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

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. 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. 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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing sanctions against the injured worker's attorney.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
5
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. 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
0
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
1
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. ADJ299234 (RIV 0051292)
Regular
Jul 02, 2012

JUAN GARCIA vs. WILLIAM BOWER ASSOCIATES INC., STATE COMPENSATION INSURANCE FUND

This case involves Applicant Juan Garcia seeking reconsideration of his workers' compensation claim's dismissal for failure to prosecute. The Appeals Board granted reconsideration to allow Applicant an opportunity to show good cause why the dismissal should not be affirmed. The Applicant claims he was denied due process because his attorneys allegedly did not receive the Notice of Intention to Dismiss or the defendant's Petitions for Dismissal. The Board, however, presumes proper mailing and is giving Applicant's counsel a 30-day window to present a verified response demonstrating good cause.

Petition for ReconsiderationOrder Dismissing CaseFailure to ProsecuteLack of ProsecutionNotice of Intention to DismissDue ProcessVerified ResponseService of ProcessWCJAppeals Board
References
4
Case No. ADJ8449286
Regular
Jul 07, 2014

DAVID SIRES vs. CONQUIP, INC., SENTRY SELECT

The applicant seeks reconsideration of a workers' compensation award, specifically challenging the attorney's fee amount. The Appeals Board granted reconsideration to address a procedural defect: the applicant's attorney failed to provide proof of notice to the applicant regarding the requested fee increase, as required by WCAB Rule 10778. The Board issued a notice of intention to dismiss the fee request unless the attorney promptly provides this proof of notice. The Board has deferred judgment on other issues raised in the petition.

WCABPetition for ReconsiderationWCJQualified Medical EvaluatorPanel Qualified Medical EvaluatorAttorney's FeeElectronic Adjudication Management System (EAMS)WCAB Rule 10778Notice of Intention to Dismiss (NIT)Adverse Interest
References
2
Case No. ADJ4693318 (LAO 0790101) ADJ4457039 (LAO 0790245)
Regular
Nov 04, 2011

ALIONZO AVILA vs. L &M DIVERSIFIED, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, by XCHANING for FREMONT INSURANCE CO. and HIH AMERICA in liquidation, STATE COMPENSATION INSURANCE FUND, CNA CLAIM PLUS

A lien claimant's petition for reconsideration was dismissed for being untimely, unverified, and lacking substantive grounds, echoing the WCJ's original dismissal order. This dismissal was based on the claimant's failure to appear at a lien trial and respond to a notice of intent. The Appeals Board is also initiating sanctions against the lien claimant and their representative for filing a frivolous and bad faith petition, citing their repeated failures and misuse of Board resources.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal of LienUnverified PetitionUntimely PetitionFailure to AppearSanctionsLabor Code §5813Bad FaithFrivolous Tactics
References
1
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