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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ332528 (AHM 0104042)
Regular
Mar 22, 2011

ERNEST DANIELS vs. PIEDMONT ENGINEERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board imposed a $250.00 sanction against the State Compensation Insurance Fund and its attorney, Maria Frias Callejas. This sanction was issued due to their failure to respond to a Notice of Intention to Impose Sanctions and their violation of the Board's Rules of Practice and Procedure. No timely objection demonstrating good cause was filed. Consequently, they are jointly and severally liable for the payment of the sanction to the Appeals Board.

Workers' Compensation Appeals BoardSanctionsState Compensation Insurance FundMaria Frias CallejasRules of Practice and ProcedureNotice of IntentionGood CauseTimely ResponseJoint and Several LiabilityAttorney for Defendant
References
Case No. ADJ8423237
Regular
Nov 09, 2016

RUBEN SALINAS vs. MAGALY CORPORATION, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board denied reconsideration, affirming that the lien claimant received due process despite the absence of a formal Notice of Intention to Impose Sanctions. The Board found that the lien claimant had multiple opportunities to respond to the defendant's detailed petitions for sanctions and costs, including a hearing and subsequent amended filings. Therefore, the lien claimant had adequate notice and the opportunity to be heard, satisfying due process requirements.

WCABPetition for Reconsideration DeniedLien ClaimantDue ProcessNotice and Opportunity to be HeardPetition for SanctionsLabor Code § 5813WCJ Report AdoptedSanctions IssueAmended Petition for Sanctions
References
Case No. ADJ809010 (LAO 0877737)
Regular
Feb 28, 2012

Jessica Leaser vs. Washington Mutual, Zurich North America, SRS/SEDGWICK Claims Management Services

The Appeals Board dismissed the lien claimant's petition for reconsideration as untimely, as it was filed three days after the statutory deadline. Although the administrative law judge (WCJ) issued a notice of intent to sanction the lien claimant for proceeding to trial without a legal basis, the Board granted removal on its own motion. The Board rescinded the sanctions, finding the WCJ's assessment of "no factual or legal basis" unsupported on the current record, and returned the case to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely PetitionJurisdictional Time LimitsRemoval on Board MotionMonetary SanctionsNotice of Intention to Impose SanctionsRescinded SanctionsLien ClaimantClaims Administrator
References
Case No. ADJ18918866, ADJ18919434
Regular
Jul 07, 2025

LOUIS ROGELIO SANCHEZ vs. FFBH MOTORS LLC, OCCUSURE CLAIMS SERVICES

The Workers' Compensation Appeals Board granted a petition for reconsideration filed by defendant Occusure Claims Services, challenging a monetary sanctions order issued by a WCJ. Occusure was sanctioned for failing to appear at status and mandatory settlement conferences, despite being served with an amended application joining them as a party. Occusure contended it was erroneously joined as AmTrust Claims administered the injury claims and its non-appearance was due to clerical oversight, not intentional disregard. The Board found that Occusure's due process rights were violated by not having an opportunity to be heard on its claims of erroneous joinder and procedural failures within its organization. Consequently, the Board rescinded the sanctions order and returned the case to the trial level for further proceedings to ensure a full hearing on these issues.

Labor Code section 5813Board Rule 10561Petition for ReconsiderationMonetary SanctionsAdministrative OversightExcusable NeglectCode of Civil Procedure section 473Labor Code section 5909Electronic Adjudication Management SystemApplication for Adjudication of Claim
References
Case No. ADJ3395089 (STK 0177203) ADJ2229380 (STK 0196966)
Regular
Apr 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Appeals Board initially proposed sanctions against attorney Michael Linn, Esq., mistakenly listing the service date for his objection period. Despite Mr. Linn filing objections on March 4th and April 6th/9th, which were not technically untimely based on the actual service dates, the Board granted him further opportunities to respond. Ultimately, the Board extended the deadline to May 20, 2009, for Mr. Linn to file any additional objections to the proposed $\$ 500.00$ monetary sanction, citing potential service discrepancies and aiming to avoid any appearance of prejudice.

Workers' Compensation Appeals Boardmonetary sanctionsnotice of intentiondue processservice date discrepancyobjection to sanctionsadditional timeCalifornia Code of Regulationsfurlough directivesstate holidays
References
Case No. ADJ10531138
Regular
Mar 10, 2025

JOAN MARASON vs. QUALITY COMP. INC.; ATHENS ADMINISTRATORS

Lien claimant representative Alex Kauffman sought reconsideration of a WCJ's Findings and Order (F&O) which imposed monetary sanctions for disruptive and unprofessional conduct during a lien conference. Kauffman contended the F&O lacked adequate basis and did not reflect a review of the entire record. The Workers' Compensation Appeals Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings. This decision was based on concerns that a reasonable person might doubt the WCJ's impartiality given the WCJ was a potential witness to the events leading to the sanctions.

ADJ10531138Alex KauffmanPetition for ReconsiderationMonetary SanctionsDisruptive ConductUnprofessional ConductLien ConferenceNotice of Intent to Impose SanctionsWCJ ImpartialityRescinded Order
References
Case No. ADJ3942275 (LAO 0879499) ADJ4411298 (LAO 0879500)
Regular
Jul 12, 2012

JESUS RODRIGO GUZMAN vs. CHAMPION ARROWHEAD BRASS PRODUCTS, ZENITH INSURANCE COMPANY

This case involves sanctions imposed against Erika Campos and Fred F. Hafezi, M.D., for bad faith actions and tactics. They are jointly and severally sanctioned $1,000.00 payable to the Workers' Compensation Appeals Board. Sanctionable conduct included a misdated proof of service and misstatements of fact in a petition, as detailed in the WCJ's report. Neither Campos nor Hafezi responded to the Board's notice of intent to sanction.

SanctionsLabor Code section 5813Opinion and Decision After RemovalMisstatements of factBad faith actionsWorkers' Compensation Appeals BoardWCJProof of servicePetition for ReconsiderationNotice of Intention to Issue Sanctions
References
Case No. ADJ7149085
Regular
Sep 16, 2010

MARTINE MARTE vs. SENECA RESIDENTIAL & DAY TREATMENT CENTER, AIG INSURANCE CO., GALLAGHER-BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's (WCJ) order imposing sanctions against the defendant. The defendant was sanctioned for failing to comply with a court order requiring specific responses regarding a Compromise and Release agreement. While the Board acknowledged the defendant's flawed attempt to withdraw the agreement and insufficient initial response, it found the defendant's actions did not rise to the level of bad faith or frivolous conduct warranting sanctions. Ultimately, the Board rescinded the sanctions order, finding the defendant had acted with the intent to remedy deficiencies in the settlement.

Workers' Compensation Appeals BoardSanctionsReconsiderationCompromise and ReleaseWCJPetition for ReconsiderationOrder Imposing SanctionsReport and RecommendationNotice of Intention to Impose SanctionsFailure to Comply
References
Case No. STK 180994
Regular
Jul 18, 2007

DAVID CINGCON vs. CYRUS YOUSSEFI, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) initially considered imposing sanctions on applicant's attorney for filing a frivolous and factually incomplete petition for reconsideration. However, after reviewing the attorney's explanation regarding instructions from a former employer and her interpretation of the case's issues, the WCAB decided not to impose sanctions in this instance. The matter is now returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardSanctionsFrivolous PetitionOmitted FactsEstoppel ArgumentCompromise and ReleaseAttorney's FeesRemovalTrial Level ProceedingsMonetary Sanctions
References
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