PRODUCTS/GAF BUILDING MATERIALS, AMERICAN GUARANTEE AND LIABILITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

References

Case No. ADJ10327919

Regular

Nov 08, 2019

MARIA SANCHEZ vs. BARON HR, LLC, BISON DATA SYSTEMS, INC., THE HARTFORD, UNINSURED EMPLOYERS BENEFITS TRUST FUND

References

Case No. ADJ2704105

Regular

Aug 02, 2013

RACHEL ALEXANDER vs. SUPERIOR COURT OF CALIFORNIA

References

Case No. Misc. No. 254

Significant

Sep 21, 2011

vs. Daniel Escamilla, Respondent

Labor Code section 4907Privilege suspensionRemoval of privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctionsHearing representative

References

Case No. Misc. No. 254

En Banc

Sep 21, 2011

vs. Daniel Escamilla

Labor Code Section 4907Privilege SuspensionRepresentative MisconductBad Faith ActionsFrivolous PleadingsMisrepresentations of FactAppeals Board RulesState Bar RulesWCJ SanctionsHearing Representative

References

Case No. Misc. No. 254

Significant

Sep 21, 2011

vs. Daniel Escamilla

Labor Code section 4907Suspension of privilegeRemoval of privilegeRepresentative privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctions

References

Case No. Misc. No. 254

En Banc

Sep 21, 2011

WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA vs. Daniel Escamilla

Labor Code 4907Privilege SuspensionRemoval of PrivilegeBad Faith ActionsFrivolous TacticsUnnecessary DelayWillful Non-ComplianceDisruption of ProceedingsMeritleless ArgumentsSanctions

References

Case No. ADJ3502038 (VNO 0531200) ADJ3850322 (VNO 0531201)

Regular

Oct 21, 2010

MARIA DE LA LUZ PADILLA vs. SUNRISE SENIOR LIVING, INC., HOME ASSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT

References

Case No. ADJ12226694, ADJ12414651, ADJ12414992, ADJ12414993

Significant

Guillermo Gonzalez, et al., Applicants vs. The Bicycle Casino; Arch Indemnity Ins. Co., administered by Gallagher Bassett, et al., Defendants

Workers' Compensation Appeals BoardRemovalSanctionsCostsLabor Code Section 5813Petitions for ReconsiderationWillful IntentDisrupt ProceedingsDelay ProceedingsImproper Motive

References

Showing 1-10 of 3,865 results

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