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

Case No. ADJ7403543
Regular
Nov 20, 2012

CRESENCIO AYALA vs. ALABAMA METAL INDUSTRIES CORPORATION

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it sought to challenge a notice of intent to dismiss, not a final order, and was unverified. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions against the applicant's attorney. This action is due to the filing of a frivolous and unverified petition without merit. Sanctions will be imposed unless the attorney demonstrates good cause to the contrary.

WCABPetition for ReconsiderationNotice of Intention to DismissLack of ProsecutionUnverified PetitionFinal OrderLabor Code § 5900Labor Code § 5902RemovalLabor Code § 5813
References
5
Case No. ADJ6461450
Regular
Apr 23, 2012

ANDREW HADDAD vs. SAN DIEGO CHARGERS, GREAT DIVIDE INSURANCE COMPANY c/o BERKLEY SPECIALTY

This case involves a notice of intention to issue sanctions against applicant's attorney, Christopher Ginocchio, and his firm, Leviton, Diaz & Ginocchio, under Labor Code section 5813. The sanctions are proposed due to the attorney's alleged bad-faith actions in his answer to the defendant's petition for reconsideration. Specifically, the attorney cited a deposition transcript not in evidence and failed to comply with evidence citation rules. The Board intends to impose a $500 sanction unless good cause is shown within 15 days.

Labor Code section 5813California Code of Regulations title 8 section 10561bad-faith actionsfrivolousunnecessary delaydeposition transcript not in evidenceRule 10842evidentiary statementsspecific references to the recordexhibit number
References
3
Case No. ADJ7144166
Regular

PAULINA CORTEZ vs. KOOSHAREM CORP. dba SELECT STAFFING, ACE AMERICAN RISK COMPANY, C/O ESIS, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration, finding it was not a final order. The WCAB granted removal on its own motion to issue a notice of intention to impose sanctions against the lien claimant and its representatives. This action stems from the lien claimant's failure to appear at a properly noticed conference, misrepresentations regarding notice, and violations of procedural rules, constituting bad-faith tactics. Sanctions of $1,000 are proposed jointly and severally against the lien claimant and its representatives for these violations.

Labor Code 5813Rule 10561Petition for ReconsiderationNotice of Intention to DismissRemovalSanctionsBad Faith ActionsFrivolous TacticsLien ClaimantUnnecessary Delay
References
0
Case No. ADJ6788515
Regular
Dec 10, 2015

CIRA ROJAS HERNANDEZ vs. CARLS JR, TRAVELERS

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to Sanction Applicant's attorneys, Oliver F. Moench and Moses Luna, A Law Corporation. This stems from Applicant's Petition for Reconsideration, which was over the page limit and signed by Mr. Moench, who was ineligible to practice law at the time. The WCAB alleges Mr. Moench willfully misrepresented his attorney status and engaged in frivolous conduct, potentially violating Labor Code Section 5813. Sanctions up to $2,500 and payment of defendant's expenses are being considered absent a timely, good-cause objection.

SanctionsPetition for ReconsiderationIneligible AttorneyMinimum Continuing Legal EducationFrivolous ConductBad Faith TacticsWCAB RulesLabor Code Section 5813Misrepresentation of StatusLaw License Suspension
References
10
Case No. ADJ3758649 (SAL 0085688)
Regular
Apr 11, 2014

, Enrique vs. , MONTEREY MUSHROOMS, INC.;, CALIFORNIA INSURANCE GUARANTEE, ASSOCIATION for SUPERIOR NATIONAL, INSURANCE COMPANY, in liquidation,, administered by SEDGWICK CMS,

The Workers' Compensation Appeals Board (WCAB) reviewed defendant Monterey Mushrooms' Petition for Reconsideration regarding applicant Enrique Castaneda's knee injury. While affirming the WCJ's findings of injury and need for future medical care, the WCAB issued a Notice of Intention to Impose Sanctions against defendant's counsel. This notice cites unprofessional and disrespectful language used in the petition, deeming it potentially frivolous and in bad faith. The WCAB will issue a final decision on sanctions and the merits of the reconsideration after allowing time for a written objection.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactRight Knee InjuryDate of InjuryStatute of LimitationsFuture Medical CareSanctionsBad Faith ActionsFrivolous Tactics
References
0
Case No. ADJ8721136
Regular
Dec 07, 2015

