Updated Daily

Case Law Database

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

Case No. ADJ4158530 (LBO 0325085) ADJ332706 (LBO 0325079)

Regular

Jul 23, 2013

VICTORIA ANTUNEZ vs. SEASIDE PRINTING CO., CALIFORNIA CASUALTY, GALLAGHER BASSETT SERVICES, PACIFIC NATIONAL INSURANCE, CIGA, INTERCARE INSURANCE SERVICES

The Board granted reconsideration regarding a defendant's petition challenging findings of industrial injury and the nature of a communication with an Agreed Medical Evaluator (AME). The Board affirmed findings of compensable injury for one period and no injury for another, but amended the awards to clarify that a letter from CIGA to the AME was improper, though not an ex parte communication. The Board found the letter constituted additional information improperly sent without affording the other party an objection opportunity, leading to exclusion of a supplemental report. Jurisdiction was reserved over costs and sanctions related to this improper communication.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryTemporary DisabilityPermanent DisabilityApportionmentAgreed Medical Evaluator (AME)Ex Parte CommunicationLabor Code Section 5412

References

Case No. ADJ2170527 (VNO 0494225)

Regular

Jul 27, 2009

LUIS ORTIZ vs. CITY OF LOS ANGELES

The Appeals Board granted removal to address the applicant's petition to set aside a dismissal order. The WCJ improperly took the case off-calendar without explanation and wrongly concluded jurisdiction was lost, failing to properly address the applicant's dismissal setting aside petition. Crucially, the dismissal order may be invalid due to improper service on the applicant's attorney. The case is returned to the trial level for a full factual inquiry into the dismissal and potential service defects.

Petition for RemovalOrder Taking Off-CalendarPetition to Set Aside Order of DismissalAdministrative Rule 10582Lack of ProsecutionImproper ServiceContinuing JurisdictionLabor Code § 5803Good CauseHearing on the Merits

References

Case No. ADJ13332737, ADJ15218980, ADJ12640295

Significant

Jun 17, 2024

ABEL HIDALGO, et al. vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al.

The Workers' Compensation Appeals Board consolidates three cases to address sanctions against attorney Susan Garrett and hearing representative Lance Garrett for filing petitions for reconsideration with the intent to disrupt or delay trial proceedings, issuing a notice of intent to impose sanctions and costs.

En BancSanctionsCostsAttorney's FeesLabor Code 5813Willful IntentImproper MotiveFrivolousDelay TacticsPetition for Reconsideration

References

Case No. ADJ6918227

Regular

Feb 14, 2012

GERARDO LINARES vs. PASADENA UNIFIED SCHOOL DISTRICT, CORVEL CORPORATION

The Workers' Compensation Appeals Board dismissed New Age Imaging's Petition for Reconsideration because it was filed against a preliminary notice, not a final order. The petition was also dismissed for being impermissibly skeletal and unverified. The Board is initiating sanctions against New Age Imaging and its representative for wasting Board resources with this frivolous filing. New Age Imaging and its representative have 15 days to show good cause why $500 in sanctions should not be imposed.

WCABPetition for ReconsiderationLien ClaimantNotice of Intention to Dismiss LienSkeletal PetitionUnverified PetitionLabor Code § 5813SanctionsBad Faith ActionsFrivolous Tactics

References

Case No. ADJ9664689

Regular

Apr 02, 2015

VICTOR LUO vs. PACIFIC PATHWAY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a sanctions order against applicant's attorneys. The attorneys argued due process violations based on alleged ex parte contact by the judge. The Board found the applicant's attorneys' petition contained misrepresentations of fact, justifying sanctions. Therefore, the Board issued a notice of intention to impose a $500 joint and several sanction against the law firm and its associate for unprofessional conduct and misleading pleadings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Imposing SanctionsWCJex parte contactdue processbad-faith actionsLabor Code section 5813Appeals Board Rule 10561(b)sanctions

