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Case Law Database

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

Case No. ADJ3995222
Regular
Oct 03, 2014

CHRISTINE PUBLICOVER vs. BOUGET BROS, LIBERTY MUTUAL INSURANCE

This case concerns Dr. Mark Greenspan's lien, which was dismissed due to non-appearance at a lien conference. The Workers' Compensation Appeals Board (WCAB) denied Dr. Greenspan's Petition for Reconsideration, upholding the dismissal. The WCAB found that Dr. Greenspan failed to establish good cause for his non-appearance, as the alleged hacking issue did not justify the lack of awareness regarding the hearing date. Furthermore, the WCAB noted that defendants are not obligated to contact lien claimants about non-appearances.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ reportSection 10848lien conferenceNotice of Intent (NOI)EAMSlien claimantgood causehacking
References
0
Case No. ADJ928027
Regular
Feb 03, 2016

DAVID TRINH vs. TZENG LONG USA, INC., BERKSHIRE HATHAWAY

This case involves the suspension of Mike Traw's privilege to appear before the Workers' Compensation Appeals Board (WCAB) under Labor Code Section 4907. The WCAB issued a Notice of Intention to suspend due to non-payment of sanctions and failure to respond. While Professional Lien Services, Inc. (PLS) sought extensions, neither Traw nor PLS provided a substantive response. Consequently, Traw's appearance privilege is suspended for ninety days due to his failure to comply with the WCAB's orders. Further action against PLS may occur if ordered sanctions remain unpaid.

Labor Code Section 4907Decision After RemovalNotice of IntentionSuspension of PrivilegeProfessional Lien ServicesMike TrawAppeals Board En BancSanction OrderInterference with Judicial ProcessWCAB
References
0
Case No. ADJ430401 (LAO 0856105)
Regular
Feb 21, 2017

JANICE SIMMONS vs. SECURITAS SECURITY SERVICES, USA, INC., SEDGWICK CMS

The Workers' Compensation Appeals Board granted the lien claimant's petition for reconsideration of an order dismissing its lien claim for non-appearance. The dismissal was based on the lien claimant's failure to appear at a lien conference and file an objection. However, the lien claimant argued it was never properly served with the dismissal order. The Board found insufficient proof of service in the record and therefore rescinded the dismissal order. The case is returned to the trial level for the judge to determine if the lien claimant has shown good cause for its non-appearance.

Lien claimantPetition for ReconsiderationOrder Dismissing Lien ClaimNon-AppearanceWCAB Rule 10562Proof of ServiceNotice of RepresentationAdministrative Law JudgeWith PrejudiceObjection
References
0
Case No. ADJ1500144 (SAC 0290200) ADJ820065 (SAC 0352087) ADJ1538813 (MON 0309956) ADJ3751110 (MON 0326164)
Regular
Apr 09, 2009

PARVIN OLFATI (aka PATTY OLFATI) vs. STATE OF CALIFORNIA BOARD OF EQUALIZATION, Legally Uninsured; and STATE COMPENSATION INSURANCE FUND (Adjusting Agency)

This case involves applicant Parvin Olfati's petition for reconsideration of an order dismissing her four workers' compensation cases. The dismissal was based on her failure to timely object to a Notice of Intention to dismiss, stemming from her refusal to participate and her non-appearance at a mandatory settlement conference. The Workers' Compensation Appeals Board denied her petition, finding she did not establish good cause for her non-appearance or failure to timely object. Her arguments regarding fear for her safety, lost files, and denial of discovery were deemed insufficient to excuse her non-compliance.

WCABPetition for ReconsiderationNotice of Intention to DismissMandatory Settlement ConferenceGood CauseTimely ObjectionWCJReport and RecommendationAdministrative Law JudgeEAMS
References
1
Case No. ADJ1297763
Regular
Dec 16, 2010

MARTIN LOPEZ GARCIA vs. RIVER RANCH FRESH FOODS, INTERCARE INSURANCE SERVICES

This case concerns a lien claimant, Frontier Medical Inc., whose lien for durable medical equipment was dismissed by a WCJ for failing to appear at a scheduled lien trial. The lien claimant argued their non-appearance was an inadvertent mistake and that they were entitled to a hearing on the merits. The Appeals Board granted reconsideration, rescinded the dismissal order, and remanded the case for further proceedings. The Board emphasized the legal policy favoring hearings on the merits, especially in workers' compensation cases, and found the lien claimant's explanation for non-appearance warranted further consideration.

