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

Case No. ADJ7352698
Regular
Mar 20, 2012

Jessica Sanchez vs. Nordstrom Rack

This case involves sanctions imposed on applicant's counsel, Russell L. Glauber and the Law Offices of Glauber and Berenson, for submitting a petition with an already existing exhibit. The Appeals Board found this action violated Rule 10842(c) and rejected the claim of clerical error as an excuse for the duplicative filing. Consequently, counsel was ordered to pay a $250.00 sanction for bad faith actions and tactics.

Workers' Compensation Appeals BoardRemovalSanctionsRussell L. GlauberLaw Offices of Glauber and BerensonLab. Code§ 5813Rule 10842(c)Clerical ErrorBad Faith
References
Case No. ADJ2064794
Regular
Aug 01, 2011

TRINIDAD HERNANDEZ vs. ORECO DUCT SYSTEMS, ULICO CASUALTY COMPANY

This case involves a $\$250$ sanction imposed on applicant's attorney, Peter T. Brown, by the Workers' Compensation Appeals Board. The sanction was for filing a petition for reconsideration that was both skeletal and untimely. Mr. Brown was given an opportunity to object and show good cause, but he failed to do so. Consequently, the Board found the sanction justified and ordered payment.

SanctionsLabor Code § 5813Petition for ReconsiderationSkeletal PetitionUntimely PetitionGood CauseWorkers' Compensation Appeals BoardArbitratorFindings of AwardApplicant Counsel
References
Case No. ADJ8029086
Regular
Mar 21, 2014

GEORGE SANCHEZ vs. MYRON & DAVIS, EVEREST NATIONAL INSURANCE

This Workers' Compensation Appeals Board case, George Sanchez v. Myron & Davis; Everest National Insurance, involves a petition for reconsideration filed by the applicant. The Board granted reconsideration based on an initial review, citing the need for further study of factual and legal issues. This action is intended to ensure a comprehensive understanding of the record and enable a just decision. All future communications in this matter are to be filed in writing with the Office of the Commissioners of the WCAB, not district offices.

Petition for ReconsiderationWorkers' Compensation Appeals BoardADJ8029086San Bernardino District OfficeDecision After ReconsiderationElectronic Adjudication Management SystemStatutory time constraintsFactual and legal issuesJust and reasoned decisionFurther proceedings
References
Case No. ADJ2557196
Regular
Jul 24, 2012

GREGORY THOMPSON vs. CITRUS VALLEY MEDICAL CENTER, KEENAN & ASSOCIATES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a dismissal order. The dismissal for lack of prosecution was improper because the applicant's attorney did not receive proper notice of the defendant's petition to dismiss or the WCJ's notice of intention. The WCAB returned the matter to the trial level for further proceedings. However, the applicant's attorney was admonished to file any necessary substitutions of attorney.

SIBTFSubsequent Injuries Benefit Trust FundPetition to DismissLack of ProsecutionDue ProcessNoticeOpportunity to be HeardGlauber/BerensonLaw Offices of Samuel SalazarSubstitution of Attorney
References
Case No. ADJ1036181 (LAO 0861182) ADJ1313689 (LAO 0861180) ADJ3257740 (LAO 0861181)
Regular
Dec 23, 2019

CONNIE EDGE, RONNIE EDGE vs. WORLD CITRUS WEST, NATIONWIDE INSURANCE

The Workers' Compensation Appeals Board denied reconsideration of a prior decision on attorney fee allocation in a workers' compensation case. The Appeals Board adopted the Workers' Compensation Judge's report, giving great weight to their credibility determinations. The Judge found no substantial evidence to overturn their prior ruling on the division of fees between two attorneys, Glauber and Hershewe. The Judge's report detailed that the fee division was based on Labor Code Section 4906(d), considering responsibility, care, time, and results obtained by each attorney, and found no ex parte communication occurred.

WCABPetition for ReconsiderationWCJ Credibility DeterminationsEx Parte CommunicationDue ProcessLabor Code Section 4906(d)Attorney FeesCompromise and ReleaseCumulative TraumaSpecific Injury
References
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