Updated Daily

Case Law Database

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

Case No. ADJ4332905 (SAL 0109881)

Regular

Jan 20, 2016

JESUS RODRIGUEZ vs. BUD OF CALIFORNIA

California Physicians Network (CPN) and its representative, Dennise Mejia, were sanctioned $2,500.00 jointly and severally for filing a frivolous and untimely petition for reconsideration that lacked proper verification and contained erroneous facts. The Board dismissed their reconsideration request because it did not challenge a final order and was procedurally deficient. CPN and Mejia failed to respond to the Board's notice of intent to impose sanctions. The defendant's claim for additional trial-level costs and attorney's fees was deferred to the workers' compensation administrative law judge for initial determination.

ADJ4332905SAL 0109881Opinion and Decision After RemovalSanctionCalifornia Physicians NetworkDennise MejiaLien ClaimantLabor Code section 5813(a)Appeals Board Rule 10561Frivolous

References

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

Case No. ADJ8190027

Regular

May 23, 2013

DANIEL MORGAN vs. ALLISON SIERRA, INC., ZURICH AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration and denied removal, finding it was improperly filed. The defendant sought reconsideration of an order changing venue, but the Board admonished their attorney for filing the wrong type of petition for a non-final order. The Board adopted the Administrative Law Judge's report, which recommended dismissal because the venue change order was not a final determination subject to reconsideration and removal was inappropriate. Furthermore, the defendant's objection to the venue change was untimely and lacked good cause.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalOrder Changing VenueBakersfield District OfficeFresno District OfficeApplicant ResidencePrinciple Place of BusinessAttorney SubstitutionTardy Objection

References

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

Case No. ADJ8693165

Regular

Sep 03, 2013

JEREMY VALENCIA vs. AGI PUBLISHING, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing sanctions against the injured worker's attorney. This was due to improper service of the sanctions order and lack of sufficient notice, preventing the attorney from an adequate opportunity to be heard. The WCAB denied the petition for disqualification of the judge, finding no evidence of bias. The petition concerning the notice of intention to dismiss the case was dismissed as it was not a final order.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for ReconsiderationOrder Imposing SanctionsNotice of Intention to DismissWCJInjured WorkerCounselService of ProcessOfficial Address Record

References

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

Case No. ADJ7807379

Regular

Oct 27, 2014

ANDREA BLAKE vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the WCJ had already timely vacated the original order of dismissal for lack of prosecution. The WCJ's action, though miscaptioned as a report and recommendation, effectively rescinded the dismissal within the 15-day timeframe allowed by regulation. This occurred after the applicant argued their case should not have been dismissed without prejudice, claiming their attorney never received notice of the initial dismissal. Consequently, the WCAB dismissed the petition for reconsideration as moot, recognizing the WCJ's prior correction.

Workers Compensation Appeals BoardDismissal for Lack of ProsecutionPetition for ReconsiderationOrder Vacating DismissalMoot PetitionTimely ObjectionRescinded OrderAdministrative Law JudgeWCJTitle 8 CCR Sect. 10859

References

Case No. ADJ10642409

Regular

Feb 23, 2018

Santos Rubalcaba vs. Beautiful Church/Rowland Heights Korean Baptist Church, GuideOne Mutual Insurance Company

The applicant sustained an industrial hand and skin injury. The defendant's attorney misrepresented proof of service of a Notice of Intention to Dismiss Case by falsely claiming it was served on the applicant. The Appeals Board dismissed the defendant's petition for reconsideration and denied their petition for removal. However, the Board granted removal on its own motion and issued a notice of intent to impose sanctions up to $2,500 against the defendant's attorney and insurer for their frivolous and misleading conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPetition for DismissalNotice of Intention to Dismiss CaseMandatory Settlement ConferenceService of NOIMaterial MisrepresentationFrivolous ConductLabor Code section 5813

References

Case No. ADJ2854263 (ANA 0400148)

Regular

Apr 21, 2014

MARIA QUEZEDA vs. TACO BELL, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an order dismissing a lien claim for failure to pay an activation fee. The WCAB is now giving notice of its intention to dismiss the lien claimant's Petition for Reconsideration because it was filed over three months late and by a representative who failed to comply with WCAB rules regarding notice of representation. The lien claimant must provide evidence of timely filing and compliance with representation rules within 15 days to avoid dismissal. The Board also notes the lien claimant may not have filed a required declaration to support their lien.

Lien activation feePetition for ReconsiderationWCAB Rule 10774.5Notice of RepresentationCollective ResourcesAngelotti Chiropractic v. BakerPreliminary injunctionLabor Code section 5903Timeliness of filingWCAB Rule 10510(a)(3)

References

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

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Updated Daily

Case Law Database

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

Case No. ADJ4332905 (SAL 0109881)

Regular

Jan 20, 2016

JESUS RODRIGUEZ vs. BUD OF CALIFORNIA

ADJ4332905SAL 0109881Opinion and Decision After RemovalSanctionCalifornia Physicians NetworkDennise MejiaLien ClaimantLabor Code section 5813(a)Appeals Board Rule 10561Frivolous

References

Case No. ADJ5814563

Regular

Nov 19, 2012

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

Notice of Intention to Dismiss LienPetition for ReconsiderationLien claimantRemovalSanctionsLabor Code § 5813Due processVerificationServiceUntimely

References

Case No. ADJ8190027

Regular

May 23, 2013

DANIEL MORGAN vs. ALLISON SIERRA, INC., ZURICH AMERICAN INSURANCE COMPANY

References

Case No. ADJ6502736

Regular

Oct 19, 2011

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

Workers' Compensation Appeals BoardPetition for ReconsiderationNotice of Intention to Dismiss LiensLien ClaimantWCJRemovalSanctionLabor Code section 5813Reasonable JustificationFrivolous Petition

References

Case No. ADJ8693165

Regular

Sep 03, 2013

JEREMY VALENCIA vs. AGI PUBLISHING, INC., LIBERTY MUTUAL INSURANCE COMPANY

References

Case No. ADJ7403543

Regular

Nov 20, 2012

CRESENCIO AYALA vs. ALABAMA METAL INDUSTRIES CORPORATION

WCABPetition for ReconsiderationNotice of Intention to DismissLack of ProsecutionUnverified PetitionFinal OrderLabor Code § 5900Labor Code § 5902RemovalLabor Code § 5813

References

Case No. ADJ7807379

Regular

Oct 27, 2014

ANDREA BLAKE vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES, legally uninsured, administered by STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ10642409

Regular

Feb 23, 2018

Santos Rubalcaba vs. Beautiful Church/Rowland Heights Korean Baptist Church, GuideOne Mutual Insurance Company

References

Case No. ADJ2854263 (ANA 0400148)

Regular

Apr 21, 2014

MARIA QUEZEDA vs. TACO BELL, LIBERTY MUTUAL INSURANCE COMPANY

References

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

References

Showing 1-10 of 5,692 results

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