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

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. 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. 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. ADJ2064794
Regular
Aug 01, 2011

TRINIDAD HERNANDEZ vs. ORECO DUCT SYSTEMS, ULICO CASUALTY COMPANY

This case involves a $\$250$ sanction imposed on applicant's attorney, Peter T. Brown, by the Workers' Compensation Appeals Board. The sanction was for filing a petition for reconsideration that was both skeletal and untimely. Mr. Brown was given an opportunity to object and show good cause, but he failed to do so. Consequently, the Board found the sanction justified and ordered payment.

SanctionsLabor Code § 5813Petition for ReconsiderationSkeletal PetitionUntimely PetitionGood CauseWorkers' Compensation Appeals BoardArbitratorFindings of AwardApplicant Counsel
References
0
Case No. ADJ6620175
Regular
Oct 10, 2013

CAMELLA MORA GONZALEZ vs. KAY'S CLEANERS

The Workers' Compensation Appeals Board is imposing sanctions under Labor Code § 5813 against Innovative Medical Management and lien claimant Priority Care Medical Transportation for $1,000.00, jointly and severally. Additionally, sanctions of $250.00 are imposed against Louis Heard, the lien claimant's hearing representative. These sanctions were ordered due to a failure to object to a previously issued notice of intention, following the Board's affirmation of the dismissal of the lien claim. The sanctioned parties did not provide any written objection demonstrating good cause to avoid the sanctions.

Labor Code § 5813SanctionsPetition for ReconsiderationLien ClaimDismissalPriority Care Medical TransportationInnovative Medical ManagementLouis HeardWorkers' Compensation Appeals BoardHearing Representative
References
0
Case No. SAC 0361364
Regular
Jul 11, 2008

AMBER DeFAZIO vs. RESORT AT SQUAW CREEK, ZURICH NORTH AMERICA INSURANCE COMPANY

This case involves sanctions against defense counsel for filing improperly documented petitions and a response without permission. The Appeals Board rescinded the WCJ's award of temporary total disability, remanding the case to determine the precise commencement date of indemnity payments for accurate application of Labor Code section 4656. The Board also upheld the WCJ's exclusion of the employer's modified work offer exhibit as irrelevant.

Workers' Compensation Appeals BoardSanctionsLabor Code § 5813Cal. Code Regs.tit. 8§ 10842Cal. Code Regs.tit. 8§ 10848Incomplete Verification
References
1
Case No. ADJ4702369 (LAO 0839192) ADJ4457073 (LAO 0863424) ADJ215002 (LAO 0863425)
Regular
Oct 07, 2013

JUAN CEBALLOS vs. ALLOY DIE CASTING, SEABRIGHT

In a workers' compensation case, the Appeals Board imposed a $1,000 sanction against a lien claimant, Innovative Medical Management, its representative Louis Heard, and Coast Plaza Doctors Hospital. This sanction was levied for filing an untimely objection with a misrepresentation regarding their failure to attend a lien conference, despite clear instructions on filing procedures. The Board found the objection's attached notes demonstrated a deliberate decision not to attend the conference, rendering their excuse of software issues for the misrepresentation unconvincing. The sanction is jointly and severally payable to the Workers' Compensation Appeals Board.

WORKERS' COMPENSATION APPEALS BOARDOPINION AND DECISION AFTER REMOVALORDER IMPOSING SANCTIONSLABOR CODE § 5813Petition for Reconsiderationlien claimantuntimely Objectionmisrepresentation of factInnovative Medical ManagementCoast Plaza Doctors Hospital
References
0
Case No. ADJ6502736
Regular
Nov 21, 2011

JUAN BARCENAS vs. THE BEST MASTER ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND, New Age Imaging Copy Service

This order imposes a $500.00 sanction against lien claimant New Age Imaging Copy Service for filing a frivolous petition for reconsideration without justification. The Board previously provided notice of its intent to sanction and allowed an opportunity to object, which the lien claimant failed to do. The sanction is for violating Labor Code section 5813 and WCAB Rule 10561(b)(2) regarding frivolous filings. Payment is due within twenty days to the Workers' Compensation Appeals Board for transmittal to the General Fund.

Frivolous petitionSanctionLabor Code section 5813WCAB Rule 10561(b)(2)Lien claimantPetition for reconsiderationNotice of intentionGood causeOpinion and Order Dismissing Petition for ReconsiderationGranting Removal
References
0
Case No. ADJ6461450
Regular
Apr 23, 2012

ANDREW HADDAD vs. SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE COMPANY c/o BERKLEY SPECIALTY

This case involves a notice of intention to issue sanctions against applicant's attorney, Christopher Ginocchio, and his firm, Leviton, Diaz & Ginocchio, under Labor Code section 5813. The sanctions are proposed due to the attorney's alleged bad-faith actions in his answer to the defendant's petition for reconsideration. Specifically, the attorney cited a deposition transcript not in evidence and failed to comply with evidence citation rules. The Board intends to impose a $500 sanction unless good cause is shown within 15 days.

Labor Code section 5813California Code of Regulations title 8 section 10561bad-faith actionsfrivolousunnecessary delaydeposition transcript not in evidenceRule 10842evidentiary statementsspecific references to the recordexhibit number
References
3
Case No. ADJ7313244
Regular
Sep 14, 2012

KEVIN WRIGHT vs. CALIFORNIA WATER SERVICE COMPANY

The Workers' Compensation Appeals Board is issuing a notice of intention to sanction the defendant's attorneys $500 for misrepresenting the record and failing to follow procedural rules. The defendant's petition for reconsideration selectively quoted and omitted material facts from medical depositions, thereby distorting the evidence. Specifically, the defendant misrepresented a QME's opinion on industrial causation and applicant's stress levels. This failure to fairly state the evidence and provide specific record citations violates WCAB rules and warrants sanction.

Workers Compensation Appeals BoardLabor Code section 5813cumulative trauma injuryindustrial causationPetition for ReconsiderationPanel QMEWCJRules of Practice and Procedurematerial misrepresentationselective quotation
References
0
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