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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jul 22, 2011

BEDWORTH-HOLGADO, JODI M. v. HOLGADO, JOSEPH M.

This case involves an appeal concerning an order from the Family Court, Wayne County, which directed petitioner's attorney, Maureen A. Pineau, Esq., to pay $1,600 in attorneys' fees to respondent Allen & O’Brien. The fees were imposed due to a finding of frivolous conduct by the petitioner's attorney in serving a subpoena that sought privileged testimony from a licensed clinical social worker, as protected by CPLR 4508. The appellate court affirmed the finding that the conduct was frivolous and warranted the imposition of costs. The order was modified in the exercise of discretion, updating the deadline for payment of the attorneys' fees to July 22, 2011, while otherwise affirming the original decision.

Frivolous ConductAttorneys' FeesSubpoenaPrivileged TestimonyCPLR 4508Family Court Act Article 6Appellate ReviewJudicial DiscretionCosts SanctionLegal Ethics
References
4
Case No. MISSING
Regular Panel Decision
Dec 09, 2014

CELLINO & BARNES, P.C. v. LAW OFFICE OF CHRISTOPHER J. CASSAR

This appeal arises from a dispute between two law firms concerning attorney's fees. The plaintiff law firm initially represented a client in a personal injury action. The client subsequently discharged the plaintiff and retained the defendant law firms. The plaintiff then commenced an action against the defendants in Erie County, seeking attorney's fees on a quantum meruit basis and alleging frivolous and fraudulent conduct. The defendants moved to dismiss the complaint and to transfer venue. The court granted the dismissal of the second and third causes of action related to frivolous and fraudulent conduct but affirmed the denial of dismissal for the first cause of action and the denial of the motion to transfer venue.

Attorney's FeesCharging LienQuantum MeruitLegal MalpracticeFrivolous ConductFraudMotion to DismissVenue TransferCPLR 3211CPLR 510
References
13
Case No. MISSING
Regular Panel Decision

Matter of Kover

Attorneys Burton Citak and Donald L. Citak appealed orders that imposed sanctions and denied legal fees related to an article 81 guardianship proceeding for Eva Dworecki, an alleged incapacitated person. The attorneys were sanctioned for frivolous conduct, including making misrepresentations and false statements in court filings and arguments, and accusing the court of misconduct, despite previously consenting to the guardianship. The appellate decision, in this concurring opinion by Tom, J.P., found ample support for the Supreme Court's finding that the attorneys' conduct warranted sanctions. The matter was remanded for further proceedings to determine the appropriate costs, reduce the award to judgment, and set reasonable legal fees for the Citak firm's representation of Dr. Dworecki prior to the frivolous filings.

SanctionsAttorneysGuardianshipArticle 81Frivolous ConductAppellate ReviewProfessional MisconductLegal FeesCostsCourt Orders
References
0
Case No. ADJ2572472 (STK 0211277)
Regular
Dec 16, 2013

Eugene Bogarin vs. CITY OF STOCKTON

The defendant sought reconsideration of a decision denying sanctions against the applicant's attorney for alleged bad faith. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the administrative law judge's finding that no sanctionable conduct occurred. While not finding the conduct warranting sanctions in this instance, the WCAB strongly admonished both the applicant's attorney and his clinic for filing a seemingly frivolous Petition to Reopen without client communication, which wasted resources. The WCAB cautioned that future similar conduct could be deemed sanctionable.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderAdministrative Law JudgeSanctionsLabor Code Section 5813Appeals Board Rule 10561Attorney's FeesCostsPetition to Reopen
References
0
Case No. ADJ3562417 (AHM 0139651)
Regular
Apr 02, 2020

JESUS SANTILLAN vs. GBC CONCRETE AND MASONRY CONSTRUCTION, INC., ZURICH AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board decision granted reconsideration and affirmed a prior ruling. The Board adopted the WCJ's report, finding the defendants' conduct "without merit and borders on frivolous." As a result, the original decision was amended to include a $2,276 penalty under Labor Code section 5814, and the defendants were admonished that their conduct could lead to sanctions.

WORKERS' COMPENSATION APPEALS BOARDGBC CONCRETE AND MASONRY CONSTRUCTIONINC.ZURICH AMERICAN INSURANCE COMPANYPetition for ReconsiderationWCJ's reportAMENDED decisionLabor Code § 5813Cal. Code Regs. tit. 8 § 10421sanctions
References
0
Case No. ADJ4230639
Regular
Nov 05, 2010

GARY FOSTER (Deceased), MANUEL VILLARREAL vs. RPI COATING, INC., SCIF INSURED FRESNO

This case involves the imposition of $\$ 250.00$ in sanctions against defendant's counsel, Sylvia Bedrossian, and her client, SCIF. The sanctions were issued for engaging in bad faith and/or frivolous conduct by failing to provide proper evidentiary citations and attaching documents not in evidence to a petition for reconsideration. The Appeals Board found this conduct wasted its limited resources. The matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalSanctionsLabor Code section 5813Board Rule 10561Bad Faith ConductFrivolous ConductImproper CitationsUnacknowledged ExhibitsPetition for Reconsideration
References
0
Case No. ADJ8348504 (MF) ADJ8684732
Regular
Apr 10, 2018

MARIA RIVERA vs. GOODMAN FOOD PRODUCTS, VALLEY FORGE INSURANCE COMPANY, CNA CLAIMS PLUS, SEABRIGHT INSURANCE COMPANY, THE ZENITH INSURANCE COMPANY

This case involved a dispute over Dr. Mohammed's medical-legal bill of $10,307.17, with an initial award including penalties and sanctions against the defendants for frivolous conduct. Following a settlement conference, the parties stipulated to a resolution where defendants would pay Dr. Mohammed $13,000 for his charges and related claims. The Appeals Board rescinded the sanctions against defendants, finding the record did not justify the WCJ's frivolity determination, and approved the parties' settlement stipulations.

Workers' Compensation Appeals BoardReconsiderationMedical-Legal ServicesQualified Medical EvaluatorFrivolous ActionsSanctionsLabor Code Section 5313StipulationsSettlement ConferenceRescind
References
0
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. 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. ADJ9383421
Regular
Oct 26, 2016

MARIA ZAMORA DE RAMIREZ vs. HOSPITALITY STAFFING SOLUTIONS, LLC, ACE INSURANCE

This case involved an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The applicant's new attorney argued that prior counsel, the Law Offices of Robin Jacobs, engaged in bad faith by filing a frivolous attorney's fee lien. The WCAB agreed that while the prior counsel's conduct wasn't entirely frivolous, they were not entitled to an attorney's fee. This was because the services provided were minimal, not performed by a licensed attorney, and lacked proper disclosure of non-attorney staff involvement, thus failing to meet statutory requirements for a reasonable fee.

Workers' Compensation Appeals BoardHospitality Staffing SolutionsAce InsurancePetition for ReconsiderationAttorney Fee LienFrivolous ConductBad FaithLabor Code Section 5813WCAB Rule 10773Reasonable Attorney Fee
References
4
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