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

Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ669922
Regular
Mar 04, 2011

CHARLIE DAVIS vs. COUNTY OF SAN BERNARDINO

This case concerns a petition for reconsideration by Pinnacle Lien Services regarding an order to pay attorney fees and sanctions. Pinnacle argued the WCJ erred in finding their filing of a Declaration of Readiness to Proceed was in bad faith and that the fee award was excessive. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report which found Pinnacle's actions were frivolous and without merit. The Board is returning the matter to the trial level to consider the defendant's request for additional attorney fees and sanctions related to Pinnacle's petition for reconsideration.

Declaration of ReadinessPinnacle Lien ServicesN-Carebad faith actionattorney feessanctionsLabor Code section 5813Compromise and Releaselien conferenceoff calendar
References
Case No. ADJ9116784
Regular
Nov 14, 2014

MICHAEL HERRERA vs. ACTION 2 MAINTENANCE, PREFERRED EMPLOYERS INSURANCE COMPANY

Here's a concise summary of the case for a lawyer: A lien claimant's petition for reconsideration was denied due to untimely filing of a lien and failure to appear at trial. The Appeals Board, on its own motion, granted removal to address sanctions. The Board intends to impose a $2,000 sanction and $525 in attorney fees against the lien claimant and its representative for frivolous and bad-faith actions causing delay. The lien claimant has 15 days plus mailing time to object.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderDismissalAttorney FeesSanctionsLabor Code Section 5813Bad Faith ActionsFrivolous Tactics
References
Case No. ADJ103216 (LAO 0867367)
Regular
Sep 07, 2010

ROSA PALAFOX vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's decision to clarify sanctions imposed on defendant's attorney, Martin Reiner. Reiner sought to cross-examine applicant's attorneys regarding privileged matters, an action the judge deemed frivolous and sanctionable. The Board affirmed the judge's findings that Reiner's petition was frivolous, his actions in altering official documents and threatening opposing counsel were improper, and that sanctions were warranted. The Board clarified that the $1,000 payment to applicant's attorneys should be characterized as attorney's fees and costs under Labor Code section 5813, rather than solely as sanctions.

Workers' Compensation Appeals BoardReconsiderationSanctionsAttorney-Client PrivilegeCrime-Fraud ExceptionFrivolous PetitionLabor Code Section 5813Bad-Faith ActionsAttorney's Fees and CostsDisqualification
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. 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. ADJ9700517
Regular
Oct 05, 2018

JEANNE WILLIAMS vs. CITY OF LOS ANGELES

The Appeals Board rescinded the prior award and returned the case to the trial level for further proceedings. The Board found the original decision on the good faith personnel action defense was unclear and required further development. Specifically, the WCJ must clarify which events constituted lawful, nondiscriminatory, good faith personnel actions. The parties will then need to re-address whether these specific actions were a substantial cause of the applicant's psychiatric injury with the medical evaluator.

Workers' Compensation Appeals BoardPSYCHE INJURYGOOD FAITH PERSONNEL ACTIONLABOR CODE §3208.3(H)TEMPORARY DISABILITYPANEL QUALIFIED MEDICAL EVALUATOR (PQME)DR. ELATROZYROLDA ANALYSISSUBSTANTIAL CAUSELAWFUL PERSONNEL ACTION
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. 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
Case No. ADJ2419683
Regular
Dec 03, 2012

HECTOR VICHEZ vs. AARON BROTHERS ART MARTS, BROADSPIRE FOR AMERICAN MOTORIST INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration and issued a notice of intention to impose sanctions. This action stems from the lien claimant and their representatives' failure to appear at a properly noticed trial and subsequent filing of a petition for reconsideration without acknowledging this critical omission. The Board found their actions to be frivolous, intended to cause delay, and constituted misrepresentations to the Board. Sanctions of up to $2,500, plus attorney fees and costs, may be imposed jointly and severally against the lien claimant and his representatives if they fail to demonstrate good cause to the contrary.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderDue ProcessSanctionsBad Faith ActionsFrivolous TacticsUnnecessary DelayLabor Code
References
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