Updated Daily

Case Law Database

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

Case No. ADJ7096210

Regular

Apr 11, 2011

ROBERTO GONZALEZ vs. JERRY'S FAMOUS DELI, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The Board granted removal to address the frivolous nature of the petition, which contained false factual assertions regarding a prior conference. Consequently, the Board intends to impose sanctions of up to $1,500 each against Hearing Representative Lance Garrett and Attorney Carl Feldman for their bad-faith actions. The Board also ordered Attorney Feldman to identify the representative who appeared at the January 26, 2011 conference.

WCABPetition for ReconsiderationPetition for RemovalOrder To Suspend ProceedingCompel Medical ExaminationPanel Qualified Medical Examiner (PQME)Hearing RepresentativeSanctionsFrivolous PetitionBad Faith Actions

References

Case No. ADJ141203 (RIV 0057393)

Regular

Oct 15, 2009

MARY ROBERTS vs. PATTERSON MANAGEMENT GROUP, PREFERRED EMPLOYERS INSURANCE COMPANY

Defendant and hearing representative sought reconsideration of the Findings and Orders Re: Sanctions. The petition for reconsideration is denied, and the petition for removal is dismissed as untimely.

Workers' Compensation Appeals BoardPatterson Management GroupPreferred Employers Insurance CompanyFindings and Orders Re: SanctionsHearing RepresentativeLien ClaimantAttorney FeesSanctionsWCJDefense Counsel

References

Case No. Misc. No. 257

Significant

vs. Javier Jimenez, Respondent

The Workers' Compensation Appeals Board suspends the privilege of Javier Jimenez to appear as a party representative for 180 days, with the suspension continuing until he complies with prior sanction orders, following his failure to respond to a Notice of Intention.

WCABJavier JimenezRepresentative PrivilegeSuspensionLabor Code Section 4907En BancNotice Of IntentionSanction OrdersComplianceAdministrative Law Judges

References

Case No. Misc. No. 254

En Banc

Sep 21, 2011

vs. Daniel Escamilla

The Workers' Compensation Appeals Board issued a Notice of Hearing to consider suspending or removing Daniel Escamilla's privilege to appear as a representative, citing a history of sanctions for bad-faith actions, frivolous tactics, and causing unnecessary delays.

Labor Code Section 4907Privilege SuspensionRepresentative MisconductBad Faith ActionsFrivolous PleadingsMisrepresentations of FactAppeals Board RulesState Bar RulesWCJ SanctionsHearing Representative

References

Case No. Misc. No. 254

Significant

Sep 21, 2011

vs. Daniel Escamilla, Respondent

The Workers' Compensation Appeals Board issued a notice of hearing to consider suspending or removing Daniel Escamilla's privilege to appear as a representative due to a pattern of bad-faith actions, frivolous tactics, and misrepresentations of fact across multiple cases.

Labor Code section 4907Privilege suspensionRemoval of privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctionsHearing representative

References

Case No. Misc. No. 254

Significant

Sep 21, 2011

vs. Daniel Escamilla

The Workers' Compensation Appeals Board issued a notice for a hearing to consider the suspension or removal of Daniel Escamilla's privilege to appear as a representative, citing a history of repeated sanctions for frivolous petitions, bad-faith tactics, and misrepresentations of fact in multiple cases.

Labor Code section 4907Suspension of privilegeRemoval of privilegeRepresentative privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctions

References

Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)

Regular

Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem

References

Case No. ADJ8094646

Regular

Jan 17, 2014

ALEJANDRINA BARRETO vs. OUT OF THE SHELL, SOUTHERN INSURANCE COMPANY, REPUBLIC INDEMNITY COMPANY, PHARMAFINANCE, LLC, HEALTHCARE FINANCE MANAGEMENT, LLC

This case involves lien claimants PharmaFinance and Healthcare Finance Management, and their representatives Landmark Medical Management and Brian Hall, who sought reconsideration of a decision disallowing their liens for medical treatment. The Appeals Board granted reconsideration solely to notice its intention to impose sanctions of up to $2,500 against the lien claimants and their representatives. This action is due to a pattern of allegedly filing petitions containing false statements about not receiving notices, which violates the Board's Rules of Practice and Procedure and Labor Code Section 5813. The Board found these claims not persuasive and indicative of a tactic to avoid responsibility.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsLien ClaimantsHearing RepresentativesIndustrial InjuryFindings and OrderCompromise and ReleaseNotice of IntentionLabor Code section 5813

