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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jan 30, 2013

Soodoo v. LC, LLC

This case involves an appeal by defendants LC, LLC, and Limrink Realty Corp. against an order dismissing their cross-claims for contribution, indemnification, and breach of contract against co-defendant Atlantic Contracting of New York, Inc. The original action was brought by an unnamed plaintiff for personal injuries sustained at a construction site. The Supreme Court initially granted Atlantic's motion to dismiss the cross-claims. On appeal, the court reversed the lower court's decision, finding that the cross-claims stated cognizable causes of action. Consequently, the cross-claims were denied dismissal and converted into third-party causes of action.

Personal InjuryConstruction SiteCross-claimsContributionIndemnificationBreach of ContractMotion to DismissCPLR 3211(a)(7)Appellate DivisionThird-Party Action
References
16
Case No. ADJ8887982
Regular
Aug 29, 2014

ALVARO VIRGEN vs. COSTA VIEW FARM 2, ZENITH INSURANCE COMPANY

This case involves sanctions imposed on attorney Kyle K. Neilsen under Labor Code § 5813. Neilsen's apology for contemptuous remarks about a Workers' Compensation Judge was deemed insufficient as he continued to justify his behavior. The Board found his attempt to excuse his actions indicated a lack of appreciation for the severity of his offense. Consequently, Neilsen was ordered to pay $950.00 in sanctions to the General Fund.

Workers' Compensation Appeals BoardSanctionsLabor Code § 5813WCJ EllisContemptuous statementsJustificationFrustrationPleadingTravelOrange County
References
0
Case No. ADJ7516108
Regular
Jun 06, 2011

ANGELICA CROTTE vs. UFO, INC., ILLINOIS MIDWEST INSURANCE AGENCY, VIRGINIA SURETY COMPANY, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Virginia Surety's petition for removal because it was unverified, violating WCAB Rule 10843(b). The WCAB also noted the petition's excessive length and improper attachments, which violated multiple rules, including CA Rule 10232(a)(10) and WCAB Rule 10842(c). Based on these egregious violations, the WCAB issued a notice of intention to impose a $500 sanction on Virginia Surety's counsel, Sophia E. Martinez, pursuant to Labor Code section 5813.

Petition for RemovalUnverified PetitionWCAB RulesLabor Code 5813SanctionsFrivolousWillful Failure to ComplyWCJAdministrative Law JudgeVirginia Surety Company
References
1
Case No. VNO 0409413
Regular
Jul 18, 2008

LINDA SALVANERA vs. KELLY TEMPORARY SERVICES, CNA CASUALTY OF CALIFORNIA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and issued a notice of intent to sanction defense attorney Ian D. Paige for attaching previously presented or record documents to his petition for reconsideration without alleging newly discovered evidence. This action violated WCAB regulations and is considered a sanctionable bad-faith tactic under Labor Code §5813 for willful failure to comply with regulatory obligations. The Board intends to impose a $200 sanction unless the attorney demonstrates good cause to the contrary.

Workers' Compensation Appeals BoardReconsiderationSanctionsLabor Code § 5813Bad Faith ActionsRegulatory ViolationIan D. PaigeStockwell Harris Widom Woolverton & MuehlDue ProcessNotice of Intention
References
11
Case No. SBR 0303770 SBR 0313222
Regular
Jun 09, 2008

TIM STOKES vs. STATE OF CALIFORNIA / CALIFORNIA HIGHWAY PATROL, STATE COMPENSATION INSURANCE FUND

The Appeals Board rescinded the prior decision and returned the case for further development of the record on the reasonableness of Premier Outpatient Surgery Center's (POSC) lien claim for services rendered to the applicant. While POSC was correctly deemed licensed and not required to obtain a fictitious-name permit for its outpatient setting services, it bears the burden of proving the reasonableness of its charges. The Appeals Board also found that the award of attorney fees under LC § 5813 was unsupported by the record as no findings of bad faith were made.

