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

Case No. ADJ7944481
Regular
Aug 22, 2013

IGNACIO PAZ vs. BENIHANA, INC., ZURICH LOS ANGELES

In this workers' compensation case, multiple lien claimants' liens were dismissed for failure to pay the required activation fee or appear at a lien conference. Their attorney claimed they lacked notice of the conference, but evidence indicates their representative initiated the conference and was served with notice. The Appeals Board granted reconsideration to consider sanctions against the attorney for filing a petition for reconsideration that appears indisputably without merit, potentially based on misrepresentation or failure to investigate facts. The Board intends to impose sanctions on the attorney for alleged bad faith actions under Labor Code Section 5813.

Lien activation feeLabor Code section 5813WCAB Rule 10561Declaration of ReadinessNotice of Hearinglien conferencepetition for reconsiderationbad faith actionfrivolous petitiondue process violation
References
1
Case No. ADJ6722110
Regular
Oct 11, 2013

SERGIO RODRIGUEZ vs. AIR COASTAL FLEET SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board affirmed an administrative law judge's order dismissing a lien claim for failure to pay the required activation fee. The lien claimant, Advance Care Specialist Medical Clinic, and its representatives, Innovative Medical Management and Louis Heard, sought reconsideration, which was granted. However, the Board found no good cause to overturn the dismissal. Subsequently, the Board imposed a $1,000 sanction against Innovative Medical Management and Louis Heard for their failure to respond to a notice of intent to impose sanctions.

Lien activation feeSanctionLabor Code section 5813Appeals Board Rule 10561ReconsiderationWCJ Order Dismissing Lien ClaimNotice of Intention to Impose SanctionsWorkers' Compensation Appeals BoardHearing RepresentativeMedical Clinic
References
0
Case No. ADJ171587
Regular
Dec 21, 2012

MARCUS VASQUEZ vs. MARION RESIDENCE, FIREMANS FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order suspending Integrated Healthcare Recovery Services (IHRS) from appearing before the board. This suspension stemmed from IHRS's failure to pay a $1,000 sanction previously imposed for missing a lien trial. The WCAB has now issued a notice of intent to suspend IHRS unless the sanction is paid within 20 days, citing IHRS's failure to comply with a final order as good cause. IHRS may avoid suspension by paying the sanction or demonstrating good cause to the WCAB.

Labor Code Section 4907Petition for ReconsiderationSuspension of AppearanceWCABWCJSanction OrderLien TrialFinal OrderFailure to PayHearing Representative
References
2
Case No. FRE 0212901
Regular
Jul 23, 2008

JANETTA SCONIERS vs. COLEMAN & HOROWITT, LLP, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, BROADSPIRE

The applicant, Janetta Sconiers, has been declared a vexatious litigant and ordered to pay a $1,000 sanction. This decision stems from her repeated filing of frivolous and duplicative petitions to disqualify the judge and set aside prior orders, despite previous admonitions and sanctions. Consequently, her future filings will require approval from the presiding Workers' Compensation Administrative Law Judge.

Vexatious LitigantPropria PersonaWCJ DisqualificationFrivolous PleadingsBad Faith ConductSanctionsDuplicative FilingsAffirmative ReliefWorkers' Compensation Appeals BoardLabor Code Section 5813
References
3
Case No. ADJ8096523
Regular
Jun 07, 2013

YORCELI MARTINEZ vs. MAGNOLIA AVENUE, INC.; NETHERLANDS INSURANCE CO.,, administered by GOLDEN EAGLE INSURANCE CO.; STAR INSURANCE CO.,, administered by ILLINOIS MIDWEST INSURANCE AGENCY, LLC

The Workers' Compensation Appeals Board granted reconsideration of a dismissed lien claim for Psychological Assessment Services due to a failure to pay a lien activation fee. The Board intends to sanction the lien claimant and its representative up to $1,000 for potentially misrepresenting facts in their petition and failing to comply with statutory obligations. The lien claimant can object to the sanction within 15 days plus mailing time.

