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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
1
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
2
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
28
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
17
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
26
Case No. 05-14-01448-CV
Regular Panel Decision
May 26, 2015

Delores Rubio, as Personal Representative of the Estate of Willie Pedro Rubio, Jr. v. Excell Electrical Contractors, Inc.

This order addresses an appeal initially dismissed due to the appellant's failure to pay for the clerk's record. Appellant Delores Rubio, representing the estate of Willie Pedro Rubio, Jr., filed a motion for reinstatement and abatement. The appellant sought to abate the appeal to allow for the resolution of a dispute concerning workers' compensation death benefits through an administrative process, involving the appellee's insurer, Service Lloyd Insurance Co. The trial court had previously granted summary judgment to Excell Electrical Contractors, Inc., concluding that the appellant, as the deceased's parent, could not recover exemplary damages for wrongful death, as workers' compensation benefits constituted her sole remedy. The Court of Appeals granted the motion, vacated its prior dismissal, and reinstated the appeal. Additionally, the court ordered the appellant to provide verification regarding the reporter's record and a status report on the administrative contested case hearing.

appellate proceduremotion for reinstatementabatementworkers' compensation benefitsexemplary damageswrongful deathclerk's recordreporter's recordsummary judgmentadministrative process
References
2
Case No. M2009-02442-COA-R3-CV
Regular Panel Decision
Oct 28, 2010

Estate of David Holt Ralston, by John A. Ralston, Personal Representative v. Fred R. Hobbs

The personal representative of David Holt Ralston's estate filed an action to rescind twelve deeds executed by Fred R. Hobbs, the decedent's attorney-in-fact, without the decedent's knowledge and for no consideration. The properties were conveyed to Hobbs, his mother, and his daughter. The personal representative alleged breach of fiduciary duty. The trial court rescinded the conveyances for properties still owned by Hobbs and awarded monetary damages for properties transferred to innocent third parties. On appeal, Hobbs challenged the personal representative's standing, statute of limitations, the finding of fiduciary duty breach, and damage calculation. The Court of Appeals affirmed the trial court's decision on all grounds, finding the personal representative had standing, the action was timely filed, and Hobbs breached his fiduciary duty by making unauthorized gifts not in line with the principal's gifting history.

Fiduciary DutyPower of AttorneyReal Property ConversionStatute of LimitationsDeed RescissionMonetary DamagesAppellate ReviewEstate LawUndue InfluenceAttorney-in-Fact Breach
References
32
Case No. 2016-01-0268
Regular Panel Decision
Nov 16, 2016

Gentry, Billy v. Purdy Brotthers Trucking

Billy Gentry, an over-the-road truck driver, filed a Request for Expedited Hearing seeking medical and temporary disability benefits for a right-knee injury he claimed occurred on March 24, 2015, while inspecting trailers. The employer, Purdy Brothers Trucking, argued Mr. Gentry lacked credibility due to numerous discrepancies in his statements regarding the date, time, and mechanism of injury to various company representatives and medical providers. The Court found Mr. Gentry failed to establish he was likely to prevail on the merits, citing contradictions in his testimony and lack of medical proof linking the knee injury to his employment. Consequently, the Court denied his request for benefits and denied Purdy Brothers' motion for involuntary dismissal, noting the interlocutory nature of the Expedited Hearing Order.

Knee InjuryExpedited HearingCredibility AssessmentBurden of ProofMedical Benefits DenialTemporary Disability BenefitsInjury Reporting DiscrepanciesInterlocutory OrderTennessee Workers' Compensation LawMotion to Dismiss
References
8
Case No. 2019-06-1559
Regular Panel Decision
Feb 05, 2020

Amaya, Tanya v. Sims Recycling Solutions, Inc.

An Expedited Hearing Order was issued by Judge Kenneth M. Switzer in the case of Tanya Amaya v. Sims Recycling Solutions, Inc. and Travelers Indem. Co. of Conn., Docket No. 2019-06-1559. At the hearing on February 4, 2020, the parties reached several agreements regarding Ms. Amaya's right shoulder injury and potential injury to her other shoulder. Sims Recycling offered a new panel of physicians for Ms. Amaya to choose from, as her previous authorized physician declined further treatment. Additionally, Ms. Amaya, who is self-represented, acknowledged her obligation to respond to written discovery. The Court ordered Ms. Amaya to promptly schedule an appointment with a chosen physician, provide discovery responses by February 18, 2020, and set a status conference for April 13, 2020, where Sims Recycling's Motion to Dismiss would also be heard.

Workers' CompensationExpedited HearingMedical TreatmentPhysician PanelDiscoverySelf-RepresentedShoulder InjuryStatus ConferenceMotion to DismissTennessee
References
0
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
1
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