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Case Law Database

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

Case No. ADJ3711106 (MON 0347573) ADJ2131962 (MON 0350490)
Regular
Sep 16, 2010

ELIZABETH JUANILLO NAVARRO vs. JACK IN THE BOX, GALLAGHER BASSETT, ACE AMERICAN INSURANCE

This Workers' Compensation Appeals Board case concerns a lien claimant, Arthur Malkin, D.C., and his representative, Lee Toney, who are challenging a Notice of Intention to Impose Sanctions. The lien claimant contends he was misadvised and did not receive a necessary report from the Workers' Compensation Judge (WCJ). The Board has provided the missing report and granted an additional 10 days for the lien claimant to file further objections to the $250 sanction. Failure to show good cause within this extended period will result in the imposition of sanctions under Labor Code section 5813.

Workers' Compensation Appeals BoardNotice of Intention to Impose SanctionsLien claimantArthur Malkin D.C.Lee ToneyPetition for RemovalWCJ Report and RecommendationPetition for ReconsiderationLabor Code Section 5813Sanctions
References
0
Case No. ADJ3395089 (STK 0177203) ADJ2229380 (STK 0196966)
Regular
Apr 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Appeals Board initially proposed sanctions against attorney Michael Linn, Esq., mistakenly listing the service date for his objection period. Despite Mr. Linn filing objections on March 4th and April 6th/9th, which were not technically untimely based on the actual service dates, the Board granted him further opportunities to respond. Ultimately, the Board extended the deadline to May 20, 2009, for Mr. Linn to file any additional objections to the proposed $\$ 500.00$ monetary sanction, citing potential service discrepancies and aiming to avoid any appearance of prejudice.

Workers' Compensation Appeals Boardmonetary sanctionsnotice of intentiondue processservice date discrepancyobjection to sanctionsadditional timeCalifornia Code of Regulationsfurlough directivesstate holidays
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. 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
Case No. ADJ4266411 (VNO 0551612)
Regular
Feb 02, 2015

HELEN STROEHLEN vs. MACY'S WEST, INC.

The Workers' Compensation Appeals Board granted reconsideration of a prior award denying applicant's claim for new and further disability. The Board found no merit in the applicant's contentions regarding the prior proceedings but noted a discrepancy in the record regarding objections to the Declaration of Readiness to Proceed. Consequently, the Board issued a Notice of Intention to Impose Sanctions up to $1,000 against applicant's counsel for potentially frivolous actions, pending a final decision after allowing for a written objection.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings Award and OrderQualified Medical ExaminerDeclaration of ReadinessPetition for New and Further DisabilityBad Faith ActionsFrivolous TacticsLabor Code Section 5813Appeals Board Rule 10561
References
0
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. ADJ4258585 (OXN 0130492) ADJ220258 (OXN 0130487)
Regular
Apr 17, 2018

ENRIQUE HERRERA vs. MAPLE LEAF FOODS, U.S. FIRE INSURANCE COMPANY, ALEA NORTH AMERICAN INSURANCE COMPANY

This notice informs parties that the Workers' Compensation Appeals Board (WCAB) intends to admit its rating instructions and a disability rater's recommended permanent disability rating into evidence. The WCAB previously granted reconsideration for further study. Parties have seven days to object to the rating instructions or the recommended rating, with specific procedures for addressing objections. If no timely objection is filed, the matters will be submitted for decision thirty days after service.

WORKERS' COMPENSATION APPEALS BOARDPermanent Disability RatingDisability Evaluation UnitRating InstructionsRecommended Permanent Disability RatingJoint RatingReconsiderationObjectionRater Cross-ExaminationRebuttal Evidence
References
0
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. ADJ2516724 (VNO 0483078) ADJ3217913 (VNO 0454703) ADJ2235819 (VNO 0454704) ADJ2582994 (VNO 0483080)
Regular
Jan 09, 2012

Noel Lopez vs. Bolthouse Farms, Argonaut Insurance Company, Sedgwick, Mid Century Insurance

Applicant Noel Lopez's petitions for reconsideration repeatedly violated Appeals Board rules regarding page limits, formatting, and the proper submission of evidence. Despite explicit instructions to correct these deficiencies, the applicant's attorney filed a second petition with similar non-compliance. Consequently, the Appeals Board issued a Notice of Intention to impose sanctions of $1000.00 against the attorney and his law firm for frivolous and delay-seeking conduct. The Board is allowing 15 days for written objection demonstrating good cause to avoid sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAppeals Board RulesPage Limit ViolationImproper AttachmentsLack of Specific CitationsBad Faith ActionsFrivolous TacticsUnnecessary Delay
References
3
Case No. ADJ6788515
Regular
Dec 10, 2015

CIRA ROJAS HERNANDEZ vs. CARLS JR, TRAVELERS

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to Sanction Applicant's attorneys, Oliver F. Moench and Moses Luna, A Law Corporation. This stems from Applicant's Petition for Reconsideration, which was over the page limit and signed by Mr. Moench, who was ineligible to practice law at the time. The WCAB alleges Mr. Moench willfully misrepresented his attorney status and engaged in frivolous conduct, potentially violating Labor Code Section 5813. Sanctions up to $2,500 and payment of defendant's expenses are being considered absent a timely, good-cause objection.

SanctionsPetition for ReconsiderationIneligible AttorneyMinimum Continuing Legal EducationFrivolous ConductBad Faith TacticsWCAB RulesLabor Code Section 5813Misrepresentation of StatusLaw License Suspension
References
10
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