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

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. SRO 0088351
En Banc
Mar 20, 2002

Cheryl Coldiron vs. Compuware, Gallagher Bassett Services, Inc.

The Appeals Board issued a notice to hold a conference and consider sanctions against a third-party administrator for failing to disclose the correct insurance carrier for the employer for over six years, causing significant confusion and delay.

WCABEN BANCCompuwareGallagher Bassett ServicesReliance National Insurancepermissibly self-insuredhigh self-insured retentionadjusting agentsanctionsLabor Code section 5813
References
8
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. ADJ16491268; ADJ15884384; ADJ16161110; ADJ16161057; ADJ16161093; ADJ15760386; ADJ18891808; ADJ19153721; ADJ16116250
Significant

Steve Hoddinott, et al. vs. Bravo Security Services, Inc.; National Liability Fire Ins. Co., administered by Biberk Business Insurance, et al.

The Appeals Board issued a notice to set a status conference to assist the parties in further discussing their stipulations with a designated hearing officer.

En BancRemovalStipulationSupplemental BriefingStatus ConferenceHearing OfficerDeputy CommissionerAppeals BoardAdjudication NumbersBravo Security Services
References
0
Case No. ADJ7944481
Regular
Aug 22, 2013

IGNACIO PAZ vs. BENIHANA, INC., ZURICH LOS ANGELES

In this workers' compensation case, multiple lien claimants' liens were dismissed for failure to pay the required activation fee or appear at a lien conference. Their attorney claimed they lacked notice of the conference, but evidence indicates their representative initiated the conference and was served with notice. The Appeals Board granted reconsideration to consider sanctions against the attorney for filing a petition for reconsideration that appears indisputably without merit, potentially based on misrepresentation or failure to investigate facts. The Board intends to impose sanctions on the attorney for alleged bad faith actions under Labor Code Section 5813.

Lien activation feeLabor Code section 5813WCAB Rule 10561Declaration of ReadinessNotice of Hearinglien conferencepetition for reconsiderationbad faith actionfrivolous petitiondue process violation
References
1
Case No. ADJ6507062
Regular
Dec 01, 2014

MARTHA CRUZ vs. J & M SALES

The Workers' Compensation Appeals Board granted reconsideration of an order assessing costs against lien claimant Dr. John Terrence and his attorney, the Gonzalez Law Firm. The Board found that proper notice of the lien conference was given, refuting their claim of non-receipt. Due to Dr. Terrence and the Gonzalez Law Firm repeatedly pursuing settled issues and failing to appear at multiple conferences, the Board issued a Notice of Intention to Impose Sanctions up to $2,500 each for bad-faith actions.

WCABPetition for ReconsiderationOrder for CostsLien ClaimantDr. John TerrenceGonzalez Law FirmSanctionsNotice of Intention to Impose SanctionsDeclaration of Readiness to ProceedStipulation and Order
References
0
Case No. ADJ7144283
Regular
Feb 04, 2015

RALPH LOYNACHAN vs. COUNTY OF LOS ANGELES

This case involved an applicant's petition for removal, seeking to address penalties for delayed treatment, which the WCJ denied due to a pending lien conference. The Appeals Board denied the applicant's petition, finding it failed to meet the extraordinary standards for removal, especially since a status conference request was inappropriate with a scheduled hearing. The defendant's subsequent notice, construed as a removal or disqualification petition, was dismissed as untimely. The Board found the defendant's notice to be without merit, admonishing counsel against future similar filings.

Petition for RemovalAppeals BoardWCJ GutierrezPenalties and SanctionsDelay of TreatmentCatastrophically Injured WorkerPetition for DisqualificationUntimely PetitionLabor Code Section 5311WCAB Rule 10452
References
2
Case No. ADJ7863229, ADJ7863244
Regular
Dec 03, 2014

ALICIA DE RAMOS vs. 99 CENTS ONLY STORES, BROADSPIRE SERVICES

This case involves a lien claimant, California Physician Network, LLC, whose successive petition for reconsideration was dismissed as untimely, unverified, and improper procedure. The Appeals Board is also initiating a sanctions hearing, pursuant to Labor Code § 5813, against the lien claimant and its representative for allegedly disrespectful and bad faith conduct. The claimant failed to appear at a lien conference, did not properly object to a dismissal notice, and filed procedurally defective petitions. The Board has removed the proceedings to consider imposing sanctions up to $2,500.

Reconsideration petitionSuccessive petitionUnverified petitionLabor Code section 5813SanctionsCommissioner's conferenceRemovalLien claimantDisrespectful remarksBad faith actions
References
6
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. 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
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