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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. ADJ1884241
Regular
Jun 25, 2013

ANTONIA CERVANTES vs. PRIDE INDUSTRIES, LWP CLAIMS SOLUTIONS, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration of an order imposing sanctions on lien claimant, Word of Mouth Interpreters, and its attorneys, Gonzales Law Firm. The board adopted the WCJ's report, finding that the lien claimant improperly filed a petition for reconsideration without statutory grounds and attached unnecessary exhibits. The WCJ noted the lien claimant's pattern of conduct, including failure to appear at hearings and improper attempts to withdraw filings, which led to unnecessary litigation expenses. Sanctions were deemed appropriate due to the lien claimant's lack of due care and respect for the venue.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportEAMSAmended Notice of IntentionRules of Practice and ProcedureDeficient PetitionStatutory GroundsLien ClaimantDeclaration of Readiness to Proceed
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. 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. ADJ9013966
Regular
Oct 07, 2016

MARIA ZAPATA OJEDA vs. SELECT STAFFING, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order imposing a $1,000 sanction against lien claimant Joyce Altman Interpreters. The sanction was initially imposed by a WCJ for allegedly frivolously pursuing costs and sanctions despite the interpreter lien being resolved. However, the Board found the record unclear regarding the interpreter's awareness of the defendant's prior notice about providing an interpreter. Lacking sufficient evidence of bad faith or indisputably meritless claims, the Board returned the matter for further proceedings to ensure substantial justice.

Workers Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Imposing SanctionInterpreting ServicesFrivolous CostsBad Faith ActionsLabor Code Section 5813Notice of Intention to Impose SanctionCompromise and Release
References
Case No. ADJ9719826
Regular
Aug 12, 2016

ABIGAIL FLORES vs. RISSE CONSTRUCTION CO., AMTRUST NORTH AMERICA

This case involves a defendant's petition for reconsideration of a $\$1000$ sanction order for bad-faith actions. The sanction was imposed due to the defendant's egregious delay and frivolous objections in paying a $\$180$ interpreter's lien, which took over eight months and required multiple billings and a court order. The Workers' Compensation Appeals Board denied the petition, upholding the WCJ's finding of frivolous conduct intended to cause unnecessary delay. The Board also affirmed that due process was satisfied by providing the defendant notice and an opportunity to respond to the sanctions.

WCABPetition for ReconsiderationSanctionsOrder Imposing SanctionsBad Faith ActionsFrivolous ConductWCJLien ClaimUnnecessary DelayCertified Interpreter
References
Case No. ADJ1982707, ADJ6743542, ADJ2488929
Regular
Jan 30, 2014

BENNIE MARZETT vs. PACIFIC GAS & ELECTRIC COMPANY

In this workers' compensation case, the Appeals Board denied Pacific Gas & Electric's petition for reconsideration of an order imposing sanctions. The defendant argued the WCJ lacked jurisdiction due to the time elapsed since the injury and that due process required a hearing. The Board affirmed the sanctions, clarifying that the Appeals Board's continuing jurisdiction under Labor Code section 5803 to impose sanctions is separate from an applicant's ability to reopen a case for new and further disability. Furthermore, the Board found that due process was satisfied as the defendant failed to respond to the Notice of Intention to Impose Sanctions, negating the need for an oral hearing.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsLabor Code section 5410Continuing JurisdictionLabor Code section 5803Labor Code section 5804Labor Code section 5813Due ProcessNotice of Intention to Impose Sanctions
References
Case No. ADJ3711106 (MON 0347573) ADJ2131962 (MON 0350490)
Regular
Sep 16, 2010

ELIZABETH JUANILLO NAVARRO vs. JACK IN THE BOX, GALLAGHER BASSETT, ACE AMERICAN INSURANCE

This Workers' Compensation Appeals Board case concerns a lien claimant, Arthur Malkin, D.C., and his representative, Lee Toney, who are challenging a Notice of Intention to Impose Sanctions. The lien claimant contends he was misadvised and did not receive a necessary report from the Workers' Compensation Judge (WCJ). The Board has provided the missing report and granted an additional 10 days for the lien claimant to file further objections to the $250 sanction. Failure to show good cause within this extended period will result in the imposition of sanctions under Labor Code section 5813.

Workers' Compensation Appeals BoardNotice of Intention to Impose SanctionsLien claimantArthur Malkin D.C.Lee ToneyPetition for RemovalWCJ Report and RecommendationPetition for ReconsiderationLabor Code Section 5813Sanctions
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. ADJ6957540
Regular
Aug 19, 2013

GUSTAVO MOTA ARCOS vs. BBQ CHICKEN, THE HARTFORD

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a $1,500 sanction order against Industrial Lien Management, Inc. (ILM) and Trinity Interpreters, Inc. The WCAB found the original sanctions order unclear, lacking sufficient explanation of the grounds for sanctions and proper notice. The case is returned to the trial level, allowing the Workers' Compensation Judge (WCJ) to recommence sanctions proceedings with proper notice and explanation if warranted. The dismissal of Trinity's lien claim remains unaffected by this decision.

Workers Compensation Appeals BoardIndustrial Lien ManagementTrinity InterpretersSanctions for Failure to AppearPetition for ReconsiderationOrder Imposing SanctionsWCJ ReportNotice of IntentionShow CauseLien Claim
References
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