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

Case No. ADJ3193987 (RIV 0037219)
Regular
Feb 26, 2009

DOUGLAS CRAWFORD vs. COUNTY OF SAN BERNARDINO FIRE DEPARTMENT, COUNTY OF SAN BERNARDINO

This case involves a lien claimant, Forensic Psychiatric Services, whose lien was initially slated for disallowance due to an unprepared representative at a conference. The lien claimant petitioned for the Workers' Compensation Administrative Law Judge's (WCJ) disqualification, alleging bias and an unwarranted opinion. The Appeals Board denied the disqualification petition, finding insufficient grounds. However, they granted the lien claimant's objection to the disallowance notice, rescinded it, and returned the matter to the trial level for further proceedings.

Workers' Compensation Appeals BoardForensic Psychiatric ServicesPetition for DisqualificationNotice of Intention to Disallow Lien ClaimWorkers' Compensation Administrative Law Judgeunprepared lien representativeunqualified opinionevinced enmityWCAB Rule 10452objection to NOI
References
0
Case No. ADJ8300983
Regular
Apr 28, 2014

ALBERTO CHICO vs. ONEMOR, INC., dba McDONALD'S, CALIFORNIA RESTAURANT MUTUAL BENEFIT CORP.

The Appeals Board denied reconsideration for the Jacobs-represented lien claimants, upholding the disallowance of their liens due to a failure to prove industrial injury and insufficient evidence. However, the Board granted reconsideration for the Kauffman-represented lien claimants, rescinding the sanctions previously imposed. While agreeing that the Kauffman claimants also failed to prove injury, the Board found their conduct did not rise to the level of bad faith or frivolous tactics required for sanctions.

WCABlien claimantspetition for reconsiderationFindings and OrderOrder Overruling Objection and Imposing Sanctionsindustrial injuryprobative evidencesanctionsbad-faith actionsfrivolous
References
9
Case No. ADJ7184070
Regular
Aug 17, 2016

ARMANDO RODRIGUEZ vs. PACIFIC EXTERIORS, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a lien claimant's Petition for Removal and Disqualification of the WCJ. The lien claimant sought to challenge an order rescinding an earlier lien allowance and a notice of intent to sanction them for allegedly obtaining a settlement without proper authority. The Board found that the lien claimant had adequate recourse through a petition for reconsideration regarding sanctions and that the disqualification allegations were not supported by the record. The WCJ acted appropriately by rescinding the order when concerns were raised, and no bias was demonstrated.

Petition for RemovalWCJLien ClaimantSanctionsDisqualificationCompromise and ReleaseLabor CodeAdministrative Law JudgeOrder Re: LienPetition for Reconsideration
References
1
Case No. ADJ4702870
Regular
Dec 12, 2016

RUBIE JOHNSON vs. LOS ANGELES COUNTY MENTAL HEALTH, TRISTAR RISK MANAGEMENT

The Workers' Compensation Appeals Board (WCAB) denied a lien claimant's petition to disqualify a judge because the lien was resolved and the claimant was no longer a party. The claimant had previously withdrawn their lien, acknowledging it was resolved and that they were dismissed from the case. This resolution rendered the disqualification petition moot, especially after prior appeals and sanctions against the lien claimant were finalized. The WCAB admonished the lien claimant to avoid wasting board resources in the future.

Workers' Compensation Appeals BoardPetition for DisqualificationWCJLien ClaimantMootPetition for RemovalSanctionsLabor Code section 5813WCAB Rule 10561Writ of Review
References
0
Case No. ADJ9307293
Regular
Jan 08, 2016

JUAN GARCIA vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

The Workers' Compensation Appeals Board denied the CCPOA Benefit Trust Fund's petition for reconsideration. The lien claimant sought penalties, alleging bad faith because the defendant sent an award payment directly to the lien claimant instead of its hearing representative. The Board found no evidence of unreasonable delay, noting the payment was timely sent to the address on file and promptly cashed by the lien claimant, constituting substantial compliance. The Board also suggested the lien claimant's multiple claims and penalty requests, despite timely payment, could constitute bad faith.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationBad Faith ActionsHearing RepresentativeSubstantial ComplianceSanctionsLabor Code Section 5700Legal Services BureauCCPOA Benefit Trust Fund
References
2
Case No. ADJ9910901
Regular
Oct 04, 2019

JOSE MARTINEZ vs. WEST LAKE FINANCIAL SERVICES, INTERCARE HOLDINGS INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board denied a lien claimant's petition for disqualification of a judge, finding no evidence of bias. The Board dismissed the lien claimant's petition for reconsideration, as it was filed against a non-final procedural order. However, the Board granted the lien claimant's petition for removal and rescinded the judge's order compelling the lien claimant's representative to appear, due to procedural issues regarding potential sanctions. The matter was returned to the judge for further proceedings consistent with the Board's opinion.

