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

Case No. ADJ9681671
Regular
Jul 01, 2016

LAWRENCE O'DONNELL vs. TEN WEST TOWING-PTO, SERVICES/STRUCTURE AND CLAIMS RESERVE MANAGEMENT

This case concerns a Petition for Reconsideration filed by an attorney challenging the dismissal of his untimely Petition for Removal. The Appeals Board granted removal to correct a clerical error in their prior decision regarding the date of the WCJ's order. The Board dismissed the current Petition for Reconsideration as successive and because the underlying WCJ's order denying the attorney's request to be relieved was not a final, appealable order.

PETITION FOR REMOVALPETITION FOR RECONSIDERATIONCLERICAL ERRORMANDATORY SETTLEMENT CONFERENCERELIEVED AS ATTORNEY OF RECORDNON-FINAL ORDERLABOR CODE SECTION 5310SUCCESSIVE PETITIONSUBSTANTIVE RIGHT OR LIABILITYINTERLOCUTORY PROCEDURAL DECISIONS
References
10
Case No. ADJ7508584
Regular
Sep 30, 2014

CALVIN WRIGHT vs. HEALTH NET, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior order regarding temporary total disability (TTD) indemnity payments. The WCAB found the defendant's attorney's petition for reconsideration frivolous and filed in bad faith, noting the attorney attempted to disregard a prior stipulation on average weekly earnings and TTD rate. Consequently, the WCAB issued a notice of intention to impose sanctions of up to $2,500 against the attorney for bad faith actions, delay, and failure to comply with procedural rules. The WCAB will affirm the prior order directing the defendant to pay the TTD difference owed to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAttorney FeesStipulationTemporary Total Disability (TTD) IndemnityAverage Weekly EarningsWCJBad FaithFrivolous
References
0
Case No. MISSING
Regular Panel Decision
Jul 07, 1978

SOCIALIST WKRS. PARTY v. Attorney General of US

This case involves an action by the Socialist Workers Party (SWP) and the Young Socialist Alliance (YSA) against various federal agencies and officials, primarily the Attorney General and the FBI, for alleged constitutional violations stemming from extensive FBI informant activities and disruption programs. The current opinion addresses the Attorney General's refusal to comply with a May 31, 1977, court order to produce 18 confidential FBI informant files to plaintiffs' counsel. The court rejected the Attorney General's arguments concerning informant confidentiality, appellate review, and alternative sanctions, emphasizing the files' indispensable nature for the litigation of plaintiffs' claims, which include demands for damages and injunctive relief. The court ruled that the Attorney General must comply with the production order by July 7, 1978, or face civil contempt, underscoring the judiciary's power to enforce orders even against high-ranking government officials.

Informant ConfidentialityDiscovery DisputeCivil ContemptGovernment MisconductFBI SurveillancePolitical OrganizationsFirst Amendment RightsConstitutional ViolationsAppellate ReviewAttorney General
References
35
Case No. ADJ1595121 (ANA 0369848) ADJ3409041 (ANA 0368368)
Regular
Jul 09, 2018

Victoriano Valadez, Marcos Arellano vs. Progressive Business Corporation, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Removal as untimely filed. The petition sought to overturn an order relieving the applicant's attorney, which occurred over eight months prior to the filing. While the Board would have denied the petition on its merits had it been timely, it emphasized that the WCJ's prior order relieving counsel was not a final determination of substantive rights. The WCAB also clarified that claims of attorney misconduct and requests for case files must be raised before the WCJ.

WCABPetition for RemovalOrder Relieving Attorney of RecordPetition for ReconsiderationUntimely FilingIncarcerated ApplicantGraiwer & KaplanLLPWithdrawal of CounselProcedural Order
References
5
Case No. ADJ237189 (RIV 0058701)
Regular
May 22, 2009

DONALD K. SMITH vs. CITY OF SANTA ANA

This case concerns an applicant's attorney's petition for reconsideration regarding appellate costs and attorney's fees. The Workers' Compensation Appeals Board affirmed its prior decision, which had affirmed the finding of industrial injury to the heart and prostate but barred the skin cancer claim due to the statute of limitations. The Board ordered the applicant's attorney to reimburse the applicant $390 improperly solicited and received, while ordering the defendant to pay appellate costs of $382.79 upon confirmation of the reimbursement. The Board declined to increase the attorney's fee, finding it already exceeded typical ranges and that the attorney had not demonstrated entitlement to more.

