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

Case No. ADJ8204664
Regular
Dec 16, 2013

MARIA MUNOZ vs. FLOREZ FAMILY, INC. dba McDONALD'S RESTAURANT

This case involves a defendant's petition for reconsideration of an interlocutory order by a WCJ regarding the proper selection of a medical panel. The Appeals Board vacated its prior order granting reconsideration, finding that interlocutory orders are not subject to reconsideration. Additionally, the Board granted removal on its own motion due to the defense attorney's failure to respond to a notice of intent to impose sanctions. Consequently, the defense attorney was ordered to pay a $100 sanction to the Workers' Compensation Appeals Board.

Workers' Compensation Appeals BoardReconsiderationSanctionsDefense AttorneyFindings and AwardFindings and OrderLabor Code section 4062.2Labor Code section 5900Interlocutory OrderRemoval
References
8
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 Therefore, the prior order imposing sanctions on Pinnacle is rescinded, but Pinnacle faces potential new sanctions for its delay.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
4
Case No. MISSING
Regular Panel Decision
Jun 29, 2017

In re U.S. Steel Canada Inc.

U.S. Steel Canada Inc. (USSC), a Canadian subsidiary of U.S. Steel Corporation, initiated a Chapter 15 case in the U.S. Bankruptcy Court on June 2, 2017. The primary objective was to obtain recognition of its Canadian CCAA proceeding as a foreign main proceeding and to enforce the Sanction Order and the associated reorganization plan approved by the Canadian Court. No objections were raised to the requested relief. Following a hearing on June 29, 2017, the Court granted all requests, recognizing the CCAA proceeding and enforcing the Sanction Order and Plan. The Court's decision was based on USSC meeting Chapter 15 eligibility requirements, including having property in the U.S., and confirmed that the CCAA proceeding was a foreign main proceeding with USSC's center of main interests (COMI) in Canada.

Chapter 15 BankruptcyForeign Main ProceedingCross-Border InsolvencyCCAA ProceedingSanction OrderReorganization PlanInternational ComityBankruptcy Code Section 109(a)Center of Main Interests (COMI)Debtor Eligibility
References
50
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
0
Case No. MISSING
Regular Panel Decision

Stockschlaeder & McDonald, Esqs. v. Kittay (In Re Stockbridge Funding Corp.)

Appellant law firm Stockschlaeder & McDonald appealed an order from the United States Bankruptcy Court for the Southern District of New York, which found them guilty of civil contempt and imposed sanctions for failing to turn over debtor's documents and violating an automatic stay. The District Court affirmed the bankruptcy court's finding of civil contempt, citing clear and convincing evidence of the firm's noncompliance and lack of diligence regarding the turnover orders. However, the court vacated the civil contempt sanctions, reasoning that coercive sanctions cannot be applied after compliance, and the fixed fine effectively functioned as a criminal contempt sanction requiring due process protections not met. The District Court also upheld the bankruptcy court's determination that Stockschlaeder & McDonald violated the automatic stay by improperly releasing and recording mortgage assignments post-petition. Consequently, the order was affirmed in part and vacated in part.

Civil ContemptBankruptcy AppealAutomatic Stay ViolationSanctionsTurnover OrderLaw Firm LiabilityDebtor's EstateCoercive SanctionsCriminal ContemptDue Process
References
27
Case No. 15-36090
Regular Panel Decision

In re Covelli

The U.S. Bankruptcy Court granted the Debtors' motion to reopen their Chapter 7 bankruptcy case and imposed sanctions on creditor William Clement for violating the discharge injunction. Clement had pursued a deficiency judgment in state court on a discharged mortgage debt, despite previous court orders. The Court found Clement in contempt and ordered him to withdraw the state court proceeding, imposing a daily penalty for non-compliance. The Court denied Clement's separate motion to declare an earlier Chapter 13 petition date as the effective date for the Chapter 7 discharge, reaffirming the June 15, 2015 Chapter 7 petition date.

BankruptcyDischarge InjunctionSanctionsMotion to ReopenPetition DateDeficiency JudgmentContemptChapter 7Chapter 13Automatic Stay
References
82
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. ADJ8580497
Regular
Oct 24, 2014

Anthony Broussard, Chenequa Phelps, William Ortiz vs. Neighborhood House Association; Zenith Insurance Company, Grossmont Family Medical Group; Zenith Insurance Company, Steigerwald Dougherty, Inc.; Zenith Insurance Company

In three consolidated workers' compensation cases, the Appeals Board rescinded its prior consolidation order and imposed $1,000 in sanctions against lien claimant ARS Legal and its representative. The Board found that ARS Legal improperly attempted to compel claims adjusters' appearances via notice, misinterpreting Code of Civil Procedure section 1987(b). The Board rejected ARS Legal's arguments regarding procedural ignorance and good faith, affirming that the representative's duty included understanding proper legal procedures.

Workers' Compensation Appeals BoardZenith Insurance CompanyARS LegalPetition for ReconsiderationOrder Quashing Notice to AppearClaims AdjusterSubpoenaWCJLabor Code Section 5813WCAB Rule 10561
References
9
Case No. 13-71842-ast; 13-72354-ast
Regular Panel Decision
Jun 08, 2015

In re 1990's Caterers Ltd.

Richard Bivona, one of the petitioning creditors in an involuntary Chapter 7 bankruptcy case against 1990’s Caterers Ltd, was ordered on November 19, 2013, to turn over $30,613.00 in auction sale proceeds to the Chapter 7 Trustee, Kenneth P. Silverman. Despite numerous hearings and orders, including a daily sanction of $200 and a judgment for attorney’s fees and accrued sanctions, Bivona continuously failed to comply. In January 2015, Bivona offered contradictory testimony, claiming he did not possess the funds at the time of the initial order, which the Court deemed false. The Court found Bivona in knowing, clear, and convincing civil contempt and, finding no lesser sanction appropriate due to his pattern of non-compliance, ordered that if he does not turn over the funds by June 22, 2015, a warrant will be issued for his arrest, and he will be held in custody by the United States Marshals until he purges his contempt.

Civil ContemptBankruptcyTurnover OrderSanctionsIncarcerationDebtor-CreditorAsset SaleTrustee EnforcementJudicial AuthorityRule Violation
References
30
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
0
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