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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 Therefore, the prior order imposing sanctions on Pinnacle is rescinded, but Pinnacle faces potential new sanctions for its delay.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. 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The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior sanctions order, and issued a new order imposing reduced sanctions of $500 against a lien claimant and its representative. The claimant's representative mistakenly believed the applicant's case was resolved based on an outdated EAMS entry, leading to the premature filing of a Declaration of Readiness and subsequent failure to appear at a lien conference.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. 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. 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. ADJ7104576
Regular
Mar 09, 2012

DEVEL MOORE vs. GAMEWORKS/SEGA AMERICA, INC., MITSUI SUMIMOTO INSURANCE GROUP, MITSUI SUMIMOTO MARINE MANAGEMENT

Lien claimants improperly petitioned for reconsideration of an interlocutory order denying discovery, which is not a final order subject to reconsideration. The Appeals Board dismissed the petition and granted removal on its own motion to address the discovery dispute. The Board also issued a notice of intention to impose sanctions against the lien claimants and their counsel for bad-faith, frivolous actions and unprofessional conduct. Sanctions may be imposed up to $2,500 unless good cause is shown otherwise.

AOE/COEPetition for ReconsiderationLien ClaimantsDiscovery RequestsFinal OrderInterlocutory OrderRemovalSanctionsLabor Code Section 5813Bad Faith
References
7
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. ADJ2303350 (FRE 0230817)
Regular
Apr 05, 2013

Benjamin Martinez vs. Boghossian Raisin Packing, State Compensation Insurance Fund

Lien claimants sought reconsideration of notices to dismiss their liens, but the Appeals Board dismissed their petition as interlocutory orders are not subject to reconsideration. The Board granted removal on its own motion and intends to sanction the lien claimants' representative, AMR Group, and the lien claimants themselves (Hooty Services and Accutox) for frivolous and bad-faith actions. This intent to sanction stems from their attempt to challenge a procedural order clearly permitted by Appeals Board rules.

Workers Compensation Appeals BoardPetition for ReconsiderationLien ClaimantsNotice of IntentionDismissalRemovalSanctionsLabor CodeFinal OrderInterlocutory Decisions
References
7
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
0
Case No. ADJ6849643
Regular
May 20, 2013

CHARLES MALINOWSKI vs. HSM ELECTRONIC PROTECTION SERVICES, INC., SPECIALTY RISK

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order setting the case for trial and closing discovery, as such procedural orders are not final and thus not subject to reconsideration. The WCAB granted removal on its own motion, finding the defendant's petition frivolous and indicative of bad faith tactics intended to delay proceedings. Consequently, the WCAB issued a notice of intention to sanction the defendant and its counsel jointly and severally, up to $1,500, for their improper procedural filing. The matter will proceed with trial pending the resolution of the sanctions issue.

RemovalPetition for ReconsiderationDismissalSanctionBad FaithFrivolousLabor Code Section 5813Title 8 Section 10561Interlocutory OrderVocational Rehabilitation Expert
References
9
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