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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ292109 (LAO 0863163)
Regular
Oct 27, 2015

Erica Brumfield vs. County of Los Angeles, Department of Social Services, York Risk Services

The Appeals Board granted reconsideration and rescinded the WCJ's dismissal order. The dismissal was based on a defendant's petition containing material misrepresentations and improper service on the unrepresented applicant. Crucially, the defendant failed to properly serve notice of dismissal proceedings, and the applicant was actively pursuing her claim as evidenced by her communications with adjusters and medical providers. Therefore, the dismissal order is void *ab initio* due to lack of due process and material misrepresentations.

Amended Petition to Set Aside DismissalPetition to Dismiss Based On Lack of Prosecutionvoid ab initiomaterial misrepresentationPetition for Reconsiderationrescind the Orderindustrial injuryunrepresentedin propria personamisrepresentation of facts
References
Case No. Misc. No. 254
Significant
Sep 21, 2011

vs. Daniel Escamilla, Respondent

The Workers' Compensation Appeals Board issued a notice of hearing to consider suspending or removing Daniel Escamilla's privilege to appear as a representative due to a pattern of bad-faith actions, frivolous tactics, and misrepresentations of fact across multiple cases.

Labor Code section 4907Privilege suspensionRemoval of privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctionsHearing representative
References
Case No. Misc. No. 254
Significant
Sep 21, 2011

vs. Daniel Escamilla

The Workers' Compensation Appeals Board issued a notice for a hearing to consider the suspension or removal of Daniel Escamilla's privilege to appear as a representative, citing a history of repeated sanctions for frivolous petitions, bad-faith tactics, and misrepresentations of fact in multiple cases.

Labor Code section 4907Suspension of privilegeRemoval of privilegeRepresentative privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctions
References
Case No. ADJ7643805; ADJ7749385 ADJ7749386
Regular
Sep 24, 2012

MARIA CAPETILLO vs. BARRETT BUSINESS SERVICES, CORVEL

A lien claimant's petition for reconsideration was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was based on the lien claimant's failure to verify the petition and lack of proof of service on the parties involved. The WCAB noted that failure to comply with these procedural requirements is grounds for dismissal and that the lien claimant also misrepresented facts in their petition. The Board admonished the lien claimant regarding future sanctions for such misrepresentations.

WCABLien claimantPetition for ReconsiderationOrder Dismissing LienNotice of Intent to Dismiss LienUnverified petitionProof of serviceCalifornia Code of RegulationsLabor Code section 5902Misrepresentation of facts
References
Case No. ADJ6781132
Regular
Oct 03, 2013

GERONIMO MONTANO vs. SA RECYCLING, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied Nepac Providers, LLC's Petition for Reconsideration. The lien claimant failed to appear at a scheduled hearing and did not pay the required activation fee. The Board adopted the Administrative Law Judge's report, finding that the lien claimant misrepresented facts and that their contentions regarding premature filings were incorrect. The Board also warned the lien claimant against future misrepresentations to avoid sanctions.

Petition for ReconsiderationLien ClaimantWCABWCJOrder DenyingMisrepresentation of FactsNotice of IntentionSanctionsDeclaration of Readiness to ProceedActivation Fee
References
Case No. ADJ7950596, ADJ7119898
Regular
Nov 24, 2014

Physical Rehabilitation Services vs. LA CASA ANAHEIM RESORT, Cypress Insurance Company, Berkshire Hathaway Homestate Companies

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration, affirming the WCJ's decision to disallow the lien. The Board found the petition contained substantial misrepresentations of fact and granted removal to impose sanctions under Labor Code section 5813. The lien claimant, its representative, and attorney are jointly and severally sanctioned $1,200 for bad-faith tactics due to the filing of a frivolous petition lacking merit and containing false statements.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrdersFunctional Capacity EvaluationBurden of ProofSanctionLabor Code section 5813Due ProcessMedical Provider Network
References
Case No. ADJ8721136
Regular
Dec 07, 2015

LILITH TEITELBAUM vs. KAISER FOUNDATION HOSPITAL; Permissibly Self-Insured, Administered By Sedgwick CMS

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that no order precluded the defendant from deposing the qualified medical evaluator. The Board also initiated removal on its own motion to issue a notice of intention to assess sanctions against the applicant's attorney and his firm. This action stems from the attorney's verified petition containing misrepresentations of fact and intemperate language, violating WCAB rules on sanctions for frivolous or delaying tactics. Ultimately, the Board found the applicant's attorney's conduct warranted sanctions due to false statements and unprofessional conduct in pursuing reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical Evaluator (QME)SanctionsLabor Code § 5813Bad Faith ActionsFrivolous TacticsMisrepresentation of FactsIntemperate LanguageWCAB Rule 10561(b)
References
Case No. ADJ3132204 (AHM 0076439)
Regular
May 08, 2014

LYNETTE WINTER vs. COUNTY OF RIVERSIDE

This Workers' Compensation Appeals Board case involves a Petition for Removal filed by the applicant, Lynette Winter. The Board denied removal, adopting the WCJ's report which found misrepresentations of fact and law in the petition. The Board also noted the applicant's counsel failed to comply with procedural rules for disqualification petitions and that compelling a WCJ's testimony is forbidden. Counsel was admonished that further such petitions could lead to sanctions.

Petition for RemovalWCJ ReportMisrepresentations of Fact and LawPetition for DisqualificationLabor Code Section 5311WCAB Rule 10452WCAB Rule 10593Compel TestimonySanctionsAdmonishment
References
Case No. ADJ7661375
Regular
Jun 03, 2013

JOSE CERVANTES vs. TOTAL RESOURCES INTERNATIONAL, INC., ZENITH INSURANCE COMPANY

The Appeals Board granted reconsideration for lien claimant PTS after their lien was dismissed for failure to prove timely payment of the activation fee. The Board dismissed TCMG's petition for reconsideration because they did not file a lien and their petition contained numerous misrepresentations and procedural violations. The Board also issued a notice of intention to impose sanctions up to $2,000 against Innovative Medical Management, the representative for both lien claimants, due to their bad faith actions and misrepresentations.

Lien activation feeProof of prior paymentSanctionsLabor Code Section 4903.06Labor Code Section 5813Appeals Board Rule 10561Due processMisrepresentation of factsStanding to appealEAMS
References
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