Workers' Compensation Appeals BoardLien claimantLien trialNotice of Intention to DismissDue processHearing on the meritsSanctionsLabor Code section 4903(b)Durable medical equipmentInadvertent mistake
References
9
Case No. 14-07-00239-CV
Regular Panel Decision
Nov 04, 2008

Douglas Ashworth v. Richard Brzoska

This case concerns the reversal and remand of a post-answer default judgment against appellant Douglas Ashworth. Ashworth failed to appear for trial, claiming he did not receive notice due to an un-updated mailing address. The trial court denied his motion for a new trial, asserting his non-appearance was due to his failure to update his address. The appellate court found that the trial court abused its discretion, concluding that Ashworth's failure to update his address and subsequent non-appearance were not intentional or a result of conscious indifference, primarily because he believed the lawsuit had been resolved. The court also noted a lack of evidence that the trial setting notice was properly mailed by certified or registered mail. The judgment is reversed, and the cause is remanded for a new trial.

Default JudgmentNew Trial MotionNotice of TrialPro Se LitigantAbuse of DiscretionCraddock TestMailing AddressAppellate ReviewCivil ProcedureDue Process
References
35
Case No. MISSING
Regular Panel Decision

Nationwide Distribution Services, Inc. v. Robert Jones and Poly Trucking, Inc.

National Distribution Services, Inc. (NDS) appealed the denial of its special appearance, arguing that the trial court lacked personal jurisdiction and that NDS had not waived its right to contest jurisdiction. The appellate court found that NDS waived its special appearance by violating the due-order-of-hearing requirement of Rule 120a. NDS had filed motions to compel discovery and a motion for continuance, both relating to the merits of the case, and obtained rulings on them before its special appearance was heard. These actions were deemed inconsistent with NDS's challenge to the court's jurisdiction. Consequently, the appellate court affirmed the trial court's order denying NDS's special appearance.

Special AppearancePersonal JurisdictionWaiverDue Order of HearingRule 120aDiscovery MotionsMotion to CompelMotion for ContinuanceInterlocutory AppealTexas Civil Procedure
References
20
Case No. Misc. No. 257
En Banc
Feb 18, 2016

vs. JAVIER JIMENEZ

The Appeals Board suspended the privilege of Javier Jimenez to appear as a representative for 180 days due to his failure to respond to a Notice of Intention to Suspend, which was based on non-compliance with prior sanction orders.

WCABLabor Code section 4907Representative privilege suspensionNotice of IntentionSanction ordersEn banc decisionAdministrative law judgeCompliance180-day suspensionFurther hearing
References
0
Case No. Misc. No. 254
En Banc
Feb 14, 2013

vs. Daniel Escamilla

The Workers' Compensation Appeals Board suspends Daniel Escamilla's privilege to appear before it as a non-attorney representative for 90 days, finding good cause due to a repeated pattern of sanctionable conduct, including frivolous filings and misrepresentations of fact.

Labor Code section 4907nonattorney hearing representativeprivilege to appearWCABgood causefrivolous conductsanctionsLabor Code section 5813WCAB Rule 10561willful misrepresentation
References
54
Case No. Misc. No. 254
Significant
Feb 14, 2013

Workers' Compensation Appeals Board, State of California vs. Daniel Escamilla

The Workers' Compensation Appeals Board suspended the privilege of non-attorney representative Daniel Escamilla to appear before it for 90 days due to a persistent pattern of professional misconduct, including filing frivolous petitions and making material misrepresentations, which sanctions had failed to correct.

Labor Code Section 4907Nonattorney Hearing RepresentativePrivilege to AppearGood CauseSanctionsFrivolous ConductBad FaithMisrepresentation of FactsWCAB Rule 10561Continuing Violation Doctrine
References
66
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