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

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. ADJ7149085
Regular
Sep 16, 2010

MARTINE MARTE vs. SENECA RESIDENTIAL & DAY TREATMENT CENTER, AIG INSURANCE CO., GALLAGHER-BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's (WCJ) order imposing sanctions against the defendant. The defendant was sanctioned for failing to comply with a court order requiring specific responses regarding a Compromise and Release agreement. While the Board acknowledged the defendant's flawed attempt to withdraw the agreement and insufficient initial response, it found the defendant's actions did not rise to the level of bad faith or frivolous conduct warranting sanctions. Ultimately, the Board rescinded the sanctions order, finding the defendant had acted with the intent to remedy deficiencies in the settlement.

Workers' Compensation Appeals BoardSanctionsReconsiderationCompromise and ReleaseWCJPetition for ReconsiderationOrder Imposing SanctionsReport and RecommendationNotice of Intention to Impose SanctionsFailure to Comply
References
Case No. ADJ9719826
Regular
Aug 12, 2016

ABIGAIL FLORES vs. RISSE CONSTRUCTION CO., AMTRUST NORTH AMERICA

This case involves a defendant's petition for reconsideration of a $\$1000$ sanction order for bad-faith actions. The sanction was imposed due to the defendant's egregious delay and frivolous objections in paying a $\$180$ interpreter's lien, which took over eight months and required multiple billings and a court order. The Workers' Compensation Appeals Board denied the petition, upholding the WCJ's finding of frivolous conduct intended to cause unnecessary delay. The Board also affirmed that due process was satisfied by providing the defendant notice and an opportunity to respond to the sanctions.

WCABPetition for ReconsiderationSanctionsOrder Imposing SanctionsBad Faith ActionsFrivolous ConductWCJLien ClaimUnnecessary DelayCertified Interpreter
References
Case No. ADJ7251132
Regular
May 18, 2015

ROSALIE ALVAREZ vs. BAH CALIFORNIA, PMA, administered by GALLAGHER BASSETT

The Workers' Compensation Appeals Board (WCAB) denied Monrovia Memorial Hospital's petition for reconsideration. The lien claimant argued due process violations regarding penalties, interest, and excluded evidence. However, the WCAB adopted the judge's report, denying reconsideration of the original order. The WCAB also clarified that the Notice of Intention to Impose Sanctions is not a final order subject to reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien ClaimantFindings and OrderEvidentiary RulingNotice of Intention to Impose SanctionsDue ProcessFinal OrderInterlocutory OrderSanctions
References
Case No. ADJ1839916 (LBO 0396758)
Regular
Apr 19, 2016

JORGE LOPEZ vs. FASHION AVENUE INC., dba INTERNATIONAL GRAPHICS; FIRST COMP OMAHA, MARKEL INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to Ramirez & Associates regarding sanctions imposed by an administrative law judge. While affirming the jurisdiction to sanction Ramirez & Associates, the Board reduced the awarded costs from $1,376.00 to $1,152.00 due to excessive attorney time billed for travel and appearance at a lien conference. The Board rescinded the original order and substituted it with a new one imposing $1,000.00 in sanctions and the reduced costs.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsNotice of Intention to Impose SanctionsGood CauseJurisdictionDue Process ViolationExcessive SanctionsAttorney FeesCosts
References
Case No. ADJ9013966
Regular
Oct 07, 2016

MARIA ZAPATA OJEDA vs. SELECT STAFFING, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order imposing a $1,000 sanction against lien claimant Joyce Altman Interpreters. The sanction was initially imposed by a WCJ for allegedly frivolously pursuing costs and sanctions despite the interpreter lien being resolved. However, the Board found the record unclear regarding the interpreter's awareness of the defendant's prior notice about providing an interpreter. Lacking sufficient evidence of bad faith or indisputably meritless claims, the Board returned the matter for further proceedings to ensure substantial justice.

Workers Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Imposing SanctionInterpreting ServicesFrivolous CostsBad Faith ActionsLabor Code Section 5813Notice of Intention to Impose SanctionCompromise and Release
References
Case No. ADJ7469597
Regular
Nov 14, 2014

ANA AVALOS vs. STAFFCHEX, INCORPORATED, LUMBERMEN'S UNDERWRITING

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's second petition for reconsideration, deeming it successive and without merit as it challenged interlocutory discovery orders, not a final decision. The Board, on its own motion, also issued a notice of intention to impose $1,000 in sanctions against applicant's counsel, Carl A. Feldman. This action was taken for filing a frivolous and bad-faith petition, disregarding prior explanations of final orders. Counsel has 15 days plus mailing time to show good cause why sanctions should not be imposed.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder DismissingDenial of RemovalInterlocutory Discovery OrdersPQME AppointmentFinal OrderPre-trial OrdersWCJ's Report and RecommendationSuccessive Petition
References
Case No. ADJ7709362
Regular
Dec 05, 2011

Gloria Kudelko vs. UNITED SERVICES AUTOMOBILE ASSOCIATION, HARTFORD INSURANCE COMPANY, SEDGWICK CLAIMS MANAGEMENT SERVICES, INC.

This case involves a defendant's petition for removal and reassignment of a Workers' Compensation Appeals Board matter. The defendant sought removal of an order from August 9, 2011, which scheduled trial, ordered a claims adjuster to appear, and ordered her to show cause for failing to appear at a prior conference. The Board granted the petition, rescinded the August 9, 2011 order, and returned the case for reassignment to a different WCJ for trial. The Board also stated the current WCJ should proceed with the sanctions issue, allowing the adjuster an opportunity to show good cause for her non-appearance.

Petition for RemovalWCJ SanctionClaims Adjuster AppearanceReassignment WCJMandatory Settlement ConferenceShow Cause OrderIndustrial InjuryWCAB Rule 10453Interlocutory OrderPetition for Reassignment
References
Case No. ADJ1982707, ADJ6743542, ADJ2488929
Regular
Jan 30, 2014

BENNIE MARZETT vs. PACIFIC GAS & ELECTRIC COMPANY

In this workers' compensation case, the Appeals Board denied Pacific Gas & Electric's petition for reconsideration of an order imposing sanctions. The defendant argued the WCJ lacked jurisdiction due to the time elapsed since the injury and that due process required a hearing. The Board affirmed the sanctions, clarifying that the Appeals Board's continuing jurisdiction under Labor Code section 5803 to impose sanctions is separate from an applicant's ability to reopen a case for new and further disability. Furthermore, the Board found that due process was satisfied as the defendant failed to respond to the Notice of Intention to Impose Sanctions, negating the need for an oral hearing.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsLabor Code section 5410Continuing JurisdictionLabor Code section 5803Labor Code section 5804Labor Code section 5813Due ProcessNotice of Intention to Impose Sanctions
References
Case No. ADJ332528 (AHM 0104042)
Regular
Mar 22, 2011

ERNEST DANIELS vs. PIEDMONT ENGINEERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board imposed a $250.00 sanction against the State Compensation Insurance Fund and its attorney, Maria Frias Callejas. This sanction was issued due to their failure to respond to a Notice of Intention to Impose Sanctions and their violation of the Board's Rules of Practice and Procedure. No timely objection demonstrating good cause was filed. Consequently, they are jointly and severally liable for the payment of the sanction to the Appeals Board.

Workers' Compensation Appeals BoardSanctionsState Compensation Insurance FundMaria Frias CallejasRules of Practice and ProcedureNotice of IntentionGood CauseTimely ResponseJoint and Several LiabilityAttorney for Defendant
References
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