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

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. 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. 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. 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. 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. 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. 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. 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. 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
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