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

Case No. ADJ6766189
Regular
Jul 03, 2012

MIRNA CERRATO AGUILAR vs. BEVERLY PAVILION ASSOCIATES, FIRSTCOMP OMAHA

This case involves a petition for reconsideration filed by Anna Montes, a hearing representative, regarding a $1,500 sanction imposed by the WCJ. Montes was sanctioned for her "insolent, obstructive, disrespectful and frivolous" conduct during a workers' compensation trial involving her client, Dr. Anguizola. The Appeals Board denied Montes' petition, adopting the WCJ's report which detailed how her behavior caused unnecessary delay and wasted Board resources. The Board reiterated that representatives must conduct themselves professionally and ethically, adhering to rules against bad faith tactics that cause delay.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationIndustrial InjuryRoom AttendantLien ClaimantMedical TreatmentPenaltyInterestInsolent Conduct
References
Case No. MON 0325089 MON 0325090
Regular
Oct 05, 2007

NORA MEDEARIS vs. COUNTY OF LOS ANGELES

This case concerns the denial of an applicant's petition for reconsideration of a workers' compensation award. The applicant sought further temporary disability benefits beyond the 104-week limit imposed by Labor Code § 4656(c)(1). The Workers' Compensation Appeals Board denied the petition, finding the applicant failed to prove equitable estoppel against the defendant's application of the statutory limit, despite the defendant's initial refusal to authorize shoulder surgery. The Board adopted the WCJ's reasoning that the applicant did not demonstrate reliance on any conduct by the defendant that prevented her from timely pursuing authorization for the surgery.

Workers' Compensation Appeals BoardNora MedearisCounty of Los AngelesPermissibly Self-InsuredMON 0325089MON 0325090Opinion and Order Denying Petition for ReconsiderationInterim Joint Findings and AwardCentral Services TechnicianIndustrial Injury
References
Case No. ADJ7553654, ADJ7550664
Regular
May 16, 2016

JOSE REYES vs. WESTERN LIGHTWAVE, AIG

The Workers' Compensation Appeals Board (WCAB) denied a petition for disqualification filed in the case of Jose Reyes v. Western Lightwave; AIG. The Board adopted the findings of the workers' compensation administrative law judge (WCJ) in its decision. While the WCAB denied the disqualification, it noted with concern allegations of unprofessional conduct by the applicant's former attorney and reminded all participants of their duty to act professionally.

Petition for DisqualificationWCJ ReportUnprofessional ConductUncivil ConductApplicant's AttorneyDuty to Act ProfessionallyCourteous ConductWorkers' Compensation Appeals BoardAdministrative Law JudgeDenied Order
References
Case No. ADJ768780 (FRE 0249044)
Regular
Aug 31, 2015

ANDRE PARENTEAU vs. GRIEF BROTHERS, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and modified a prior order, affirming the award of $5,252.50 in attorney's fees and costs against lien claimant AMR Group. While acknowledging AMR Group's egregious and meritless conduct, including filing a faulty Declaration of Readiness to Proceed, the WCAB rescinded a separate notice of intent to sanction. This second sanction notice was deemed improper as a prior WCJ had already addressed and dismissed a similar sanction for the same conduct. The WCAB emphasized that reissuing a sanction notice for the same actions violated due process.

Petition for ReconsiderationLien ClaimantDeclaration of Readiness to ProceedAttorney's FeesCostsNotice of Intent to SanctionEgregious ConductFrivolous ConductWCJAdjudicated
References
Case No. ADJ4230639
Regular
Nov 05, 2010

GARY FOSTER (Deceased), MANUEL VILLARREAL vs. RPI COATING, INC., SCIF INSURED FRESNO

This case involves the imposition of $\$ 250.00$ in sanctions against defendant's counsel, Sylvia Bedrossian, and her client, SCIF. The sanctions were issued for engaging in bad faith and/or frivolous conduct by failing to provide proper evidentiary citations and attaching documents not in evidence to a petition for reconsideration. The Appeals Board found this conduct wasted its limited resources. The matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalSanctionsLabor Code section 5813Board Rule 10561Bad Faith ConductFrivolous ConductImproper CitationsUnacknowledged ExhibitsPetition for Reconsideration
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ10531138
Regular
Mar 10, 2025

JOAN MARASON vs. QUALITY COMP. INC.; ATHENS ADMINISTRATORS

Lien claimant representative Alex Kauffman sought reconsideration of a WCJ's Findings and Order (F&O) which imposed monetary sanctions for disruptive and unprofessional conduct during a lien conference. Kauffman contended the F&O lacked adequate basis and did not reflect a review of the entire record. The Workers' Compensation Appeals Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings. This decision was based on concerns that a reasonable person might doubt the WCJ's impartiality given the WCJ was a potential witness to the events leading to the sanctions.

ADJ10531138Alex KauffmanPetition for ReconsiderationMonetary SanctionsDisruptive ConductUnprofessional ConductLien ConferenceNotice of Intent to Impose SanctionsWCJ ImpartialityRescinded Order
References
Case No. ADJ7309746
Regular
Sep 21, 2017

JESUS SUAREZ ORDAZ vs. SEAMAN NURSERIES, INC., AMERICAN CLAIMS

This case involves a dispute over legal fees and costs awarded by a Workers' Compensation Appeals Board (WCAB) judge against a lien claimant, The Nielsen Firm. The judge had previously ordered Nielsen to pay $\$ 5,550.00$ to Central Valley Injured Worker Legal Clinic for frivolous and unreasonable conduct. Nielsen sought reconsideration, arguing its actions did not constitute bad faith. The WCAB granted reconsideration, reducing the awarded amount to $\$ 3,150.00$, specifically removing fees for hearing dates that were continued due to administrative reasons beyond the parties' control.

WCABPetition for ReconsiderationFindings of Fact and Orderlien claimantfrivolous conductunreasonable conductattorney feeslegal costsCompromise and Releaseapplicant attorney fees
References
Case No. ADJ4696823 (LAO 0789746) ADJ879503 (LAO 0835109)
Regular
Mar 24, 2014

JAMES CHAPMAN vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION

Former attorney Dean Donin petitioned for reconsideration of a stipulated award, claiming he was not served and no portion of the attorney fee was awarded to him. The WCAB dismissed his petition, finding that the award expressly held the $252.00 attorney fee in trust pending resolution of Donin's lien, meaning he was not aggrieved. The Board admonished Donin for his practice of filing petitions without verifying the award and noted that the proper remedy for fee disputes is a declaration of readiness, not reconsideration. Failure to cease this conduct could result in sanctions.

WCABPetition for ReconsiderationAttorney's FeesLien ClaimantStipulated AwardWCJEAMSAggrieved PartyDeclaration of ReadinessSanctions
References
Case No. ADJ4468432 (LAO 0811641)
Regular
Mar 24, 2014

JOSE LUIS TAMAYO vs. SUPER REMATE LATINO, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Appeals Board dismissed former attorney Dean Donin's petition for reconsideration of a Compromise and Release agreement. Donin claimed he was not served and that no attorney fees were awarded to him. However, the agreement and Order Approving Compromise and Release clearly provided him a $900 fee, and evidence showed he received and deposited the payment. Therefore, Donin was not aggrieved, and his petition was dismissed as both lacking merit and untimely. The Board strongly admonished Donin for filing such petitions without verifying facts and warned of potential sanctions for frivolous conduct.

Workers' Compensation Appeals BoardCompromise And ReleasePetition for ReconsiderationAttorney's FeesUninsured Employers Benefits Trust FundAggrieved PartyTimelinessLabor Code § 5900(a)EAMSSanctions
References
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