WCABPetition for DisqualificationPetition for ReconsiderationPetition for RemovalLien ClaimantWorkers' Compensation JudgeWCJ EdelbergMinute OrderAni BalianDebra Ketchens
References
2
Case No. ADJ3502187 (ANA 0400925)
Regular
Aug 13, 2018

BALENTIN OCAMPO (Deceased) vs. MIKE ETCHANDY FARMS, INCORPORATED, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied a lien claimant's petition for disqualification of the judge, finding no evidence of bias or prejudgment. The WCAB dismissed the lien claimant's petition for reconsideration because the challenged order was interlocutory and not a final decision. However, the WCAB granted the lien claimant's petition for removal, rescinded the judge's order, and returned the matter to the trial level. This allows the judge to hear new arguments regarding the admissibility of the lien claimant's evidence in the first instance.

Workers' Compensation Appeals BoardLien claimantDisqualificationPetition for ReconsiderationPetition for RemovalMinute OrderWCJMedical-legal expensesCompromise and ReleaseAdmissibility of evidence
References
0
Case No. ADJ7564894
Regular
Jun 07, 2013

FLOR DE MARIA DE LEON vs. PORTO'S BAKERY, INC, TRAVELERS

Here's a summary for a lawyer: This case involves a lien claimant, First Choice Health UBC, whose lien was dismissed for failure to provide proof of timely payment of the lien activation fee at a lien conference. While the claimant's representative appeared for "FCH" and later submitted proof of payment for a different, similarly named entity (First Choice Medical Group), no proof was provided for First Choice Health UBC itself. The WCJ recommended denial of reconsideration, finding that the claimant failed to meet the requirements of Labor Code section 4903.06(a)(4) by not presenting evidence of activation fee payment for the correct entity at the conference, thus warranting dismissal with prejudice. The Appeals Board adopted the WCJ's report and denied the petition.

Lien ClaimantActivation FeePetition for ReconsiderationDismissal with PrejudiceContinuous TraumaServerBack InjuryKnee InjuryLower ExtremitiesNervous/Psyche
References
0
Case No. ADJ2275429 (VNO 0463950)
Regular
Mar 05, 2025

VINCENT DOWNEY vs. TECHNICOLOR, INC.; PACIFIC EMPLOYERS INSURANCE COMPANY; TECHNICOLOR FILM SERVICES; FEDERAL INSURANCE COMPANY; DELUXE LABORATORIES; LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed a lien claimant's Petition for Reconsideration as successive, finding it reiterated previously raised issues without presenting new evidence. Additionally, the Board dismissed the lien claimant's Petition for Disqualification against the Workers' Compensation Judge, citing untimeliness and a lack of sufficient factual allegations to establish grounds for disqualification under Labor Code section 5311 and Code of Civil Procedure section 641. The decision emphasizes that prior adverse rulings or expressions of opinion based on evidence do not constitute bias for disqualification.

WCABPetition for ReconsiderationPetition for DisqualificationLien ClaimantLabor Code section 5909EAMSWCJ ReportCode of Civil Procedure section 641WCAB Rule 10960Successive Petition
References
19
Case No. ADJ2303350 (FRE 0230817)
Regular
Apr 05, 2013

Benjamin Martinez vs. Boghossian Raisin Packing, State Compensation Insurance Fund

Lien claimants sought reconsideration of notices to dismiss their liens, but the Appeals Board dismissed their petition as interlocutory orders are not subject to reconsideration. The Board granted removal on its own motion and intends to sanction the lien claimants' representative, AMR Group, and the lien claimants themselves (Hooty Services and Accutox) for frivolous and bad-faith actions. This intent to sanction stems from their attempt to challenge a procedural order clearly permitted by Appeals Board rules.

Workers Compensation Appeals BoardPetition for ReconsiderationLien ClaimantsNotice of IntentionDismissalRemovalSanctionsLabor CodeFinal OrderInterlocutory Decisions
References
7
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