References

Case No. ADJ6909720

Regular

Nov 20, 2014

CLICIA MORALES MONARREZ, Alicia Morales Monarrez, Alicia Morales Monarrez vs. PARAMOUNT FARMS INTERNATIONAL, Paramount Farms

The Workers' Compensation Appeals Board denied Paramount Farms' Petition for Reconsideration. Paramount Farms contested the applicant's permanent partial disability rating and the indemnity awarded, arguing that the judge improperly disregarded a PQME's opinion and relied on another doctor's flawed assessment. The Board found that the petition was partially untimely, and on the merits, it adopted the WCJ's reasoning that the applicant's treating physician's opinion was substantial evidence, and the indemnity calculation was correct.

Workers' Compensation Appeals BoardPetition for ReconsiderationDenying PetitionPermissibly Self-InsuredParamount Farms InternationalAlicia Morales MonarrezOrder Amending AwardPermanent Partial DisabilityIndemnityDr. Khosrow Tabaddor

References

Case No. ADJ8015413 ADJ8015417 ADJ8015421

Regular

Jan 05, 2016

INOCENCIA BALADEZ vs. COAST PLATING, INCORPORATED, HARTFORD INSURANCE COMPANY, ATHENS ADMINISTRATORS

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by lien claimants whose liens were dismissed for failure to appear at a continued hearing. The WCAB found that the lien claimants had actual notice of the October 1, 2015 hearing date, as their representative was present at a September 18, 2015 conference where the adjournment was announced. Their claim of denial of due process due to lack of written notice was rejected because their own representative's inadvertent failure to calendar the date constituted an internal error, not a lack of notice from the Board. The WCAB also admonished the lien claimants' representatives for failing to properly notify of a change in representation.

WCABLien claimantsReconsiderationDismissalNon-appearanceLien conferenceDue processAdequate noticeMinutes of HearingAdjournment

References

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Updated Daily

Case Law Database

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

Case No. ADJ7096210

Regular

Apr 11, 2011

ROBERTO GONZALEZ vs. JERRY'S FAMOUS DELI, TRAVELERS INSURANCE COMPANY

References

Case No. ADJ141203 (RIV 0057393)

Regular

Oct 15, 2009

MARY ROBERTS vs. PATTERSON MANAGEMENT GROUP, PREFERRED EMPLOYERS INSURANCE COMPANY

References

Case No. Misc. No. 257

Significant

vs. Javier Jimenez, Respondent

WCABJavier JimenezRepresentative PrivilegeSuspensionLabor Code Section 4907En BancNotice Of IntentionSanction OrdersComplianceAdministrative Law Judges

References

Case No. Misc. No. 254

En Banc

Sep 21, 2011

vs. Daniel Escamilla

Labor Code Section 4907Privilege SuspensionRepresentative MisconductBad Faith ActionsFrivolous PleadingsMisrepresentations of FactAppeals Board RulesState Bar RulesWCJ SanctionsHearing Representative

References

Case No. Misc. No. 254

Significant

Sep 21, 2011

vs. Daniel Escamilla, Respondent

Labor Code section 4907Privilege suspensionRemoval of privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctionsHearing representative

References

Case No. Misc. No. 254

Significant

Sep 21, 2011

vs. Daniel Escamilla

Labor Code section 4907Suspension of privilegeRemoval of privilegeRepresentative privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctions

References

Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)

Regular

Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

References

Case No. ADJ8094646

Regular

Jan 17, 2014

ALEJANDRINA BARRETO vs. OUT OF THE SHELL, SOUTHERN INSURANCE COMPANY, REPUBLIC INDEMNITY COMPANY, PHARMAFINANCE, LLC, HEALTHCARE FINANCE MANAGEMENT, LLC

References

Case No. ADJ6909720

Regular

Nov 20, 2014

CLICIA MORALES MONARREZ, Alicia Morales Monarrez, Alicia Morales Monarrez vs. PARAMOUNT FARMS INTERNATIONAL, Paramount Farms

References

Case No. ADJ8015413 ADJ8015417 ADJ8015421

Regular

Jan 05, 2016

INOCENCIA BALADEZ vs. COAST PLATING, INCORPORATED, HARTFORD INSURANCE COMPANY, ATHENS ADMINISTRATORS

WCABLien claimantsReconsiderationDismissalNon-appearanceLien conferenceDue processAdequate noticeMinutes of HearingAdjournment

References

Showing 1-10 of 1,269 results

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