References

Case No. ADJ7010013

Regular

Jun 28, 2010

PAMELA VAN ZANDT vs. NIKE, INC COLE-HAAN, OLD REPUBLIC ADMINISTERED BY ESIS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an attorney's fee award. The defendant incorrectly claimed the issue of fees was not raised and that they were aggrieved by the award. The Board found the defendant was not aggrieved, as fees were payable from the applicant's benefits, and the issue was properly noted in the pre-trial statement. Consequently, the Board issued a notice of intention to impose sanctions on the defendant's counsel for filing a frivolous petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardExpedited HearingTemporary DisabilityAttorney's FeeLabor Code § 5813SanctionsBad Faith ActionsFrivolous Petition

References

Case No. ADJ8965291; ADJ10451326; ADJ10750348; ADJ15382349; ADJ15382351; ADJ16951068; ADJ16951573; ADJ16953628; ADJ16953629; ADJ16124753; ADJ16124750; ADJ17290772; ADJ16953860

Significant

Alfredo Ledezma, et al. vs. Kareem Cart Commissary and Mfg, State Compensation Insurance Fund, et al.

The Workers' Compensation Appeals Board consolidates eight cases and issues a notice of intent to impose sanctions against attorney Susan Garrett and hearing representative Lance Garrett for a pattern of filing frivolous petitions for reconsideration with the intent to delay trial proceedings.

WCABen bancconsolidationsanctionscostsattorney's feesremovalreconsiderationLabor Code section 5813willful intent

References

Case No. ADJ3512665 (ANA 0410076)

Regular

TROY GRANTZ vs. STATE FARM INSURANCE COMPANY, CNA CLAIMS, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied a Petition for Reconsideration in the case of Troy Grantz. The denial was based on the report of the workers' compensation administrative law judge, which the Board adopted. The Board also noted its authority to impose sanctions for bad-faith actions or tactics intended to cause unnecessary delay under Labor Code Section 5813. Sanctions can be applied to lien claimants or their representatives for actions such as repeated failure to appear without reasonable excuse.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportLabor Code § 5813SanctionsLien ClaimantBad Faith ActionsFrivolous TacticsUnnecessary Delay

References

Case No. ADJ7214982

Regular

Jan 06, 2012

JOAQUIN GONZALEZ vs. NFI INDUSTRIES, ZURICH AMERICAN INS. CO.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's finding that the applicant received proper notice of the defendant's Medical Provider Network (MPN) and was treated within it initially. The Board also initiated sanctions against the applicant's attorney for misrepresenting witness testimony, threatening a $500 penalty unless good cause is shown otherwise. The applicant's arguments regarding non-MPN treatment non-compensability and inadmissibility of reports were rejected based on established precedent and findings of fact. The Board found the attorney's petition frivolous, demonstrating bad faith tactics.

MPNMedical Provider NetworkReconsiderationOrder of RemovalSanctionsLabor Code § 5813Bad Faith ActionsFrivolousWillful FailureImproper Motive

References

Case No. ADJ8965291; ADJ10451326; ADJ10750348; ADJ15382349; ADJ15382351; ADJ16951068; ADJ16951573; ADJ16953628; ADJ16953629; ADJ16124753; ADJ16124750; ADJ17290772; ADJ16953860

En Banc

Apr 10, 2024

ALFREDO LEDEZMA, et al. vs. KAREEM CART COMMISSARY AND MFG; STATE COMPENSATION INSURANCE FUND, et al.

The Workers' Compensation Appeals Board consolidates eight cases to address sanctions against attorney Susan Garrett and hearing representative Lance Garrett for a pattern of filing petitions for reconsideration to delay trials, followed by failure to appear, and issues a notice of intent to impose sanctions up to $20,000 against each.

