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

Case No. ADJ2303350 (FRE 0230817)
Regular
Jun 17, 2013

BENJAMIN MARTINEZ vs. BOGHOSIAN RAISIN PACKING, STATE COMPENSATION INSURANCE FUND

In this Workers' Compensation Appeals Board decision, the Board is issuing its final order after granting removal. The Board will sanction Tim Roupoli, AMR Group, Hooty Services, and Accutox, jointly and severally, $500 for failing to object to a prior notice of intention to sanction. These parties are ordered to pay the sanction within 20 days to the General Fund. The underlying reasons for the sanction are incorporated by reference from the prior notice.

Workers' Compensation Appeals BoardRemovalSanctionLien ClaimantTim RoupoliAMR GroupHooty ServicesAccutoxLab. Code § 5813Cal. Code Regs. § 10561
References
0
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
2
Case No. ADJ2076494
Regular
Mar 28, 2011

DANA FIELDS vs. RAYMOND INTERIOR SYSTEMS, INSURANCE COMPANY OF THE WEST

The Workers' Compensation Appeals Board granted reconsideration and rescinded a WCJ's order barring a lien claimant's claim and awarding sanctions. The Board found the record insufficient for meaningful review, as the WCJ failed to memorialize submitted issues, admitted evidence, and failed to issue a notice of intention before imposing sanctions. The matter was returned to the trial level for further proceedings and a new decision with a properly prepared record.

Workers Compensation Appeals BoardLien ClaimantStatute of LimitationsBad FaithCosts and Attorney's FeesPetition for ReconsiderationReport and RecommendationLabor Code Section 4903.5Labor Code Section 4904Laches
References
2
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. 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. ADJ7159953
Regular
Feb 17, 2012

ANTONIO CORONA vs. RANDSTAD NORTH AMERICA, ACE AMERICAN INSURANCE COMPANY

Lien claimants sought reconsideration of an administrative law judge's order disallowing their liens and imposing sanctions. The Appeals Board granted reconsideration, rescinded the order, and returned the matter for a decision on the merits. The Board found the sanctions unjustified due to unclear orders regarding trial briefs and lack of proper notice, and further noted the judge failed to issue a required opinion explaining the basis for disallowing the liens. The case is remanded for a proper decision with an explanatory opinion.

Workers' Compensation Appeals BoardLien ClaimantsReconsiderationWCJ OrderSanctionsTrial BriefsBurden of ProofCompromise and ReleaseIndustrial InjuryUtilization Review
References
2
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. FRE 0212901
Regular
Jul 23, 2008

JANETTA SCONIERS vs. COLEMAN & HOROWITT, LLP, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, BROADSPIRE

The applicant, Janetta Sconiers, has been declared a vexatious litigant and ordered to pay a $1,000 sanction. This decision stems from her repeated filing of frivolous and duplicative petitions to disqualify the judge and set aside prior orders, despite previous admonitions and sanctions. Consequently, her future filings will require approval from the presiding Workers' Compensation Administrative Law Judge.

Vexatious LitigantPropria PersonaWCJ DisqualificationFrivolous PleadingsBad Faith ConductSanctionsDuplicative FilingsAffirmative ReliefWorkers' Compensation Appeals BoardLabor Code Section 5813
References
3
Case No. ADJ7390533
Regular
Dec 10, 2018

HADA RAMOS vs. PREMIER BUILDING MAINTENANCE SERVICES, CYPRESS INSURANCE COMPANY C/O BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board granted reconsideration to address discrepancies regarding submitted invoices for lien claimant Med-Legal Photocopy. Previously, a decision disallowed certain invoices due to perceived missing documentation, but the lien claimant asserted these were submitted. The Board found good cause to rescind its prior order and the WCJ's award due to potential technical filing issues with EAMS. The case is returned to the WCJ to develop the record concerning the disputed invoices and issue a new decision.

Med-Legal PhotocopyPetition for ReconsiderationOpinion and Decision After ReconsiderationAdministrative Law JudgeFindings and AwardLien ClaimantInvoicesBurden of ProofRecord DevelopmentElectronic Adjudication Management System (EAMS)
References
0
Case No. ADJ9705507
Regular
Jun 12, 2017

MICHAEL SANTINI vs. SCHNEIDER ELECTRIC, ACE AMERICAN INSURANCE COMPANY, ESIS, INC.

The Appeals Board dismissed the applicant's Petition for Reconsideration as the order for a replacement QME panel was not a final decision. However, the Board granted removal, rescinded the WCJ's Minute Order, and returned the matter to the trial level. This action was taken because the WCJ's order lacked an accompanying opinion and did not refer to supporting evidence, hindering meaningful review. Furthermore, the parties had not stipulated to submit the replacement panel issue at the conference where the order was issued.

Petition for ReconsiderationPetition for RemovalPanel Qualified Medical EvaluatorPQMEReplacement PanelMinute OrderOpinion on DecisionDevelop the RecordAdjudication FileEAMS
References
10
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