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. ADJ9719826
Regular
Aug 12, 2016

ABIGAIL FLORES vs. RISSE CONSTRUCTION CO., AMTRUST NORTH AMERICA

This case involves a defendant's petition for reconsideration of a $\$1000$ sanction order for bad-faith actions. The sanction was imposed due to the defendant's egregious delay and frivolous objections in paying a $\$180$ interpreter's lien, which took over eight months and required multiple billings and a court order. The Workers' Compensation Appeals Board denied the petition, upholding the WCJ's finding of frivolous conduct intended to cause unnecessary delay. The Board also affirmed that due process was satisfied by providing the defendant notice and an opportunity to respond to the sanctions.

WCABPetition for ReconsiderationSanctionsOrder Imposing SanctionsBad Faith ActionsFrivolous ConductWCJLien ClaimUnnecessary DelayCertified Interpreter
References
6
Case No. ADJ6679249
Regular
Jun 08, 2010

GREG TOBER vs. GARVEY SCHOOL DISTRICT; PERMISSIBLY SELF-INSURED, ADMINISTERED BY YORK, FORMERLY SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) order imposing sanctions under Labor Code section 5813. The original order found the defendant's attorney liable for sanctions due to alleged bad-faith actions and unnecessary delay in responding to discovery requests. Upon review, the WCAB granted reconsideration, rescinded the original order, and denied both the applicant's petition for attorney's fees and the defendant's petition for sanctions. The WCAB determined that while there was a delay, the defendant's actions did not meet the legal threshold for bad faith, frivolousness, or intentional delay required by section 5813.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationLabor Code section 5813SanctionsWCJdiscovery issuebad faithfrivolousunnecessary delayPetition for Discovery Order
References
0
Case No. VNO 0528338
Regular
Jun 12, 2007

GUILLERMO REYES vs. CITY OF LOS ANGELES

This case concerns a police officer's heart and hypertension injury, with the WCJ finding the employer unreasonably delayed permanent disability payments and frivolously disputed apportionment, warranting penalties. Both parties petitioned for reconsideration: the applicant argued the 15% increase for delayed benefits should apply to his life pension, while the employer challenged the penalties. The Board denied both petitions, affirming that Labor Code § 4658(d)(2)'s 15% increase applies only to permanent disability indemnity and not to life pension payments.

WCABGuillermo ReyesCity of Los Angelesself-insuredpolice officercumulative injuryhearthypertensionpermanent disabilitypermanent disability benefits
References
1
Case No. ADJ2831423
Regular
Jun 21, 2010

REINARD WILSON vs. CINCINNATI BENGALS

This case involves a dispute over permanent disability payments awarded by the California Workers' Compensation Appeals Board (WCAB). The defendant, Cincinnati Bengals, stopped payments based on an Ohio court order, which was later vacated by a federal court. The WCAB affirmed the original award, finding the defendant's delay in resuming payments unreasonable under Labor Code section 5814, justifying a penalty. However, the WCAB reversed sanctions under section 5813, finding the Ohio litigation, while ultimately unsuccessful, was not frivolous or solely intended to cause delay.

WCABPermanent Disability PaymentsLabor Code Section 5813Labor Code Section 5814Unreasonable DelayFrivolous TacticsSanctionsAttorney's FeesOhio Court OrdersInjunction
References
0
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
0
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
0
Case No. 13 AD3d 199
Regular Panel Decision

Heilbut v. Heilbut

This protracted 14-year case, 'Heilbut v. Heilbut', involves the Appellate Division's decision to impose sanctions against defendant Francis Heilbut and his attorney, Jack S. Dweck. The court found defendant's recent appeal frivolous, citing a history of delaying and obfuscating tactics in the underlying divorce and equitable distribution proceedings. Defendant had previously been held in contempt for non-compliance with court orders concerning the sale of marital property. The opinion emphasizes defendant's relentless campaign to prolong litigation despite numerous warnings. Consequently, plaintiff Monika Heilbut was awarded costs and attorney's fees, and significant sanctions were levied against both defendant and his counsel for their frivolous appellate practice.

Frivolous AppealSanctionsAttorney MisconductContempt of CourtDivorce ProceedingsEquitable DistributionAppellate ProcedureDelay TacticsVexatious LitigationNew York Law
References
5
Case No. ADJ6973825
Regular
May 21, 2012

MONICA BENARD vs. JENNY CRAIG, SEDGWICK CMS

This case concerns a penalty imposed on Jenny Craig for unreasonably delaying authorization for applicant Monica Benard's chiropractic treatment. The WCJ found a 25% penalty for the delay, which Jenny Craig appealed, arguing the delay was due to the applicant's choice of a chiropractor outside their Medical Provider Network (MPN). The Appeals Board affirmed the unreasonable delay finding but reduced the penalty to 20% of the delayed treatment's value, citing a failure in case management rather than intentional disregard. Jurisdiction was reserved for the parties to adjust the penalty amount.

Workers Compensation Appeals BoardMonica BenardJenny CraigSedgwick CMSADJ6973825ReconsiderationFindings and AwardLabor Code section 5814Medical Provider Network (MPN)chiropractic treatment
References
9
Case No. ADJ8965291; ADJ10451326; ADJ10750348; ADJ15382349; ADJ15382351; ADJ16951068; ADJ16951573; ADJ16953628; ADJ16953629; ADJ16124753; ADJ16124750; ADJ17290772; ADJ16953860
Significant

ALFREDO LEDEZMA, et al., Applicants vs. KAREEM CART COMMISSARY AND MFG; STATE COMPENSATION INSURANCE FUND, et al., Defendants

The Workers' Compensation Appeals Board imposes sanctions totaling $40,000 against attorneys Susan Garrett and Lance Garrett for filing multiple frivolous petitions for reconsideration with the intent to delay trial proceedings.

SanctionsLabor Code § 5813WCAB Rule 10421Petition for ReconsiderationFrivolous LitigationUnnecessary DelayImproper MotiveAttorney FeesCostsEn Banc Decision
References
5
Case No. ADJ13332737, ADJ15218980, ADJ12640295
Significant

ABEL HIDALGO, et al. vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al.

The Workers' Compensation Appeals Board imposed sanctions totaling $15,000 against attorneys Susan Garrett and Lance Garrett for filing frivolous petitions for reconsideration with the willful intent to disrupt or delay court proceedings.

Labor Code Section 5813SanctionsWillful IntentImproper MotiveIndisputably Without MeritPetitions for ReconsiderationDelay of ProceedingsReasonable ExpensesAttorney's FeesEn Banc Decision
References
5
Showing 1-10 of 1,567 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