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

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. 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. SRO 0088351
Significant
Mar 20, 2002

Cheryl Coldiron vs. Compuware; Permissibly Self-Insured, by And through Gallagher Bassett Services, Inc., Adjusting Agent

The board issues a notice of intent to sanction a third-party administrator for failing to disclose the correct insurance carrier for over six years and schedules a conference to clarify the employer-insurer relationship.

Workers' Compensation Appeals BoardEn BancPetition for ReconsiderationFindings and AwardPermissibly Self-InsuredThird-Party AdministratorHigh Self-Insured RetentionSanctionsLabor Code Section 5813Excusable Error
References
5
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. ADJ7271031
Regular
Sep 21, 2012

THOMAS DACK vs. CEMEX, COMMERCE & INDUSTRY INSURANCE COMPANY administered by CHARTIS CLAIMS INC.

This case involves the defendant's Petition for Removal after the WCJ denied their request to compel the applicant's attendance at a QME examination. The applicant's attorney's office had previously stated the applicant would not attend QME evaluations until litigation was resolved and attempted to strike a QME. The Appeals Board is giving notice of its intention to grant the defendant's petition and compel the applicant's attendance, unless the applicant shows good cause within ten days. The Board finds the defendant has presented a prima facie case for compelling the examination, noting a lack of formal objection from the applicant.

Petition to CompelPanel QMELabor Code section 4062.2WCJPetition for RemovalApplicant objectionGood causeWorkers' Compensation Appeals BoardQualified Medical EvaluatorIndustrial injury
References
0
Case No. ADJ7536985
Regular
May 13, 2013

WALTER BARNETT vs. LOS ANGELES TIMES, ZURICH INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration of an order dismissing a lien. The lien claimant argued it never received the notice of intention to dismiss, but the Board found this contradictory as they had filed an objection. The Board also noted the lien claimant miscited and misrepresented relevant rules, and presented arguments previously rejected by the Board. Consequently, the Board issued a notice of intention to impose sanctions of up to $2,500 against the lien claimant and its representatives for frivolous conduct and misrepresentations.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of Intention to Dismiss LienFailure to AppearLien ConferenceAppeals Board Rule 10562SanctionsLabor Code Section 5813
References
2
Case No. ADJ10160818; ADJ1459849
Regular
Oct 27, 2025

PHILIP SCHULTZ vs. SAITEK INDUSTRIES, LTD.; CIGA

This case involves Philip Schultz, who filed an application for adjudication claiming a back injury. Travelers Indemnity Company (Travelers) sought reconsideration of a prior Appeals Board decision that erroneously identified Travelers as the workers' compensation carrier for Saitek Industries, Ltd. in 2001, despite Travelers having been dismissed from the case due to lack of coverage. The Appeals Board granted Travelers' petition for reconsideration, acknowledging its constitutional mandate to ensure substantial justice and correct clerical errors. The Board issued a notice of intention to amend its December 4, 2023 decision to strike the erroneous Finding 2, which incorrectly attributed coverage to Travelers.

Petition for ReconsiderationClerical ErrorWorkers' Compensation Appeals BoardDeclaraton of ReadinessCompromise and ReleaseCumulative InjurySubstantial JusticeDue ProcessNotice and Opportunity to Be HeardJurisdiction
References
18
Case No. ADJ6502736
Regular
Oct 19, 2011

JUAN BARCENAS vs. THE BEST MASTER ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's Petition for Reconsideration because it was filed against a non-final notice of intention to dismiss, not an actual decision. The WCAB granted removal to address the frivolous nature of the petition, as it lacked reasonable justification and wasted judicial resources. Consequently, the WCAB issued a notice of intention to impose a $500 sanction on the lien claimant for filing this unjustified petition. The lien claimant has 15 days to object with good cause.

Workers' Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to Dismiss LiensLien ClaimantWCJRemovalSanctionLabor Code section 5813Reasonable JustificationFrivolous Petition
References
3
Case No. ADJ6610233
Regular
Nov 18, 2014

WILLIAM WILLIAMS (Deceased) vs. STATE OF CALIFORNIA, CDCR - PLEASANT VALLEY STATE PRISON, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

This case concerns a deceased correctional officer whose dependent sons were awarded death benefits. The Appeals Board denied reconsideration of its prior order requiring an offset for a CalPERS special death benefit received by the decedent's widow, deeming it consistent with precedent and statutory intent. The Board also issued a notice of intention to disallow the applicant's attorney's requested fee increase due to non-compliance with a rule regarding notice to the client of adverse interests. Compliance with this rule is required for the fee increase to be considered by the trial judge.

CalPERSspecial death benefitoffsetdeath benefitsdependent childrenattorney's feesWCAB Rule 10778adverse interestindependent counselPetiton for Reconsideration
References
4
Case No. ADJ1305490 (MON 0363100)
Regular
Jan 31, 2013

Gloria Jones vs. SEARS HOLDING CORPORATION, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves lien claimant Nogales Psychological Counseling's attempt to reconsider a Notice of Intent to Dismiss their lien for failure to appear at a scheduled trial. The Appeals Board vacated its prior grant of reconsideration and dismissed the lien claimant's petition. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions against the lien claimant and its attorney for filing a frivolous petition without reasonable justification. This conduct violated WCAB Rule 10561(b)(2), resulting in a waste of judicial resources.

Workers' Compensation Appeals BoardPetition for ReconsiderationNotice of Intent to Dismiss LienLien ClaimantWCJCompromise and ReleaseIndustrial InjuryReinstatement of LienRemovalSanctions
References
6
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