Workers' Compensation Appeals BoardReconsiderationRemittiturStatute of LimitationsSkin CancerHeart InjuryProstate CancerPermanent DisabilityAttorney's FeeAppellate Costs
References
2
Case No. ADJ6550105 ADJ6777358 ADJ6777361 ADJ6976802
Regular
Oct 03, 2014

ESTHER GARCIA vs. ANTELOPE VALLEY UNION HIGH SCHOOL DISTRICT, CORVEL CORPORATION

The Workers' Compensation Appeals Board granted reconsideration and rescinded an earlier order allowing attorney fees. The Board found that Labor Code section 5710(b) only authorizes fees for depositions of the injured employee or their dependents, not for depositions of Qualified Medical Evaluators (QMEs). Therefore, applicant's counsel was not entitled to fees for attending the QME's deposition. The Board denied the petition for attorney's fees.

Labor Code $\S 5710$Petition for ReconsiderationWorkers' Compensation Appeals BoardQualified Medical Evaluator (QME)Attorney's FeesDepositionInjured EmployeeDependent BenefitsWCJContingency Fee
References
0
Case No. ADJ4702870 (LAO 0757820)
Regular
May 20, 2016

Rubie Johnson vs. Los Angeles County Mental Health

This case involves sanctions imposed on lien claimant David Silver, M.D., and his representatives for failing to appear at a properly noticed lien conference without good cause. The Workers' Compensation Appeals Board (Board) granted reconsideration to affirm the sanctions and attorney fees awarded. The Board found that the excuses provided for the non-appearance were unreasonable and constituted bad faith actions under Labor Code section 5813. Consequently, Silver and his representatives were ordered to pay $\$250.00$ in sanctions to the General Fund and $\$2,100.00$ in attorney fees to the defendant.

Labor Code Section 5813WCAB Rule 10561WCAB Rule 10770.1Lien ConferenceFailure to AppearBad Faith ActionsSanctionsAttorney's FeesPetition for ReconsiderationJoint and Several Liability
References
1
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. ADJ4271541 (LBO 0393859)
Regular
May 15, 2014

DANILO YAP vs. LOS ANGELES DEPARTMENT OF WATER & POWER

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the WCJ's Order Vacating the prior order relieving counsel was not a final order. The WCAB also denied the petition for removal, finding the applicant failed to demonstrate significant prejudice or irreparable harm from the order. Applicant contended his attorney's withdrawal and alleged misconduct by both parties' counsel prejudiced his case. The WCAB concluded no extraordinary circumstances justified removal and applicant could seek reconsideration after a final order.

Petition for ReconsiderationPetition for RemovalOrder Vacating OrderAttorneys of RecordLaw Offices of George HendersonWCJWorkers' Compensation Appeals BoardFinal OrderSubstantive RightIrreparable Harm
References
5
Case No. ADJ7096210
Regular
Apr 11, 2011

ROBERTO GONZALEZ vs. JERRY'S FAMOUS DELI, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The Board granted removal to address the frivolous nature of the petition, which contained false factual assertions regarding a prior conference. Consequently, the Board intends to impose sanctions of up to $1,500 each against Hearing Representative Lance Garrett and Attorney Carl Feldman for their bad-faith actions. The Board also ordered Attorney Feldman to identify the representative who appeared at the January 26, 2011 conference.

WCABPetition for ReconsiderationPetition for RemovalOrder To Suspend ProceedingCompel Medical ExaminationPanel Qualified Medical Examiner (PQME)Hearing RepresentativeSanctionsFrivolous PetitionBad Faith Actions
References
1
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