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

Case No. ADJ5814563
Regular
Nov 19, 2012

MARIA VILLEGAS vs. BURKE WILLIAMS, INC., TRAVELERS SACRAMENTO

The Appeals Board dismissed the lien claimant's Petition for Reconsideration as untimely, unverified, and unserved. The Board also initiated removal and a notice of intention to impose a $250 sanction against the lien claimant and its representative for frivolous conduct, including filing a petition with willful misrepresentations of the record. The lien claimant failed to appear at a lien conference, leading to a Notice of Intention to Dismiss, which formed the basis of the dismissed petition. The Board found the lien claimant's assertion of lack of notice contradicted the record, which showed service of the conference notice.

Notice of Intention to Dismiss LienPetition for ReconsiderationLien claimantRemovalSanctionsLabor Code § 5813Due processVerificationServiceUntimely
References
9
Case No. ADJ7497216 ADJ7497217 ADJ7652808
Regular
Dec 05, 2011

KEYOE HALSEY vs. GENENTECH, ZURICH AMERICAN INSURANCE, Administered by HELMSMAN MANAGEMENT WEST

The Appeals Board granted the applicant's Petition for Removal because the applicant's counsel significantly distorted the record in arguing the WCJ improperly denied temporary disability and compelled a deposition. The WCJ's order was merely to take the matters off calendar to allow for further medical record development, not a final decision. The Board found the petition lacked merit and failed to reference material evidence, leading to a notice of intention to impose sanctions on the applicant's attorney.

Petition for RemovalLabor Code § 5813SanctionsOff Calendar OrderCompelled DepositionTemporary DisabilityAME reportsWCJBoard Rule 10842(a)Petition for Reconsideration
References
2
Case No. ADJ10435480
Regular
May 17, 2017

BRUCE MOORE vs. JEMICO, LLC, LIBERTY MUTUAL FIRE INSURANCE CO.

The Appeals Board granted reconsideration of a WCJ's award finding applicant sustained industrial injuries, not to decide the merits, but to issue a Notice of Intention to Impose Sanctions. Defendants' Petition for Reconsideration was found to be skeletal, lacking specific record references and relying on unsubstantiated claims, including a Wikipedia search. The Board also noted the defendants' failure to exercise due diligence in developing the record regarding applicant's alleged methamphetamine use. Sanctions are contemplated against defendants and their attorney for bad-faith actions and tactics.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsReasonable ExpensesLabor Code § 5813WCAB Rule 10561Findings and AwardAdministrative Law JudgeTemporary Total DisabilitySelf-Procured Medical Expenses
References
8
Case No. ADJ12768897
Regular
Jun 16, 2025

LUCIANO GONZALEZ MENDOZA vs. CARROL AND STRONG BUILDERS, PEDRO PILLAR LOPEZ, SOUTHEAST PESONNEL LEASING COMPANY, STATE COMPENSATION INSURANCE FUND

Defendant PL Construction/Pedro Lopez sought reconsideration of a March 24, 2025 Findings and Order by a workers' compensation arbitrator that found them uninsured for an injury to Luciano Gonzalez Mendoza. The Appeals Board granted the petition for reconsideration, citing insufficient notice of case transmission to the parties and an incomplete arbitration record. The Board issued a Notice of Intention to rescind the arbitrator's decision and return the matter for further proceedings if a complete record is not filed within thirty days.

Petition for ReconsiderationRescind Arbitrator's DecisionInsufficient EvidenceUninsured StatusAmbiguity in CoverageImplied-in-Fact ContractEstoppelPublic PolicyLabor Code § 5909Electronic Adjudication Management System
References
17
Case No. ADJ4279077 (SDO 0317244)
Regular
May 05, 2018

TINA BARONI vs. CITY OF OCEANSIDE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INDEMNITY COMPANY

The Workers' Compensation Appeals Board (WCAB) has removed this case for the stated intention to strike documents filed by attorney Adrienne D. Cohen, who is not of record. These documents, which include notices related to a San Diego Superior Court case and a petition for writ of prohibition, are deemed irrelevant and improperly filed. The WCAB asserts that California Superior Courts lack jurisdiction over the WCAB and that CIGA failed to utilize proper procedural remedies. The WCAB will strike the documents unless good cause is shown to the contrary within ten days.