LILITH TEITELBAUM vs. KAISER FOUNDATION HOSPITAL; Permissibly Self-Insured, Administered By Sedgwick CMS

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the finding that no order precluded the defendant from deposing the qualified medical evaluator. The Board also initiated removal on its own motion to issue a notice of intention to assess sanctions against the applicant's attorney and his firm. This action stems from the attorney's verified petition containing misrepresentations of fact and intemperate language, violating WCAB rules on sanctions for frivolous or delaying tactics. Ultimately, the Board found the applicant's attorney's conduct warranted sanctions due to false statements and unprofessional conduct in pursuing reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationQualified Medical Evaluator (QME)SanctionsLabor Code § 5813Bad Faith ActionsFrivolous TacticsMisrepresentation of FactsIntemperate LanguageWCAB Rule 10561(b)
References
0
Case No. ADJ739750 (FRE 0217695) ADJ3422922 (FRE 0217696) ADJ4620151 (FRE 0217213)
Regular
Sep 23, 2010

JERRY P. WILLIAMS vs. GOLDEN STATE VINTNERS and STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) initially issued a Notice of Intention to Impose Sanctions against State Compensation Insurance Fund (SCIF) for failing to provide a computer printout of benefits. SCIF objected, asserting the printout was available at a prior Mandatory Settlement Conference (MSC) with a former attorney. Although the printout was not explicitly mentioned in the MSC pre-trial statement or offered at trial, the WCAB accepted SCIF's representation of its availability. Consequently, finding no willful failure to comply with a regulatory obligation, the WCAB dismissed the Notice of Intention to Impose Sanctions.

Workers' Compensation Appeals BoardNotice of Intention To Impose SanctionsWCAB Rule 10607computer printout of benefitsMandatory Settlement Conference (MSC)Declaration of Desiree A. Mercadopre-trial conference statementproposed exhibitsEAMSwillful failure to comply
References
0
Case No. ADJ4571933
Regular
Aug 30, 2013

RAUL ALVARADO vs. DPR CONSTRUCTION, INC., NATIONAL UNION FIRE INSURANCE CO.

The Appeals Board granted the Lien Claimant's Petition for Reconsideration and issued a notice of intention to impose sanctions. The Lien Claimant sought reconsideration of the dismissal of its lien for failure to pay an activation fee. The Board found the Lien Claimant's petition to be frivolous and without merit because the lien had a zero balance at the time of dismissal, meaning it was already resolved and should have been withdrawn. Consequently, the Board intends to sanction the Lien Claimant under Labor Code section 5813 for bad-faith actions.

Lien Activation FeePetition for ReconsiderationOrder Dismissing LienZero BalanceLabor Code Section 5813SanctionsAppeals Board Rule 10561Bad Faith TacticsFrivolousWithout Merit
References
3
Case No. ADJ3118083
Regular
Jun 14, 2010

MARCELO SANDOVAL vs. TRITON CHANDELIER, INC., SPECIALTY RISK LA HABRA

The applicant seeks reconsideration of a case dismissed for failure to appear at a mandatory settlement conference. The Appeals Board granted reconsideration, finding the petition timely filed. However, the Board issued a notice of intention to impose sanctions on applicant's counsel for failing to appear at the conference and failing to notify the Board. Applicant's counsel must show good cause within 15 days to avoid a $250.00 sanction for causing unnecessary delay.

WCABPetition for ReconsiderationMandatory Settlement ConferenceNotice of Intention to DismissLabor Code § 5813sanctionsgood causeuntimely filingunverified petitionEAMS
References
2
Case No. ADJ1528830 (AHM 0103528)
Regular
Jan 03, 2012

LAWRENCE BERG vs. PEPSI BOTTLING GROUP, OLD REPUBLIC INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the lien claimant's petition for reconsideration, upholding the administrative law judge's award of a small balance for services rendered. The Board also issued a notice of intention to impose sanctions against the lien claimant and its representative for attaching previously filed documents to the petition, violating procedural rules. This action suggests the Board found the petition's arguments and attachments to be without merit and potentially delaying. The lien claimant has 15 days to show good cause why sanctions should not be imposed.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantFindings Award and OrdersCompensable Industrial InjuryBack InjuryNeck InjuryLower Extremity InjuryPsyche InjuryLabor Code § 5813
References
1
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