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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

Lotocky v. Elmira City School District

Plaintiff Peter Lotocky sued his employer, Elmira City School District, for national origin-based discrimination and retaliation under Title VII. The District moved for Rule 11 sanctions, arguing the plaintiff's claims were frivolous. Plaintiff cross-moved for sanctions, claiming the District's motion was frivolous. The court, presided over by District Judge David G. Larimer, found no clear evidence that plaintiff's claims were implausible or frivolous, noting the EEOC had found reasonable cause to believe discrimination occurred. The court also denied plaintiff's cross-motion, stating the District's interpretation of facts and law was not unreasonable. Consequently, both motions for sanctions were denied without prejudice.

Title VIICivil RightsNational Origin DiscriminationRetaliationRule 11 SanctionsFrivolous ClaimsDeposition TestimonyEEOC FindingFederal CourtEmployment Law
References
5
Case No. ADJ3429954 (RDG 0130970) ADJ522968 (RDG 0130844) ADJ770576 (RDG 0130845)
Regular
Jun 21, 2010

LORETTA CLEMENTS vs. SISKIYOU JOINT COMMUNITY COLLEGE, Permissibly Self-Insured, Adjusted by KEENAN ASSOCIATES RANCHO CORDOVA

In this Workers' Compensation Appeals Board case, the Board initially issued a notice to impose sanctions on the defendant's attorneys for filing a potentially frivolous petition for reconsideration. The defendant's attorney objected, arguing the petition was intended to clarify the date of injury. While the Board found the attorney's explanation ambiguous, they agreed the petition was not frivolous. Consequently, the Board withdrew its notice of intention to impose sanctions.

Workers' Compensation Appeals BoardRemovalSanctionsFrivolous PetitionReconsiderationDate of InjuryClarify FindingsDecision After RemovalWithdrawn NoticeLabor Code Section 5310
References
0
Case No. ADJ2942075
Regular
Jul 30, 2010

GREGORY REES vs. CHABOT-LAS POSITAS COMMUNITY COLLEGE, KEENAN & ASSOCIATES

The Board dismissed the defendant's petition for reconsideration as the underlying order denying the PQME disqualification was procedural, not final. On its own motion, the Board granted removal to address the frivolous nature of the petition. The Board found the defendant's counsel acted in bad faith and frivolously by asserting ex parte communication violations where none existed under Labor Code section 4062.3(h), and thus intends to sanction counsel.

PQME disqualificationex parte communicationLabor Code section 5813frivolous bad faithAppeals Board Rule 10561removal on board motionfinal orderinterlocutory orderssignificant prejudiceirreparable harm
References
7
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. ADJ4405089 (MON 0358509) ADJ1180018 (MON 0358507) ADJ2565398 (MON 0358508)
Regular
Oct 11, 2013

JUAN ZEPEDA vs. PACIFIC GOURMET PRODUCE, ILLINOIS MIDWEST INSURANCE AGENCY for PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY

The WCAB initially considered imposing sanctions on the defendant for a frivolous Petition for Removal lacking legal citation. However, after the defendant delivered a previously disputed $20,000 check to the applicant, the Board reconsidered. Defense counsel apologized for the inadequate petition, claiming good faith belief in their legal position. Ultimately, the Board decided not to impose sanctions but warned that future frivolous filings without legal support may result in penalties.

WORKERS' COMPENSATION APPEALS BOARDRemoval PetitionFrivolousBad FaithSanctionsPetition for RemovalDefense CounselResponseGood FaithLegal Authority
References
0
Case No. ADJ6502736
Regular
Nov 21, 2011

JUAN BARCENAS vs. THE BEST MASTER ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND, New Age Imaging Copy Service

This order imposes a $500.00 sanction against lien claimant New Age Imaging Copy Service for filing a frivolous petition for reconsideration without justification. The Board previously provided notice of its intent to sanction and allowed an opportunity to object, which the lien claimant failed to do. The sanction is for violating Labor Code section 5813 and WCAB Rule 10561(b)(2) regarding frivolous filings. Payment is due within twenty days to the Workers' Compensation Appeals Board for transmittal to the General Fund.

Frivolous petitionSanctionLabor Code section 5813WCAB Rule 10561(b)(2)Lien claimantPetition for reconsiderationNotice of intentionGood causeOpinion and Order Dismissing Petition for ReconsiderationGranting Removal
References
0
Case No. ADJ3389162 (LAO 0852819)
Regular
Mar 26, 2013

Jin Yu vs. CWCM, INC., Y.C., INC., Zenith Insurance

This case involved a lien claimant, Dr. Gromis, whose claim for medical treatment reimbursement was disallowed. The WCAB granted reconsideration, rescinding a $1,000 sanction previously imposed on Dr. Gromis for frivolous bad faith. The Board found that Dr. Gromis' pursuit of his lien was not frivolous, as the issue of applicant's employment was not clearly raised by the defendant prior to the lien trial, and he lacked proper notice of a prior ruling disallowing employment. The Board upheld the disallowance of Dr. Gromis' lien for medical treatment.

Lien claimantReconsiderationSanctionBad faithFrivolous actionEmployment statusCompromise and ReleasePre-trial conference statementFindings and OrderCollateral estoppel
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. ADJ8069337
Regular
Apr 15, 2015

JOSE VALDOVINOS vs. LAGUNA MADISON, INC.; THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to challenge an interlocutory order from the Administrative Law Judge (ALJ) that set a briefing schedule for trial briefs. The WCAB held that reconsideration is only available for final orders, not interim ones that do not determine substantive rights. Furthermore, the WCAB found the defendant's claim of prejudice from the briefing schedule to be frivolous, as it aligns with due process and pretrial discovery principles. Consequently, the defendant's attorneys were admonished for filing a frivolous petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying RemovalPretrial Conference OrderIndustrial InjuryRight ShoulderRight KneeLow BackWindow InstallerSignificant Prejudice
References
6
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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