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

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. 08-02-00452-CV
Regular Panel Decision
Oct 23, 2003

Jesse Davila v. Pay & Save Corporation D/B/A Lowe's Market Place, Inc.

Jesse Davila appealed a summary judgment against him in favor of his former employer, Pay & Save Corporation, doing business as Lowe's Market Place, Inc. Davila was fired after another employee accused him of sexual harassment. He sued Pay & Save, alleging defamation, negligence, invasion of privacy, fraud, and intentional infliction of emotional distress. The trial court granted summary judgment for Pay & Save on all claims. The Court of Appeals affirmed the trial court's judgment, finding Davila failed to establish error regarding his claims, and denied Pay & Save's motion for damages for frivolous appeal.

Sexual HarassmentWrongful TerminationSummary Judgment AppealDefamation ClaimNegligence ClaimInvasion of PrivacyFraud AllegationIntentional Infliction of Emotional DistressEmployer LiabilityScope of Employment
References
15
Case No. ADJ3909509
Regular
Apr 11, 2017

URSULA MILLS GRIFFIN vs. MARTIN LUTHER KING JR. HOSPITAL/COUNTY OF LOS ANGELES

The Workers' Compensation Appeals Board (WCAB) intends to vacate its prior order granting reconsideration and dismiss the lien claimant's petition. This is due to issues with notice for a lien conference and the lien claimant's failure to appear, as well as potential dismissal by operation of law for failure to pay a lien activation fee. The WCAB is providing the lien claimant an opportunity to submit proof that they attempted to pay the activation fee by the deadline.

WCABLien ClaimantPetition for ReconsiderationDismissalNotice of IntentionWCJLien ConferencePaperwork More CarsonNotice of RepresentationDeclaration of Readiness
References
7
Case No. MISSING
Regular Panel Decision

Georgen-Saad v. Texas Mutual Insurance

Plaintiff, a former Senior Vice President of Finance, sued her employer (Defendant) alleging gender discrimination, equal pay violations under federal and state law (Equal Pay Act and TCHRA), hostile work environment, constructive discharge, intentional infliction of emotional distress (IIED), and fraud. Defendant moved for summary judgment on all claims. The Court granted summary judgment, dismissing the Equal Pay Act and TCHRA equal pay claims due to lack of male comparators with equal skill, effort, and responsibility. The hostile work environment claim was dismissed for failure to exhaust administrative remedies. The constructive discharge claim failed as Plaintiff could not establish a prima facie gender discrimination case. The IIED claim was barred by the two-year statute of limitations. Finally, the fraud claim was dismissed as the alleged misrepresentations were either legally insufficient, lacked evidence of fraudulent intent, or did not cause legally cognizable injury. All of Plaintiff's claims were dismissed with prejudice.

Gender DiscriminationEqual Pay ActSummary JudgmentHostile Work EnvironmentConstructive DischargeIntentional Infliction of Emotional DistressFraudTexas Commission on Human Rights ActStatute of LimitationsFederal Rules of Civil Procedure
References
30
Case No. ADJ7448960
Regular
Apr 22, 2013

Marco Altamirano vs. Yafa, A Pen Company, Inc., Employers Compensation Insurance Company

The Workers' Compensation Appeals Board granted reconsideration of the dismissal of lien claimants' claims for failure to pay lien activation fees. The Board issued a notice of intention to impose sanctions of up to $2,500 against the lien claimants' representatives, Qualified Billing and Collections, LLC and Diego S. Plasencia. This action is due to alleged misrepresentations in the Petition for Reconsideration regarding proof of payment of the required fees. The Board found that the petition contained false or misleading statements and lacked specific record references, constituting sanctionable conduct.

Workers Compensation Appeals BoardLien Activation FeeLabor Code Section 4903.06Petition for ReconsiderationWCJSanctionsLabor Code Section 5813Appeals Board Rule 10561Bad Faith ActionsFrivolous Tactics
References
2
Case No. ADJ928027
Significant
Aug 27, 2015

David Trinh vs. TZENG LONG USA, INC.; BERKSHIRE HATHAWAY

The Appeals Board removed the case to itself to issue a Notice of Intention to Suspend the privileges of Professional Lien Services, Inc., and Mike Traw for their willful failure to pay court-ordered sanctions, attorney's fees, and costs.

Labor Code Section 4907Labor Code Section 5310Order for Costs and SanctionsProfessional Lien ServicesInc.Mike TrawAppeals Board En BancSuspension of PrivilegesWillful DisobedienceFailure to Pay Sanctions
References
4
Case No. ADJ4571933
Regular
Aug 30, 2013

RAUL ALVARADO vs. DPR CONSTRUCTION, INC., NATIONAL UNION FIRE INSURANCE CO.

The Appeals Board granted the Lien Claimant's Petition for Reconsideration and issued a notice of intention to impose sanctions. The Lien Claimant sought reconsideration of the dismissal of its lien for failure to pay an activation fee. The Board found the Lien Claimant's petition to be frivolous and without merit because the lien had a zero balance at the time of dismissal, meaning it was already resolved and should have been withdrawn. Consequently, the Board intends to sanction the Lien Claimant under Labor Code section 5813 for bad-faith actions.

Lien Activation FeePetition for ReconsiderationOrder Dismissing LienZero BalanceLabor Code Section 5813SanctionsAppeals Board Rule 10561Bad Faith TacticsFrivolousWithout Merit
References
3
Case No. ADJ928027
Significant
Aug 27, 2015

David Trinh, Applicant vs. TZENG LONG USA, INC.; BERKSHIRE HATHAWAY

The Appeals Board removed the case to itself to issue a notice of intention to suspend the privileges of Professional Lien Services, Inc., and Mike Traw for their willful failure to comply with a final order to pay sanctions and attorney's fees.

Labor Code Section 4907Suspension of PrivilegesProfessional Lien ServicesMike TrawWillful DisobedienceSanctions OrderAppeals Board En BancRemoval to Appeals BoardWCJ OrderBad Faith Conduct
References
4
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. ADJ6711975
Regular
Aug 05, 2013

DIONICIO REYES vs. FILOMENA D'AMORE, FIRSTCOMP OMAHA

The Workers' Compensation Appeals Board dismissed a lien claimant's petition to vacate an order dismissing their lien for failure to pay an activation fee. The petition was untimely, filed 59 days after the order was served. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions due to the petition's untimeliness and multiple misrepresentations of fact. The Board is considering imposing a $500 sanction against the lien claimant's representative.

Lien ClaimantPetition to Vacate OrderLien Activation FeeLabor Code section 4903.06Untimely PetitionRemoval on Own MotionNotice of Intention to Impose SanctionsLabor Code section 5813Misrepresented Material FactsWCAB Rule 10842(a)
References
0
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