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

Case No. ADJ2516724 (VNO 0483078) ADJ3217913 (VNO 0454703) ADJ2235819 (VNO 0454704) ADJ2582994 (VNO 0483080)
Regular
Jan 09, 2012

Noel Lopez vs. Bolthouse Farms, Argonaut Insurance Company, Sedgwick, Mid Century Insurance

Applicant Noel Lopez's petitions for reconsideration repeatedly violated Appeals Board rules regarding page limits, formatting, and the proper submission of evidence. Despite explicit instructions to correct these deficiencies, the applicant's attorney filed a second petition with similar non-compliance. Consequently, the Appeals Board issued a Notice of Intention to impose sanctions of $1000.00 against the attorney and his law firm for frivolous and delay-seeking conduct. The Board is allowing 15 days for written objection demonstrating good cause to avoid sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAppeals Board RulesPage Limit ViolationImproper AttachmentsLack of Specific CitationsBad Faith ActionsFrivolous TacticsUnnecessary Delay
References
3
Case No. ADJ9346293
Significant
Jan 13, 2020

ANTHONY DENNIS vs. STATE OF CALIFORNIA – DEPARTMENT OF CORRECTIONS AND REHABILITATION INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board issued a Notice of Intention to find Administrative Director Rule 10133.54 invalid, asserting it oversteps the Administrative Director's authority and infringes upon the WCAB's exclusive jurisdiction to adjudicate disputes over supplemental job displacement benefits (SJDB). The Board also intends to hold that an employer must make a bona fide offer of work to avoid liability for an SJDB voucher.

Supplemental Job Displacement BenefitSJDB voucherAdministrative DirectorAD Rule 10133.54Workers' Compensation Appeals BoardWCABexclusive jurisdictionstatutory authoritybona fide offerregular work
References
33
Case No. ADJ2854263 (ANA 0400148)
Regular
Apr 21, 2014

MARIA QUEZEDA vs. TACO BELL, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing a lien claim for failure to pay an activation fee. The WCAB is now giving notice of its intention to dismiss the lien claimant's Petition for Reconsideration because it was filed over three months late and by a representative who failed to comply with WCAB rules regarding notice of representation. The lien claimant must provide evidence of timely filing and compliance with representation rules within 15 days to avoid dismissal. The Board also notes the lien claimant may not have filed a required declaration to support their lien.

Lien activation feePetition for ReconsiderationWCAB Rule 10774.5Notice of RepresentationCollective ResourcesAngelotti Chiropractic v. BakerPreliminary injunctionLabor Code section 5903Timeliness of filingWCAB Rule 10510(a)(3)
References
1
Case No. ADJ3118083
Regular
Jun 14, 2010

MARCELO SANDOVAL vs. TRITON CHANDELIER, INC., SPECIALTY RISK LA HABRA

The applicant seeks reconsideration of a case dismissed for failure to appear at a mandatory settlement conference. The Appeals Board granted reconsideration, finding the petition timely filed. However, the Board issued a notice of intention to impose sanctions on applicant's counsel for failing to appear at the conference and failing to notify the Board. Applicant's counsel must show good cause within 15 days to avoid a $250.00 sanction for causing unnecessary delay.

WCABPetition for ReconsiderationMandatory Settlement ConferenceNotice of Intention to DismissLabor Code § 5813sanctionsgood causeuntimely filingunverified petitionEAMS
References
2
Case No. ADJ171587
Regular
Dec 21, 2012

MARCUS VASQUEZ vs. MARION RESIDENCE, FIREMANS FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order suspending Integrated Healthcare Recovery Services (IHRS) from appearing before the board. This suspension stemmed from IHRS's failure to pay a $1,000 sanction previously imposed for missing a lien trial. The WCAB has now issued a notice of intent to suspend IHRS unless the sanction is paid within 20 days, citing IHRS's failure to comply with a final order as good cause. IHRS may avoid suspension by paying the sanction or demonstrating good cause to the WCAB.

Labor Code Section 4907Petition for ReconsiderationSuspension of AppearanceWCABWCJSanction OrderLien TrialFinal OrderFailure to PayHearing Representative
References
2
Case No. 01-14-00439-CV
Regular Panel Decision
May 28, 2015

Eihab Rajab Masoud v. Deborah Handler

Eihab Rajab Masoud, the appellant, failed to appear for his divorce trial, leading to a divorce decree. Masoud filed a motion for new trial, claiming lack of notice of the trial date, which the trial court denied. On appeal, Masoud argued that the trial court abused its discretion by denying his motion for new trial based on his claim of lack of notice. However, Appellee Deborah Handler presented evidence that she sent notice by certified mail, which was returned unclaimed, and that Masoud had a history of intentionally avoiding service. The appellate court affirmed the trial court's decision, finding sufficient evidence that Masoud was intentionally avoiding service of the trial notice, thus upholding the denial of his motion for new trial.

DivorceDefault JudgmentMotion for New TrialNotice of TrialService of ProcessAppellate ReviewCivil ProcedureFamily LawAbuse of DiscretionCraddock Elements
References
8
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
0
Case No. M2008-02060-COA-R3-CV
Regular Panel Decision

Hughes v. Metropolitan Government of Nashville & Davidson County

The case concerns a plaintiff injured while avoiding a front-end loader operated by a government employee. The plaintiff sued both the governmental entity, Metro, and the employee, Frank Archey, under the Governmental Tort Liability Act (GTLA). The Tennessee Supreme Court reversed the lower courts' findings, determining that the employee's act of intentionally frightening the plaintiff constituted an intentional tort of assault, not mere negligence. Consequently, Metro, the governmental entity, was immune from liability under the GTLA because there was no direct proof of its negligent supervision. The case was remanded for judgment to be entered against the employee, Frank Archey, as he was held personally liable for the intentional assault.

Governmental Tort LiabilityScope of EmploymentIntentional TortAssaultNegligenceSovereign ImmunityFront-end LoaderMetropolitan GovernmentEmployee LiabilityWorkers' Compensation
References
79
Case No. SRO 0088351
Significant
Mar 20, 2002

Cheryl Coldiron vs. Compuware; Permissibly Self-Insured, by And through Gallagher Bassett Services, Inc., Adjusting Agent

The board issues a notice of intent to sanction a third-party administrator for failing to disclose the correct insurance carrier for over six years and schedules a conference to clarify the employer-insurer relationship.

Workers' Compensation Appeals BoardEn BancPetition for ReconsiderationFindings and AwardPermissibly Self-InsuredThird-Party AdministratorHigh Self-Insured RetentionSanctionsLabor Code Section 5813Excusable Error
References
5
Case No. ADJ12226694, ADJ12414651, ADJ12414992, ADJ12414993
Significant
Jun 17, 2024

GUILLERMO GONZALEZ, et al., Applicants vs. THE BICYCLE CASINO; ARCH INDEMNITY INS. CO., administered by GALLAGHER BASSETT, et al., Defendants

The Appeals Board consolidates two cases and issues a notice of intent to impose sanctions and costs against attorney Susan Garrett and hearing representative Lance Garrett for filing petitions for reconsideration with the willful intent to disrupt or delay proceedings.

Labor Code Section 5813SanctionsCostsAttorney's FeesImproper MotiveFrivolousUnnecessary DelayPetitions for ReconsiderationOrder Approving Compromise and ReleaseWillful Intent
References
13
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