Workers' Compensation Appeals BoardState Compensation Insurance FundPremier Outpatient Surgery Centerepidural corticosteroid injectionsfluoroscopic guidancefictitious-name permitMedical Board of CaliforniaDepartment of Health Servicessurgical clinic licenseoutpatient setting
References
9
Case No. ANA 0357324
Regular
Aug 20, 2007

ANDRES QUINONES vs. AN'S WORLD SERVICE INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted SCIF's petition for removal to reconsider a prior order regarding a lien claimant's (LC) right to payment. SCIF argued LC lacked standing because it failed to prove it held a required fictitious name permit from the Medical Board, while LC contended it was an "outpatient setting" exempt from such a permit. The Board rescinded the original order and returned the case for the WCJ to determine if LC is an "outpatient setting" or a "clinic" to assess its compliance with licensing and fictitious name requirements.

Workers' Compensation Appeals BoardRemovalLien ClaimantFictitious Name PermitMedical BoardOutpatient SettingClinicLicensureBusiness and Professions CodeStokes v. Patton State Hospital
References
1
Case No. ADJ2403362 (MON 0247582) ADJ2066217 (MON 0306486)
Regular
Apr 25, 2011

EMILIA MENDOZA vs. LACMTA, THE TRAVELERS INS. CO., LOS ANGELES METROPOLITAN AUTHORITY, CONSTITUTION STATE SERVICES COMPANY

The Workers' Compensation Appeals Board affirmed the disallowance of lien claimant Care Center Rehabilitation and Pain Management's (LC) lien for unpaid medical treatment. LC failed to file a required fictitious business name statement and could not prove the treatment was reasonable and necessary. However, the Board reversed the order for LC to pay restitution to the defendants, finding they failed to meet their burden of proof for unjust enrichment.

Workers' Compensation Appeals BoardEmilia MendozaLACMTAThe Travelers Insurance CompanyConstitution State Services Companylien claimantCare Center Rehabilitation and Pain Managementindustrial injuriesneck and shouldersbus operator
References
5
Case No. ADJ7839029; ADJ7841350
Regular
Jun 25, 2014

Fernando Murillo vs. Yonique Café, Inc., Zenith Insurance Company

This case involves a lien claimant, Ameri Chiropractic Group (LC), seeking disqualification of a Workers' Compensation Judge (WCJ). LC alleged bias based on a WCJ order requiring a doctor's personal appearance at trial regarding treatment and the lien's validity. However, the Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. WCAB Rule 10452 dictates a strict 10-day filing period after notice of hearing for such petitions. LC's petition was filed three months after being served with the order, rendering it untimely regardless of when new counsel was retained.

Petition for DisqualificationUntimely FilingWCJ BiasLien ClaimantAmeri Chiropractic GroupWCAB Rule 10452Order for AppearanceDismissal of LienPinnacle Lien ServicesAdministrative Law Judge
References
1
Case No. ADJ6929619
Regular
Jun 11, 2013

SAMUEL OCEGUERA vs. RICH PRODUCTS CORPORATION, TRAVELERS INSURANCE COMPANY

This case involves a lien claimant, Western Imaging Services (LC), whose petition for costs was summarily denied by the WCJ for failing to pay a lien activation fee. The Appeals Board granted reconsideration, finding that LC was not yet required to pay the fee as no lien conference had occurred. The Board rescinded the WCJ's denial, remanding the matter for further proceedings.

Lien Activation FeeLabor Code Section 4903.06Petition for CostsDeclaration of Readiness to ProceedLien ConferencePetition for ReconsiderationWorkers' Compensation Appeals BoardWCJCompromise and ReleaseIndustrial Injuries
References
0
Case No. ADJ1688300 (OAK 0321767)
Regular
Jul 27, 2015

DEBBIE PARR (Dec'd) vs. LA XPRESS ASSEMBLY AND DISTRIBUTION, STATE COMPENSATION INSURANCE FUND

This case concerns whether a deceased applicant's petitions for sanctions and attorney's fees under Labor Code section 5813 survive their death. The defendant argued these claims were barred by the statute of limitations (section 5405), which limits the time for collecting benefits. However, the Board affirmed the WCJ's decision, finding that sanctions under section 5813 are not "benefits" and therefore not subject to section 5405. Accordingly, the applicant's petitions for sanctions and attorney's fees do survive their death.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationFindings of FactWCJLabor Code section 5814PenaltiesLabor Code section 5813SanctionsAttorney's Fees
References
5
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