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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 The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr.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. Misc. No. 257
Significant

vs. Javier Jimenez

The Workers' Compensation Appeals Board issued a notice of intention to suspend Javier Jimenez's privilege to appear as a representative for 180 days, citing a pattern of bad-faith tactics, frivolous actions, and repeated failure to comply with sanction orders.

Labor Code section 4907Representative privilege suspensionWCAB en bancSanctionsBad-faith actionsFrivolous tacticsUnnecessary delayLien claimantsLabor Code section 5700 agentRepeated misconduct
References
Case No. ADJ6573692
Regular
May 09, 2016

Gloria Mares vs. 99 Cents Only Stores, Broadspire

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by lien claimants. The petition was dismissed because the lien claimants' representative, Frank Ureno, failed to file a proper Notice of Representation with the Board. This procedural defect, the failure to comply with notice requirements for representation, was grounds for dismissal. The Board also noted that the petition would have been denied on its merits if not for the procedural issue.

Petition for ReconsiderationLien claimantsNotice of RepresentationHearing RepresentativeCalifornia Code of Regulations 10774.5DismissalWorkers' Compensation Appeals BoardWCJ ReportUn-numbered pagesOrder Dismissing Lien Balance
References
Case No. ADJ4534638
Regular
May 03, 2018

HERLINDO LOERA vs. FOSTER FARMS

This case involves a Petition for Removal that the Workers' Compensation Appeals Board (WCAB) denied. The WCAB stated that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, and that reconsideration is typically an adequate remedy. Based on the administrative law judge's analysis, the WCAB found neither condition was met. The WCAB also clarified that only the Board, not an administrative law judge, has the authority to remove a representative's privilege to appear in proceedings.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationLabor Code section 4907privilege to appearrepresentativenonattorney representative
References
Case No. ADJ6918399
Regular
Feb 27, 2013

MARIA SANCHEZ vs. AUTOZONE, INC./USF&G, Administered By GALLAGHER BASSETT/NUFIC Administered By GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) granted the lien claimant's petition for reconsideration regarding the dismissal of its lien. Despite the lien claimant's assertion of lack of notice, the record indicates their representative appeared and signed in for the trial. The WCAB found the petition frivolous, citing the claimant's failure to object to a Notice of Intention to Dismiss and misrepresentation of facts. Consequently, the WCAB intends to impose sanctions up to $1,200.00 against the lien claimant and its representative for abuse of process.

Petition for ReconsiderationOrder of Dismissal of LienLien ClaimantNotice of Intention to DismissDue ProcessHearingWCJBoard Rule 10562Labor Code section 5813Sanctions
References
Case No. ADJ394613 (VNO 0530712); ADJ2266356 (VNO 0530710)
Regular
Jun 25, 2015

MARIA ESTRELLA vs. DURHAM SCHOOL SERVICES/NATIONAL EXPRESS CORPORATION, FIDELITY AND GUARANTY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied a Petition for Removal filed by a lien claimant. The lien claimant argued substantial prejudice due to the employer's non-attorney representative. However, the Board found that the non-attorney representative complied with relevant regulations, and the lien claimant failed to demonstrate substantial prejudice or irreparable harm. Therefore, removal was deemed an extraordinary remedy not warranted in this case, with reconsideration serving as an adequate remedy if necessary.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ ReportSubstantial PrejudiceIrreparable HarmReconsiderationRule 10773Non-Attorney RepresentativeHearing RepresentativeLien Claimant
References
Case No. ADJ3953416
Regular
Mar 07, 2013

CLENNON MOORE vs. COUNTY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding no significant prejudice or irreparable harm from the WCJ's order vacating a trial date. The Board also denied the defendant's petition to remove the applicant's non-attorney representative, Danny Boyd, from appearing, despite Boyd's history of abusive conduct. However, the Board issued a stern warning to Boyd that future misconduct will result in proceedings to remove his privilege to represent parties. The Board noted Boyd's potential violation of paralegal regulations and advised him to ensure compliance.

WCABPetition for RemovalHearing RepresentativeLabor Code Section 4907Cease and Desist OrderAbusive ConductNon-attorney RepresentativeSB 899Labor Code Section 5814Medical Mileage
References
Case No. Misc. No. 254
En Banc
Sep 21, 2011

vs. Daniel Escamilla

The Workers' Compensation Appeals Board issued a Notice of Hearing to consider suspending or removing Daniel Escamilla's privilege to appear as a representative, citing a history of sanctions for bad-faith actions, frivolous tactics, and causing unnecessary delays.

Labor Code Section 4907Privilege SuspensionRepresentative MisconductBad Faith ActionsFrivolous PleadingsMisrepresentations of FactAppeals Board RulesState Bar RulesWCJ SanctionsHearing 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. ADJ6540032
Regular
Jul 11, 2013

EDMUNDO MORENO vs. DRON'S EQUIPMENT REPAIR, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of an administrative law judge's order dismissing a lien claim. The lien claimant, Accident Injury & Family Therapy, failed to pay the required lien activation fee before the lien conference, as mandated by law. The Board also admonished the lien claimant's representatives, Innovative Medical Management and Louis Heard, for repeated procedural violations. Continued non-compliance could lead to the removal of their privilege to appear before the Appeals Board.

Lien activation feeLien claim dismissalPetition for reconsiderationWCABWCJWorkers' compensationInnovative Medical ManagementLouis HeardAccident Injury & Family TherapyLabor Code section 4907
References
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