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

Case No. ADJ6780757
Regular
Oct 05, 2011

DOUGLAS MURREY vs. CITY OF RICHMOND, YORK

The Workers' Compensation Appeals Board denied reconsideration of the applicant's case against the City of Richmond and York. The Board adopted the WCJ's report and admonished the defendant for referencing excluded evidence in their petition. The defendant's actions were noted as potentially frivolous and delay-seeking, warranting possible sanctions. Parties are advised to adjust the start date of permanent disability indemnity, with the option to reopen if agreement is not reached.

WCABReconsideration deniedexcluded evidencedeposition testimonyjournal articlesbad-faith tacticsfrivolousdelay tacticsLabor Code section 5813Rule 10561
References
Case No. ADJ11080934
Regular
Oct 28, 2025

JUAN MARTINEZ vs. CREAM OF THE CROP AG SERVICE, INC.; CA FARM MANAGEMENT, INC.

The applicant, Juan Martinez, sought reconsideration of a prior decision that reversed a Workers' Compensation Administrative Law Judge's (WCJ) order imposing sanctions against the defendant for alleged frivolous tactics. The Appeals Board originally found insufficient evidence of bad-faith conduct by the defendant, Cream of the Crop AG Service, Inc. and CA Farm Management, Inc. In this petition, the applicant sought clarification on the standard of review and claimed certain issues were not addressed. The Board denied the applicant's petition, reiterating its finding that the defendant's actions did not constitute bad-faith litigation tactics under Labor Code section 5813, and confirmed that the responsibility for pursuing discovery, such as a neuropsychological evaluation recommended by Dr. Bhatia in 2018, did not rest solely on the defendant.

WCABPetition for ReconsiderationLabor Code Section 5813SanctionsAttorneys' FeesFrivolous TacticsBad Faith ConductNeuropsychology EvaluationAdditional PanelsReconsideration Proceedings
References
Case No. ADJ1785113 (LAO 0805120) ADJ3046898 (LAO 0805121) ADJ918089 (LAO 0827742)
Regular
Oct 15, 2012

JOSE DE JESUS VILLA vs. ORANGE BANG, INC., STATE FARM FIRE & CASUALTY COMPANY

This case concerns a lien claimant, Frontier Medical, Inc., appealing sanctions imposed by a WCJ for its "bad-faith actions or tactics." The Appeals Board rescinded the original order, affirming the sanctions but deferring the issues of Frontier's lien, costs, and attorney fees to the trial level. The Board strongly admonished Frontier and its representatives for sanctionable conduct, including litigating a lien without evidence and misrepresenting facts. The matter was returned to the WCJ for further proceedings consistent with the opinion.

Workers' Compensation Appeals BoardReconsiderationSanctionsLien ClaimantJurisdictionDue ProcessLabor Code Section 5813Bad FaithMisrepresentationFrivolous Tactics
References
Case No. ADJ954867 (SFO 0497953)
Regular
Dec 29, 2008

HERBERT BARRIOS vs. DEEP VAC, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board partially granted reconsideration, rescinding the award of attorney's fees for frivolous tactics but affirming the award for expert witness costs and a penalty for unreasonable refusal to pay. The Board found that while SCIF's refusal to pay for the diminished future earnings capacity expert was unreasonable, their actions did not rise to the level of bad faith or frivolous conduct required for sanctions. A dissenting opinion argued to affirm the original award of sanctions, finding SCIF's actions to be unreasonable and in bad faith based on prior unfavorable decisions and testimony from SCIF's claims adjustor.

Diminished Future Earnings CapacityVocational RehabilitationLabor Code section 5811Labor Code section 5814Labor Code section 5813Expert Witness FeesReconsiderationFindings and AwardSanctionsBad Faith Tactics
References
Case No. ADJ4406096 (LAO 0784412)
Regular

JOSE MORFIN vs. WHITE MEMORIAL MEDICAL CENTER

Defendant sought removal from a WCJ's order stipulating to two Agreed Medical Evaluators (AMEs), alleging the WCJ "forced" the agreement. Applicant's attorney and the WCJ countered that defense counsel had agreed to and proposed the AMEs, with the WCJ merely documenting the stipulation. The Appeals Board denied removal as defendant showed no prejudice, but initiated its own removal to address the attorney's alleged false statements and vexatious tactics. Consequently, the Board intends to impose sanctions of up to $2,500 on the defendant and its attorneys for filing a frivolous petition containing misrepresentations.

Workers' Compensation Appeals BoardPetition for RemovalAgreed Medical EvaluatorsWCJSanctionsBad Faith TacticsFrivolousUnnecessary DelayStipulationMisrepresentation of Facts
References
Case No. ADJ7703832
Regular
Nov 16, 2012

WAI SAM LEONG vs. CALIFORNIA STATE UNIVERSITY FULLERTON, LEGALLY UNINSURED, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a workers' compensation claim where the applicant alleged a psyche injury. The defendant's attorney, John Langevin of Floyd, Skeren & Kelly, LLP, engaged in bad-faith tactics by improperly contacting a Qualified Medical Evaluator (QME) and filing a frivolous Petition for Removal. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and intends to impose sanctions, including significant attorney's fees and penalties to the General Fund, against Langevin and his firm for these actions. The WCAB found the defendant's position regarding a clerical error in the QME request to be without merit and solely intended to cause delay.

WCABReconsiderationSanctionsLabor Code 5813WCAB Rule 10561Petition for RemovalPanel QMEClerical ErrorBad Faith TacticsFrivolous
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. ADJ7421461
Regular
Jun 22, 2012

Bryan Cruz vs. KLLM TRANSPORTATION, INC.

The Workers' Compensation Appeals Board granted reconsideration of a dismissal order for failure to prosecute, finding that the applicant's attorneys' petition lacked merit and potentially constituted bad-faith tactics. The Board is issuing a notice of intent to sanction applicant's attorneys, jointly and severally, for up to $1,500 for frivolous actions and tactics, specifically noting a pattern of similar filings. The Board also noted the applicant's attorneys consented to the dismissal at a hearing where the applicant did not appear, and the petition for reconsideration failed to address these critical points. Sanctions are intended to address violations of rules regarding frivolous filings and willful non-compliance.

Petition for ReconsiderationRule 10582Failure to ProsecuteSanctionsLabor Code section 5813Rule 10561Bad Faith ActionsFrivolousUnnecessary DelayNotice of Intention to Dismiss
References
Case No. Misc. No. 257
En Banc
Dec 16, 2015

vs. Javier Jimenez

The Workers' Compensation Appeals Board issued a notice of its intention to suspend Javier Jimenez's privilege to appear as a representative for 180 days due to a pattern of misconduct, frivolous tactics, and failure to comply with sanction orders.

Labor Code section 4907Representative privilege suspensionAppeals Board en bancSanctionsBad-faith actionsFrivolous tacticsLien claimantsLabor Code section 5700 agentWCJDiscovery abuse
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
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