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Case Law Database

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

Case No. ADJ6620175

Regular

Oct 10, 2013

CAMELLA MORA GONZALEZ vs. KAY'S CLEANERS

The Workers' Compensation Appeals Board is imposing sanctions under Labor Code § 5813 against Innovative Medical Management and lien claimant Priority Care Medical Transportation for $1,000.00, jointly and severally. Additionally, sanctions of $250.00 are imposed against Louis Heard, the lien claimant's hearing representative. These sanctions were ordered due to a failure to object to a previously issued notice of intention, following the Board's affirmation of the dismissal of the lien claim. The sanctioned parties did not provide any written objection demonstrating good cause to avoid the sanctions.

Labor Code § 5813SanctionsPetition for ReconsiderationLien ClaimDismissalPriority Care Medical TransportationInnovative Medical ManagementLouis HeardWorkers' Compensation Appeals BoardHearing Representative

References

Case No. ADJ2543755 (LAO 0831288)

Regular

Oct 26, 2015

HERIBERTO ARGUETA vs. MILLENNIUM MULTISPECIALTY MEDICAL GROUP, STATE FARM INSURANCE COMPANY

Pinnacle Lien Services' petition for reconsideration was granted because the Workers' Compensation Appeals Board (WCAB) lacked personal jurisdiction over Pinnacle when sanctions were imposed. The WCAB found that Pinnacle was never properly joined as a party nor given adequate notice of the proceedings leading to the sanctions. Despite this finding, the WCAB intends to impose a sanction on Pinnacle for failing to timely address the wrongly issued order, which wasted WCAB resources. Therefore, the prior order imposing sanctions on Pinnacle is rescinded, but Pinnacle faces potential new sanctions for its delay.

Pinnacle Lien ServicesPetition for ReconsiderationPetition to Set AsideLabor Code section 5804jurisdictionpersonal jurisdictiondue processNotice of Intent to SanctionJoint Findings and Ordersremoval

References

Case No. ADJ6502736

Regular

Nov 21, 2011

JUAN BARCENAS vs. THE BEST MASTER ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND, New Age Imaging Copy Service

This order imposes a $500.00 sanction against lien claimant New Age Imaging Copy Service for filing a frivolous petition for reconsideration without justification. The Board previously provided notice of its intent to sanction and allowed an opportunity to object, which the lien claimant failed to do. The sanction is for violating Labor Code section 5813 and WCAB Rule 10561(b)(2) regarding frivolous filings. Payment is due within twenty days to the Workers' Compensation Appeals Board for transmittal to the General Fund.

Frivolous petitionSanctionLabor Code section 5813WCAB Rule 10561(b)(2)Lien claimantPetition for reconsiderationNotice of intentionGood causeOpinion and Order Dismissing Petition for ReconsiderationGranting Removal

References

Case No. ADJ6711975

Regular

Aug 05, 2013

DIONICIO REYES vs. FILOMENA D'AMORE, FIRSTCOMP OMAHA

The Workers' Compensation Appeals Board dismissed a lien claimant's petition to vacate an order dismissing their lien for failure to pay an activation fee. The petition was untimely, filed 59 days after the order was served. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions due to the petition's untimeliness and multiple misrepresentations of fact. The Board is considering imposing a $500 sanction against the lien claimant's representative.

Lien ClaimantPetition to Vacate OrderLien Activation FeeLabor Code section 4903.06Untimely PetitionRemoval on Own MotionNotice of Intention to Impose SanctionsLabor Code section 5813Misrepresented Material FactsWCAB Rule 10842(a)

References

Case No. ADJ4317964 (LBO 0362360)

Regular

Aug 09, 2013

PEDRO BONILLA vs. JUAN GOMEZ dba TEAM WAREHOUSE PERSONNEL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a $\$750$ sanction imposed on lien claimant Tri City Regional Medical Center. The WCAB found that while the lien claimant filing a Declaration of Readiness to Proceed prematurely was an error, it was based on a reasonable belief that the case had settled. The Board rescinded the original $\$750$ sanction and imposed a reduced sanction of $\$250$ jointly and severally on the lien claimant, its representative Richard Fruge, and his firm due to a clerical error in the original order.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Imposing SanctionsDeclaration of Readiness to ProceedElectronic Adjudication Management SystemDue ProcessSupplemental PetitionWCAB Rule 10770.6Notice of Intention to Issue Sanctions

