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

Case No. ADJ6747918
Regular
Dec 27, 2010

BERNARD ELKINS vs. SCULLY DISTRIBUTIONS SERVICES, HARTFORD SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the underlying order denying sanctions without prejudice was not a final order. The WCAB also denied the defendant's Petition for Removal, finding no showing of significant prejudice or irreparable harm required for such an extraordinary remedy. The defendant had sought sanctions for alleged frivolous litigation, but the judge ordered them to first resolve venue disputes in a related San Bernardino case. This decision upholds the principle that reconsideration and removal are reserved for final orders or exceptional circumstances.

WCABPetition for ReconsiderationPetition for Removalsanctionsfrivolous litigationbad-faith litigationvenuechoice of venuewithout prejudicefinal order
References
Case No. ADJ982538 (SAC 0225494)
Regular
Jun 09, 2009

GARY SEABROOKS vs. BFI MEDICAL WASTE SYSTEMS, RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Gary Seabrooks' numerous petitions because they were filed without a corresponding final determination. The WCAB removed the case on its own motion to address Seabrooks' pattern of repeatedly filing unmeritorious and harassing documents, which has consumed significant board resources. Consequently, the WCAB has issued a notice of intention to declare Seabrooks a vexatious litigant and impose a prefiling order, restricting his ability to file future documents without prior leave. This action is intended to prevent further abuse of the workers' compensation system and allow for the expeditious resolution of other parties' cases.

Vexatious litigantpropria personapetitions for reconsiderationdismissalremovalnotice of intentionRule 10782Labor Code section 5310unmeritorious petitionsharassment
References
Case No. ADJ909554, ADJ1856854
Significant
Nov 15, 2012

Tito Torres vs. AJC Sandblasting, Zurich North America

The Appeals Board affirmed the disallowance of a lien claim due to the claimant's failure to meet the evidentiary burden of proof, and returned the case to the WCJ to reconsider sanctions for frivolous litigation.

En banc decisionLien claimant burden of proofLabor Code Section 3202.5Labor Code Section 5705Labor Code Section 5813Frivolous litigationBad faithSanctionsAttorney's feesHearing representative
References
Case No. ADJ10731404
Regular
Oct 09, 2018

PRESTON LEE BROWN SCOTT vs. CITY OF LOS ANGELES, OPSEC; THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) is issuing a notice of intention to declare applicant Preston Lee Brown Scott a vexatious litigant. This action is prompted by Mr. Scott's repeated filing of unmeritorious and repetitive claims and petitions, despite being informed of procedural rules and settlement agreements. If declared a vexatious litigant, Mr. Scott will be subject to a pre-filing order requiring him to obtain permission before filing any new documents or applications with the WCAB. This measure aims to prevent further abuse of the judicial process and conserve WCAB resources.

Vexatious litigantAppeals BoardPre-filing orderPropria personaReconsiderationLabor CodeCarve-out agreementADRCompromise and ReleaseSection 132a
References
Case No. FRE 0212901
Regular
Jul 23, 2008

JANETTA SCONIERS vs. COLEMAN & HOROWITT, LLP, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, BROADSPIRE

The applicant, Janetta Sconiers, has been declared a vexatious litigant and ordered to pay a $1,000 sanction. This decision stems from her repeated filing of frivolous and duplicative petitions to disqualify the judge and set aside prior orders, despite previous admonitions and sanctions. Consequently, her future filings will require approval from the presiding Workers' Compensation Administrative Law Judge.

Vexatious LitigantPropria PersonaWCJ DisqualificationFrivolous PleadingsBad Faith ConductSanctionsDuplicative FilingsAffirmative ReliefWorkers' Compensation Appeals BoardLabor Code Section 5813
References
Case No. ADJ3362266 (LAO 0805454)
Regular
Oct 29, 2010

ROBERTO PINEDA vs. CIRCUIT CITY, CIRCUIT CITY SELFINSURED SECURITY FUND

The WCAB dismissed Shandler & Associates' petition for reconsideration because it was filed against an interlocutory order (Notice of Intent to Dismiss Liens), not a final order. Even if treated as a removal petition, it was denied due to a lack of demonstrated significant prejudice or irreparable harm. The Board, however, removed the case on its own motion to consider sanctions against Shandler & Associates for filing a frivolous petition. Sanctions of $250.00 are proposed for bad-faith litigation tactics, payable to the General Fund.

Notice of Intent to Dismiss LiensPetition for ReconsiderationOrder of RemovalSanctionsLabor Code § 5813Interlocutory Procedural OrdersSignificant PrejudiceIrreparable HarmBad-Faith ActionsFrivolous Petition
References
Case No. ADJ7643460 ADJ8909733
Regular
Jan 03, 2020

Tracy Lee vs. XCHANGING, GRANITE STATE INSURANCE

The Workers' Compensation Appeals Board (WCAB) denied applicant Tracy Lee's multiple Petitions for Removal, adopting the reasoning of the workers' compensation judge. The WCAB admonished the applicant that repetitive, meritless filings may lead to a declaration as a vexatious litigant under WCAB rule 10782. This rule outlines criteria for identifying and restricting such litigants, including those who repeatedly relitigate determined issues or file unmeritorious motions. The applicant's continued filings without apparent merit have resulted in this denial and a warning against further vexatious conduct.

Petitions for RemovalVexatious LitigantPropria PersonaMeritless FilingsHarassmentDelayPrefiling OrderReopeningLabor CodeWCJ Reports
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. 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
Case No. ADJ7413020
Regular
Apr 12, 2017

NORINA CLEMENTE vs. CALIFORNIA STATE UNIVERSITY DOMINGUEZ HILLS, Permissibly Self-Insured and Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

This case involves a lien claimant, Physical Rehabilitation Services, petitioning for reconsideration of a WCJ's finding of bad faith under Labor Code section 5813. The WCJ had previously ordered the defendant to itemize litigation costs incurred due to the lien claimant's alleged frivolous actions. The WCAB granted reconsideration, rescinded the original F&O, and returned the matter to the WCJ for further proceedings. This decision was based on the WCJ's own report recommending further record development.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings & Orderbad-faith actionsfrivoloussolely intended to cause unnecessary delayLabor Code section 5813lien claimantrescindedreturned to WCJ
References
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