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

Case No. ADJ8481546
Regular
Nov 01, 2013

STEPHEN PRICE vs. WESTERN NATIONAL SECURITIES, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a workers' compensation applicant who petitioned for reconsideration of a Workers' Compensation Judge's findings regarding medical treatment and MPN compliance. The Appeals Board has granted the petition for further study and issued a Notice of Intention to Impose Sanctions against the applicant's attorney, Susan M. Garrett and her law firm. The basis for the potential sanctions includes the attorney's petition exceeding page limits, failing to follow procedural rules, and making arguments unsupported by the record. The Board will consider imposing monetary sanctions and attorney fees if good cause to the contrary is not shown within ten days.

Workers Compensation Appeals BoardPetition for ReconsiderationMedical Provider NetworkMPNself-procured medical treatmentunreasonable delayunreasonable denialsanctionsLabor Code Section 5813Board Rule 10561
References
12
Case No.
Regular
Oct 29, 2009

TONY PACHECO, ANDREW ARMIJO, MARTHA MARIN, JOSE CONTRERAS, PERRY LOFTON, VITALINO AJVIX, MARTHA HERNANDEZ vs. GLOBAL WIRELESS, INC.; and STATE COMPENSATION INSURANCE FUND, CUTTING EDGE SUPPLY COMPANY; and STATE COMPENSATION INSURANCE FUND, AVEC SERVEALL; and STATE COMPENSATION INSURANCE FUND, GEHR INDUSTRIES, INC.; and STATE COMPENSATION INSURANCE FUND, AMERICAN METAL RECYCLING; and STATE COMPENSATION INSURANCE FUND, STRICTLY WHOLESALE ADA KENDALL SIGN; and STATE COMPENSATION INSURANCE FUND, MARRIOTT INTERNATIONAL, INC.

The Appeals Board issued an Order consolidating cases and a notice of intention (NIT) to impose monetary sanctions on CMS Network, Inc. and its representatives for misstatements of law. A hearing is set for November 18, 2009.

Workers Compensation Appeals BoardMonetary SanctionsNotice of Intention (NIT)Petitions for ReconsiderationMisstatements of LawGood CauseHearingObjectionAttorney ServiceRecusal
References
2
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. ADJ6617605
Regular
Nov 07, 2011

ALFONSO ALCARAZ vs. HRONIS, INC., ZENITH INSURANCE COMPANY

This case involved a Workers' Compensation Appeals Board decision where sanctions were imposed on two lien claimants, K. Rad Payman, M.D., and Silver Orthopedic Center. These sanctions, totaling $250 each, were levied because the lien claimants failed to respond to a Notice of Intention to Impose Sanctions issued on September 13, 2011. The Board adopted and incorporated the reasoning from that prior notice into its current order. The sanctions are payable to the Workers' Compensation Appeals Board.

Workers' Compensation Appeals BoardDismissing PetitionsReconsiderationGranting RemovalNotice of Intention to Impose SanctionsLien ClaimantsK. Rad Payman M.D.Silver Orthopedic CenterSanctions$250.00
References
0
Case No. ADJ2855195 (VNO 0550470) ADJ965274 (VNO 0550466)
Regular
May 30, 2012

MARCELO RUEDA vs. ALL LABOR TIRES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board is issuing a Notice of Intention to impose sanctions on the defendant, State Compensation Insurance Fund, and its attorney. This action stems from the defendant's petition for reconsideration, which improperly cited a medical report not entered into evidence. Such a tactic is considered frivolous and a violation of the Board's Rules of Practice and Procedure. The Board intends to impose a $500 sanction jointly and severally unless good cause is shown to the contrary within fifteen days.

Workers' Compensation Appeals BoardSanctionLabor Code Section 5813Frivolous ConductReconsiderationAgreed Medical ExaminersAMA GuidesWCJPermanent DisabilityIndustrial Injury
References
3
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. ADJ5690219
Regular
Jul 31, 2015

TOM PALLADINO vs. ORANGE COUNTY TRANSPORTATION AUTHORITY, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior award and issued a notice of intention to impose sanctions on applicant's attorney. This action stems from alleged false, misleading, and unsubstantiated allegations made by the attorney in the applicant's Answer to the Petition for Reconsideration. The Board found no evidence to support the claims of intentional delay by the defendant and determined the attorney's statements to be without merit and potentially prejudicial. The attorney and his firm face a $750 sanction unless good cause is shown why it should not be imposed.

WCABPetition for ReconsiderationFindings and AwardQualified Medical EvaluatorPermanent DisabilityApportionmentSanctionsLabor Code Section 5813WCAB Rule 10561Attorney Misconduct
References
0
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. ADJ13332737, ADJ15218980, ADJ12640295
Significant
Jun 17, 2024

ABEL HIDALGO, et al. vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al.

The Workers' Compensation Appeals Board consolidates three cases to address sanctions against attorney Susan Garrett and hearing representative Lance Garrett for filing petitions for reconsideration with the intent to disrupt or delay trial proceedings, issuing a notice of intent to impose sanctions and costs.

En BancSanctionsCostsAttorney's FeesLabor Code 5813Willful IntentImproper MotiveFrivolousDelay TacticsPetition for Reconsideration
References
13
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
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