Lien Activation FeePetition for ReconsiderationWCJ ErrorFailure to PayLien DismissalSanctionLabor Code Section 4903.06Bad-Faith ActionsFrivolous PetitionUnverified Petition
References
4
Case No. ADJ7448960
Regular
Apr 22, 2013

Marco Altamirano vs. Yafa, A Pen Company, Inc., Employers Compensation Insurance Company

The Workers' Compensation Appeals Board granted reconsideration of the dismissal of lien claimants' claims for failure to pay lien activation fees. The Board issued a notice of intention to impose sanctions of up to $2,500 against the lien claimants' representatives, Qualified Billing and Collections, LLC and Diego S. Plasencia. This action is due to alleged misrepresentations in the Petition for Reconsideration regarding proof of payment of the required fees. The Board found that the petition contained false or misleading statements and lacked specific record references, constituting sanctionable conduct.

Workers Compensation Appeals BoardLien Activation FeeLabor Code Section 4903.06Petition for ReconsiderationWCJSanctionsLabor Code Section 5813Appeals Board Rule 10561Bad Faith ActionsFrivolous Tactics
References
2
Case No. ADJ4571933
Regular
Aug 30, 2013

RAUL ALVARADO vs. DPR CONSTRUCTION, INC., NATIONAL UNION FIRE INSURANCE CO.

The Appeals Board granted the Lien Claimant's Petition for Reconsideration and issued a notice of intention to impose sanctions. The Lien Claimant sought reconsideration of the dismissal of its lien for failure to pay an activation fee. The Board found the Lien Claimant's petition to be frivolous and without merit because the lien had a zero balance at the time of dismissal, meaning it was already resolved and should have been withdrawn. Consequently, the Board intends to sanction the Lien Claimant under Labor Code section 5813 for bad-faith actions.

Lien Activation FeePetition for ReconsiderationOrder Dismissing LienZero BalanceLabor Code Section 5813SanctionsAppeals Board Rule 10561Bad Faith TacticsFrivolousWithout Merit
References
3
Case No. ADJ8204664
Regular
Dec 16, 2013

MARIA MUNOZ vs. FLOREZ FAMILY, INC. dba McDONALD'S RESTAURANT

This case involves a defendant's petition for reconsideration of an interlocutory order by a WCJ regarding the proper selection of a medical panel. The Appeals Board vacated its prior order granting reconsideration, finding that interlocutory orders are not subject to reconsideration. Additionally, the Board granted removal on its own motion due to the defense attorney's failure to respond to a notice of intent to impose sanctions. Consequently, the defense attorney was ordered to pay a $100 sanction to the Workers' Compensation Appeals Board.

Workers' Compensation Appeals BoardReconsiderationSanctionsDefense AttorneyFindings and AwardFindings and OrderLabor Code section 4062.2Labor Code section 5900Interlocutory OrderRemoval
References
8
Case No. ADJ6711975
Regular
Aug 05, 2013

DIONICIO REYES vs. FILOMENA D'AMORE, FIRSTCOMP OMAHA

The Workers' Compensation Appeals Board dismissed a lien claimant's petition to vacate an order dismissing their lien for failure to pay an activation fee. The petition was untimely, filed 59 days after the order was served. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions due to the petition's untimeliness and multiple misrepresentations of fact. The Board is considering imposing a $500 sanction against the lien claimant's representative.

Lien ClaimantPetition to Vacate OrderLien Activation FeeLabor Code section 4903.06Untimely PetitionRemoval on Own MotionNotice of Intention to Impose SanctionsLabor Code section 5813Misrepresented Material FactsWCAB Rule 10842(a)
References
0
Case No. ADJ6497910
Regular
Jun 02, 2010

ALICIA MONTEJANO vs. SUN TREE, LLC, MAJESTIC INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved sanctions against lien claimants Cal Care Medical Institute, Advanced Radiology of Beverly Hills, and their representative Talia Reyes. The sanctions were imposed for multiple failures, including non-appearance at trial and settlement conferences, and failure to respond to a notice of intention to dismiss liens. Additionally, their petition for reconsideration was deemed wholly without merit and non-compliant. As no timely objection was filed, the $100.00 sanction is now confirmed and payable.

Workers' Compensation Appeals BoardLabor Code Section 5813SanctionsLien claimantsFailure to appearMandatory settlement conferencePetition for reconsiderationGood causeHearing representativeNotice of intention
References
0
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