Workers' Compensation Appeals BoardSanctionsCostsAttorney's FeesLabor Code Section 5813En Banc DecisionOrder of ConsolidationPetitions for ReconsiderationWillful IntentImproper Motive

References

Showing 1-10 of 1,124 results

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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. ADJ4158530 (LBO 0325085) ADJ332706 (LBO 0325079)

Regular

Jul 23, 2013

VICTORIA ANTUNEZ vs. SEASIDE PRINTING CO., CALIFORNIA CASUALTY, GALLAGHER BASSETT SERVICES, PACIFIC NATIONAL INSURANCE, CIGA, INTERCARE INSURANCE SERVICES

References

Case No. ADJ2170527 (VNO 0494225)

Regular

Jul 27, 2009

LUIS ORTIZ vs. CITY OF LOS ANGELES

References

Case No. ADJ13332737, ADJ15218980, ADJ12640295

Significant

Jun 17, 2024

ABEL HIDALGO, et al. vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al.

En BancSanctionsCostsAttorney's FeesLabor Code 5813Willful IntentImproper MotiveFrivolousDelay TacticsPetition for Reconsideration

References

Case No. ADJ6918227

Regular

Feb 14, 2012

GERARDO LINARES vs. PASADENA UNIFIED SCHOOL DISTRICT, CORVEL CORPORATION

WCABPetition for ReconsiderationLien ClaimantNotice of Intention to Dismiss LienSkeletal PetitionUnverified PetitionLabor Code § 5813SanctionsBad Faith ActionsFrivolous Tactics

References

Case No. ADJ9664689

Regular

Apr 02, 2015

VICTOR LUO vs. PACIFIC PATHWAY, STATE COMPENSATION INSURANCE FUND

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Imposing SanctionsWCJex parte contactdue processbad-faith actionsLabor Code section 5813Appeals Board Rule 10561(b)sanctions

References

Case No. ADJ7010013

Regular

Jun 28, 2010

PAMELA VAN ZANDT vs. NIKE, INC COLE-HAAN, OLD REPUBLIC ADMINISTERED BY ESIS

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardExpedited HearingTemporary DisabilityAttorney's FeeLabor Code § 5813SanctionsBad Faith ActionsFrivolous Petition

References

Case No. ADJ8965291; ADJ10451326; ADJ10750348; ADJ15382349; ADJ15382351; ADJ16951068; ADJ16951573; ADJ16953628; ADJ16953629; ADJ16124753; ADJ16124750; ADJ17290772; ADJ16953860

Significant

Alfredo Ledezma, et al. vs. Kareem Cart Commissary and Mfg, State Compensation Insurance Fund, et al.

WCABen bancconsolidationsanctionscostsattorney's feesremovalreconsiderationLabor Code section 5813willful intent

References

Case No. ADJ3512665 (ANA 0410076)

Regular

TROY GRANTZ vs. STATE FARM INSURANCE COMPANY, CNA CLAIMS, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

References

Case No. ADJ7214982

Regular

Jan 06, 2012

JOAQUIN GONZALEZ vs. NFI INDUSTRIES, ZURICH AMERICAN INS. CO.

MPNMedical Provider NetworkReconsiderationOrder of RemovalSanctionsLabor Code § 5813Bad Faith ActionsFrivolousWillful FailureImproper Motive

References

Case No. ADJ8965291; ADJ10451326; ADJ10750348; ADJ15382349; ADJ15382351; ADJ16951068; ADJ16951573; ADJ16953628; ADJ16953629; ADJ16124753; ADJ16124750; ADJ17290772; ADJ16953860

En Banc

Apr 10, 2024

ALFREDO LEDEZMA, et al. vs. KAREEM CART COMMISSARY AND MFG; STATE COMPENSATION INSURANCE FUND, et al.

Workers' Compensation Appeals BoardSanctionsCostsAttorney's FeesLabor Code Section 5813En Banc DecisionOrder of ConsolidationPetitions for ReconsiderationWillful IntentImproper Motive

References

Showing 1-10 of 1,124 results

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