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

Case No. ADJ6766189
Regular
Jul 03, 2012

MIRNA CERRATO AGUILAR vs. BEVERLY PAVILION ASSOCIATES, FIRSTCOMP OMAHA

This case involves a petition for reconsideration filed by Anna Montes, a hearing representative, regarding a $1,500 sanction imposed by the WCJ. Montes was sanctioned for her "insolent, obstructive, disrespectful and frivolous" conduct during a workers' compensation trial involving her client, Dr. Anguizola. The Appeals Board denied Montes' petition, adopting the WCJ's report which detailed how her behavior caused unnecessary delay and wasted Board resources. The Board reiterated that representatives must conduct themselves professionally and ethically, adhering to rules against bad faith tactics that cause delay.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationIndustrial InjuryRoom AttendantLien ClaimantMedical TreatmentPenaltyInterestInsolent Conduct
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ4230639
Regular
Nov 05, 2010

GARY FOSTER (Deceased), MANUEL VILLARREAL vs. RPI COATING, INC., SCIF INSURED FRESNO

This case involves the imposition of $\$ 250.00$ in sanctions against defendant's counsel, Sylvia Bedrossian, and her client, SCIF. The sanctions were issued for engaging in bad faith and/or frivolous conduct by failing to provide proper evidentiary citations and attaching documents not in evidence to a petition for reconsideration. The Appeals Board found this conduct wasted its limited resources. The matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalSanctionsLabor Code section 5813Board Rule 10561Bad Faith ConductFrivolous ConductImproper CitationsUnacknowledged ExhibitsPetition for Reconsideration
References
Case No. ADJ7309746
Regular
Sep 21, 2017

JESUS SUAREZ ORDAZ vs. SEAMAN NURSERIES, INC., AMERICAN CLAIMS

This case involves a dispute over legal fees and costs awarded by a Workers' Compensation Appeals Board (WCAB) judge against a lien claimant, The Nielsen Firm. The judge had previously ordered Nielsen to pay $\$ 5,550.00$ to Central Valley Injured Worker Legal Clinic for frivolous and unreasonable conduct. Nielsen sought reconsideration, arguing its actions did not constitute bad faith. The WCAB granted reconsideration, reducing the awarded amount to $\$ 3,150.00$, specifically removing fees for hearing dates that were continued due to administrative reasons beyond the parties' control.

WCABPetition for ReconsiderationFindings of Fact and Orderlien claimantfrivolous conductunreasonable conductattorney feeslegal costsCompromise and Releaseapplicant attorney fees
References
Case No. ADJ4468432 (LAO 0811641)
Regular
Mar 24, 2014

JOSE LUIS TAMAYO vs. SUPER REMATE LATINO, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Appeals Board dismissed former attorney Dean Donin's petition for reconsideration of a Compromise and Release agreement. Donin claimed he was not served and that no attorney fees were awarded to him. However, the agreement and Order Approving Compromise and Release clearly provided him a $900 fee, and evidence showed he received and deposited the payment. Therefore, Donin was not aggrieved, and his petition was dismissed as both lacking merit and untimely. The Board strongly admonished Donin for filing such petitions without verifying facts and warned of potential sanctions for frivolous conduct.

Workers' Compensation Appeals BoardCompromise And ReleasePetition for ReconsiderationAttorney's FeesUninsured Employers Benefits Trust FundAggrieved PartyTimelinessLabor Code § 5900(a)EAMSSanctions
References
Case No. ADJ2855152
Regular
Apr 23, 2009

KAM PING CHU vs. WESTIN ST. FRANCIS HOTEL/STARWOOD HOTELS & RESORTS, ZURICH INSURANCE INSURANCE

This case involves an applicant's petition for reconsideration of a workers' compensation award. The Workers' Compensation Appeals Board (WCAB) denied reconsideration, upholding the judge's finding that the applicant sustained industrial injuries to her lower extremities. The judge awarded a $16\%$ permanent disability and also found that the defendant unreasonably delayed paying an interpreter's fees, leading to a $25\%$ penalty. However, the judge found no unreasonable delay in other areas, no frivolous conduct, and therefore no additional attorney fees or sanctions. The applicant argued the initial claim denial was untimely, precluding claims of genuine doubt, but the WCAB adopted the judge's reasoning in denying the petition.

Workers' Compensation Appeals BoardIndustrial InjuriesLower ExtremitiesFeetHousekeeperZurich InsuranceUnreasonably DelayedInterpreter's FeesLabor Code Section 5814Permanent Disability
References
Case No. Misc. No. 254
En Banc
Feb 14, 2013

vs. Daniel Escamilla

The Workers' Compensation Appeals Board suspends Daniel Escamilla's privilege to appear before it as a non-attorney representative for 90 days, finding good cause due to a repeated pattern of sanctionable conduct, including frivolous filings and misrepresentations of fact.

Labor Code section 4907nonattorney hearing representativeprivilege to appearWCABgood causefrivolous conductsanctionsLabor Code section 5813WCAB Rule 10561willful misrepresentation
References
Case No. MON 0325089 MON 0325090
Regular
Oct 05, 2007

NORA MEDEARIS vs. COUNTY OF LOS ANGELES

This case concerns the denial of an applicant's petition for reconsideration of a workers' compensation award. The applicant sought further temporary disability benefits beyond the 104-week limit imposed by Labor Code § 4656(c)(1). The Workers' Compensation Appeals Board denied the petition, finding the applicant failed to prove equitable estoppel against the defendant's application of the statutory limit, despite the defendant's initial refusal to authorize shoulder surgery. The Board adopted the WCJ's reasoning that the applicant did not demonstrate reliance on any conduct by the defendant that prevented her from timely pursuing authorization for the surgery.

Workers' Compensation Appeals BoardNora MedearisCounty of Los AngelesPermissibly Self-InsuredMON 0325089MON 0325090Opinion and Order Denying Petition for ReconsiderationInterim Joint Findings and AwardCentral Services TechnicianIndustrial Injury
References
Case No. ADJ768780 (FRE 0249044)
Regular
Aug 31, 2015

ANDRE PARENTEAU vs. GRIEF BROTHERS, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and modified a prior order, affirming the award of $5,252.50 in attorney's fees and costs against lien claimant AMR Group. While acknowledging AMR Group's egregious and meritless conduct, including filing a faulty Declaration of Readiness to Proceed, the WCAB rescinded a separate notice of intent to sanction. This second sanction notice was deemed improper as a prior WCJ had already addressed and dismissed a similar sanction for the same conduct. The WCAB emphasized that reissuing a sanction notice for the same actions violated due process.

Petition for ReconsiderationLien ClaimantDeclaration of Readiness to ProceedAttorney's FeesCostsNotice of Intent to SanctionEgregious ConductFrivolous ConductWCJAdjudicated
References
Case No. ADJ2572472 (STK 0211277)
Regular
Dec 16, 2013

Eugene Bogarin vs. CITY OF STOCKTON

The defendant sought reconsideration of a decision denying sanctions against the applicant's attorney for alleged bad faith. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the administrative law judge's finding that no sanctionable conduct occurred. While not finding the conduct warranting sanctions in this instance, the WCAB strongly admonished both the applicant's attorney and his clinic for filing a seemingly frivolous Petition to Reopen without client communication, which wasted resources. The WCAB cautioned that future similar conduct could be deemed sanctionable.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderAdministrative Law JudgeSanctionsLabor Code Section 5813Appeals Board Rule 10561Attorney's FeesCostsPetition to Reopen
References
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