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

Case No. ADJ8073207
Regular
Mar 07, 2014

STEVEN PRISK vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

The Appeals Board granted reconsideration and affirmed the WCJ's decision awarding applicant industrial psychiatric injury, temporary disability, and further medical treatment against the Los Angeles Unified School District. The Board amended the decision to clarify the Labor Code section 5814 penalty for unreasonably withheld temporary disability benefits is capped at $10,000. The Board strongly condemned the defendant's petition for its numerous mischaracterizations, frivolous arguments, and unprofessional tone, cautioning against future violations. The defendant's arguments regarding asbestos exposure and termination were deemed irrelevant or unsubstantiated.

Workers' Compensation Appeals BoardPsychiatric InjuryCumulative TraumaTemporary DisabilityLabor Code Section 5814PenaltyReconsiderationAdministrative Law JudgeMedical TreatmentAsbestos Exposure
References
Case No. ADJ17195356; ADJ17201936
Regular
Sep 26, 2025

Kenny Henry vs. ACCO Engineered Systems, Liberty Mutual

Defendant filed a petition for removal challenging an order issued on October 10, 2024, by the workers' compensation administrative law judge (WCJ), which set the matter for trial and permitted the deposition of a qualified medical evaluator (QME). The Workers' Compensation Appeals Board (WCAB) denied the petition, emphasizing that removal is an extraordinary remedy and requires a showing of substantial prejudice or irreparable harm. The WCAB found that the defendant failed to demonstrate such harm and considered some of the defendant's arguments to be frivolous. The board concluded that reconsideration would be an adequate remedy if a final decision adverse to the petitioner ultimately issues.

Petition for RemovalQualified Medical Evaluator DepositionWorkers' Compensation Appeals BoardSubstantial PrejudiceIrreparable HarmReconsiderationSubstantial EvidenceAdmitted EvidenceMinutes of HearingFrivolous Arguments
References
Case No. ADJ2942075 (OAK 0345156)
Regular
Jul 30, 2010

GREGORY REES vs. CHABOT-LAS POSITAS COMMUNITY COLLEGE, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration because it was based on a non-final interlocutory order regarding the disqualification of a PQME. The WCAB, on its own motion, granted removal and intends to sanction the defendant's counsel for filing a frivolous and bad-faith petition for reconsideration. The Board found the argument for PQME disqualification lacked merit, as applicant communications during examination are permitted. The defendant's counsel will be ordered to pay a $500 sanction unless good cause is shown to the contrary.

Workers' Compensation Appeals BoardPetition for ReconsiderationPQME disqualificationex parte communicationLabor Code section 5310removalsanctionsfrivolous litigationbad faith action4062.3
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. ADJ9505821
Regular
Jan 12, 2015

ROUBIK MIRZAIE vs. AUTONATION, ACE USA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding applicant's injury compensable. Defendant sought reconsideration arguing the applicant was on a material deviation from employment. However, the WCAB is also issuing a notice of intention to sanction the defendant and their attorneys for presenting facts not in evidence and failing to comply with procedural rules. Sanctions up to $500.00 may be imposed for these bad-faith tactics.

WCABReconsiderationSanctionsLabor Code § 5813Appeals Board Rule 10561Material DeviationAOE/COEWCJ CredibilityBad-Faith ActionsFrivolous Tactics
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. ADJ3494780
Regular
Oct 17, 2008

WALTER VARGAS vs. COMPOSITE STRUCTURES, ARGONAUT INSURANCE

The Workers' Compensation Appeals Board denied Walter Vargas's petition for reconsideration, upholding the decision that he is not entitled to vocational rehabilitation benefits. The Board found no medical evidence establishing Vargas's eligibility for such benefits, and his arguments based on a dated, unrelated Agreed Medical Examiner report were deemed without merit. The WCAB also indicated that the applicant's pursuit of this appeal may warrant sanctions and attorney's fees due to frivolous and delaying tactics.

Vocational rehabilitationMedical eligibilityRehabilitation UnitCompromise and releaseLabor Code sectionsAgreed Medical Examiner (AME)SanctionsBad faith actionsFrivolousLitigation abuses
References
Case No. ADJ1977669 (LAO 0802562)
Regular
Nov 09, 2020

MYRA RYAN vs. CARLSON MESSER & TURNER, LLP, LUMBERMENS MUTUAL, in liquidation, administered by TRISTAR on behalf of CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns a petition for reconsideration or removal filed by lien claimant David Silver, M.D. and his representative, Dan Escamilla. The Appeals Board denied the petition, finding the WCJ's prior decisions on injury AOE/COE and costs/sanctions were final. The Board also admonished the petitioners for bad faith actions, citing their legally unsupportable and frivolous arguments regarding the medical fee schedule. This conduct constitutes a pattern, and further similar actions may result in sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJ reportfinal ordersubstantive right or liabilitythreshold issueinjury arising out of and occurring in the course of employmentAOE/COElien claimant
References
Case No. ADJ4141215 (MON 0288595) ADJ4160601 (MON 0288596) ADJ2249717 (MON 0300098)
Regular
Dec 27, 2011

DOREEN LABOY vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured; STATE COMPENSATION INSURANCE FUND / STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their argument regarding AMA Guidelines irrelevant due to a prior stipulation to the 1997 Rating Schedule. The WCAB granted removal to issue notices of intention to impose sanctions and award attorney's fees/costs against the defendant and their counsel. This action is based on the defendant's frivolous and bad-faith tactics in raising an issue for the first time on reconsideration that was not previously litigated or argued. The defendant's petition is deemed without merit and solely intended to cause unnecessary delay.

LABOYDOREENSTATE OF CALIFORNIADEPARTMENT OF MENTAL HEALTHSTATE COMPENSATION INSURANCE FUNDJOINT FINDINGS AND AWARDPETITION FOR RECONSIDERATIONREMOVALNOTICES OF INTENTIONORDER TO PAY EXPENSES
References
Case No. ADJ7214982
Regular
Jan 06, 2012

JOAQUIN GONZALEZ vs. NFI INDUSTRIES, ZURICH AMERICAN INS. CO.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's finding that the applicant received proper notice of the defendant's Medical Provider Network (MPN) and was treated within it initially. The Board also initiated sanctions against the applicant's attorney for misrepresenting witness testimony, threatening a $500 penalty unless good cause is shown otherwise. The applicant's arguments regarding non-MPN treatment non-compensability and inadmissibility of reports were rejected based on established precedent and findings of fact. The Board found the attorney's petition frivolous, demonstrating bad faith tactics.

MPNMedical Provider NetworkReconsiderationOrder of RemovalSanctionsLabor Code § 5813Bad Faith ActionsFrivolousWillful FailureImproper Motive
References
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