Workers' Compensation Appeals BoardRemovalStriking DocumentsEAMS RecordCalifornia Insurance Guarantee AssociationReliance National Indemnity CompanyCity of OceansideAdrienne D. CohenNotice of Related CaseWrit of Prohibition
References
11
Case No. ADJ10717926
Regular
Aug 23, 2018

GUADALUPE SEDANO vs. GEO PACIFIC SERVICES, INC., REDWOOD FIRE AND CASUALTY INS. CO., ADMINISTERED BY BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal order because the record lacked proof of service for key notices. Applicant's case was dismissed for failing to object to a Notice of Intention to Dismiss, but the Board found the applicant may not have received proper notice of crucial hearings or the dismissal notice itself. Due process requires reasonable notice and an opportunity to be heard, which the incomplete record here calls into question. Therefore, the case is returned to the trial level for further proceedings to develop the record on service issues.

Petition for ReconsiderationOrder of DismissalNotice of Intention to DismissExcusable NeglectMandatory Settlement ConferenceProof of ServiceDue ProcessGood CauseService of NoticeWCAB Rule 10500
References
12
Case No. ADJ7313244
Regular
Sep 14, 2012

KEVIN WRIGHT vs. CALIFORNIA WATER SERVICE COMPANY

The Workers' Compensation Appeals Board is issuing a notice of intention to sanction the defendant's attorneys $500 for misrepresenting the record and failing to follow procedural rules. The defendant's petition for reconsideration selectively quoted and omitted material facts from medical depositions, thereby distorting the evidence. Specifically, the defendant misrepresented a QME's opinion on industrial causation and applicant's stress levels. This failure to fairly state the evidence and provide specific record citations violates WCAB rules and warrants sanction.

Workers Compensation Appeals BoardLabor Code section 5813cumulative trauma injuryindustrial causationPetition for ReconsiderationPanel QMEWCJRules of Practice and Procedurematerial misrepresentationselective quotation
References
0
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
5
Case No. ADJ14930871
Regular
Nov 03, 2025

Brenda De Leon vs. Robinson Pharma, Inc.; Great American Insurance Company; Cypress Insurance Company

The Workers' Compensation Appeals Board granted the petition for reconsideration filed by Great American Insurance Company, a defendant in Brenda De Leon's claim. Great American challenged a July 21, 2025, Amended Findings and Order by a workers' compensation arbitrator regarding the date of injury and liability for contribution from Cypress Insurance Company. The Board found the record incomplete, lacking crucial arbitration proceedings documents and a proper summary of evidence, thus violating due process. The Appeals Board issued a notice of intention to rescind the arbitrator's decision and return the matter if a complete record is not filed within 30 days.

WCABPetition for ReconsiderationArbitrator's DecisionDue ProcessEAMSWCAB Rule 10995WCAB Rule 10914Record of ProceedingsSubstantial EvidencePetition for Contribution
References
24
Case No. ADJ265522 (MON 0346920) ADJ4312334 (MON 0346921) ADJ110399 (MON 0351900)
Regular
May 07, 2013

PAULA PORTER vs. THE HERTZ CORPORATION, AMERICAN INSURANCE GUARANTEE, NEW HAMPSHIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration because it was "skeletal," lacking specific legal arguments or references to the record. The petition merely requested that attorney fees, already awarded to the current attorney of record, be held in trust by the defendant instead. Furthermore, the WCAB initiated removal of the case and issued a notice of intention to impose sanctions against the lien claimant's attorney for filing a frivolous petition that wasted judicial resources. Sanctions up to $500.00 may be imposed unless good cause is shown within 15 days.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationJoint Stipulated Findings and AwardAttorney FeesTrust AccountSkeletal PetitionLabor Code §5813SanctionsRemoval
References
1
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