References

Case No. ADJ3113473

Regular

Sep 29, 2014

PAMELA JACKSON vs. WEST COAST SIGNS, GRANITE STATE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior sanctions order, and issued a new order imposing reduced sanctions of $500 against a lien claimant and its representative. The claimant's representative mistakenly believed the applicant's case was resolved based on an outdated EAMS entry, leading to the premature filing of a Declaration of Readiness and subsequent failure to appear at a lien conference. While acknowledging the filing and non-appearance errors, the Board reduced the sanctions from $1,500 to $500, citing the claimant's "honest mistake" in interpreting the EAMS record. The matter was returned to the trial level for further proceedings.

Declaration of ReadinessElectronic Adjudication Management Systemlien claimantSanctions OrderPetition for ReconsiderationWorkers' Compensation Appeals Boardcase in chiefStipulations with Request for AwardPetition to Reopenpermanent disability

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. ADJ2064794

Regular

Aug 01, 2011

TRINIDAD HERNANDEZ vs. ORECO DUCT SYSTEMS, ULICO CASUALTY COMPANY

This case involves a $\$250$ sanction imposed on applicant's attorney, Peter T. Brown, by the Workers' Compensation Appeals Board. The sanction was for filing a petition for reconsideration that was both skeletal and untimely. Mr. Brown was given an opportunity to object and show good cause, but he failed to do so. Consequently, the Board found the sanction justified and ordered payment.

SanctionsLabor Code § 5813Petition for ReconsiderationSkeletal PetitionUntimely PetitionGood CauseWorkers' Compensation Appeals BoardArbitratorFindings of AwardApplicant Counsel

References

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

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

Showing 1-10 of 25,091 results

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Updated Daily

Case Law Database

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

Case No. ADJ6620175

Regular

Oct 10, 2013

CAMELLA MORA GONZALEZ vs. KAY'S CLEANERS

References

Case No. ADJ2543755 (LAO 0831288)

Regular

Oct 26, 2015

HERIBERTO ARGUETA vs. MILLENNIUM MULTISPECIALTY MEDICAL GROUP, STATE FARM INSURANCE COMPANY

Pinnacle Lien ServicesPetition for ReconsiderationPetition to Set AsideLabor Code section 5804jurisdictionpersonal jurisdictiondue processNotice of Intent to SanctionJoint Findings and Ordersremoval

References

Case No. ADJ6502736

Regular

Nov 21, 2011

JUAN BARCENAS vs. THE BEST MASTER ENTERPRISES, INC., STATE COMPENSATION INSURANCE FUND, New Age Imaging Copy Service

References

Case No. ADJ6711975

Regular

Aug 05, 2013

DIONICIO REYES vs. FILOMENA D'AMORE, FIRSTCOMP OMAHA

References

Case No. ADJ4317964 (LBO 0362360)

Regular

Aug 09, 2013

PEDRO BONILLA vs. JUAN GOMEZ dba TEAM WAREHOUSE PERSONNEL, INC., STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ3113473

Regular

Sep 29, 2014

PAMELA JACKSON vs. WEST COAST SIGNS, GRANITE STATE INSURANCE COMPANY

References

Case No. ADJ1839916 (LBO 0396758)

Regular

Apr 19, 2016

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

References

Case No. ADJ2064794

Regular

Aug 01, 2011

TRINIDAD HERNANDEZ vs. ORECO DUCT SYSTEMS, ULICO CASUALTY COMPANY

SanctionsLabor Code § 5813Petition for ReconsiderationSkeletal PetitionUntimely PetitionGood CauseWorkers' Compensation Appeals BoardArbitratorFindings of AwardApplicant Counsel

References

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

References

Case No. ADJ8693165

Regular

Sep 03, 2013

JEREMY VALENCIA vs. AGI PUBLISHING, INC., LIBERTY MUTUAL INSURANCE COMPANY

References

Showing 1-10 of 25,091 results

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