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Case Law Database

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

Case No. ADJ4086603 (LAO 0829698) ADJ4469358 (LAO 0829699)

Regular

May 01, 2009

ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

This Workers' Compensation Appeals Board notice addresses a dispute over attorney's fees and costs awarded as sanctions. The defense seeks $800.50 for opposing a petition for reconsideration, while applicant's counsel, Daniel Escamilla, concedes only $540.00. The Board finds $800.50 reasonable and proposes to award this amount to defense counsel, Pearlman, Borska & Wax, L.L.P. This award is separate from any other sanctions payable to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION

References

Case No. ADJ6729351

Regular

Jul 06, 2012

TERESA MALDONADO vs. SUNRISE SENIOR LIVING, SEDGWICK CMS

This case, *Maldonado v. Sunrise Senior Living*, involved an applicant seeking reconsideration of a prior decision by the Workers' Compensation Appeals Board (WCAB). The WCAB reviewed the petition for reconsideration and the administrative law judge's report. Finding no grounds to overturn the initial decision, the WCAB formally denied the petition for reconsideration. The order adopting the judge's reasoning implies the original ruling was affirmed.

Workers' Compensation Appeals BoardSunrise Senior LivingSedgwick CMSADJ6729351Long Beach District OfficeDenying ReconsiderationPetition for ReconsiderationAdministrative Law Judge ReportRecord ReviewAdopt and Incorporate

References

Case No. ADJ8276917

Regular

Jun 03, 2014

MARIO GONZALEZ vs. WEST PICO FOODS, INC., and TOWER SELECT INSURANCE, administered by YORK INSURANCE SERVICES GROUP, INC.

The Workers' Compensation Appeals Board affirmed a prior finding that Mario Gonzalez sustained an injury arising out of and occurring in the course of employment, rejecting the employer's post-termination defense. The Board also imposed a $950 sanction against the applicant's attorneys, Lawrence Y. Kao, Esq. and Pearlman, Borska & Wax, LLP, for misrepresenting facts and the record in their petition. The attorneys' responses failed to demonstrate good cause to avoid sanctions, as they primarily argued the merits of the injury claim rather than addressing the issues raised by the sanctions notice. The employer's insurance administrator, York Insurance Services Group, Inc., was not held responsible for the attorneys' conduct.

AOE/COEpost-termination defenseLabor Code section 3600(a)(10)petition for reconsiderationNotice of Intention to Impose SanctionsWorkers' Compensation Appeals Boardadministrative law judgefindings and ordersanctionsPearlman Borska & Wax

References

Case No. ADJ8583938 ADJ8584068

Regular

Aug 20, 2014

DALIA PEREZ vs. STAPLES, ACE AMERICAN INSURANCE COMPANY, ESIS

In this workers' compensation case, the Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Removal filed by the applicant, Dalia Perez. The dismissal was based on the finding that the petition was not timely filed. The WCAB adopted and incorporated the reasoning of the administrative law judge's report recommending dismissal. This order means the applicant's attempt to remove the case from the administrative process failed due to procedural timeliness.

Petition for RemovalTimely-filedAdministrative Law JudgeWorkers' Compensation Appeals BoardDismissedStaplesAce American Insurance CompanyESISADJ8583938ADJ8584068

References

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ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION

TERESA MALDONADO vs. SUNRISE SENIOR LIVING, SEDGWICK CMS

MARIO GONZALEZ vs. WEST PICO FOODS, INC., and TOWER SELECT INSURANCE, administered by YORK INSURANCE SERVICES GROUP, INC.

DALIA PEREZ vs. STAPLES, ACE AMERICAN INSURANCE COMPANY, ESIS

Petition for RemovalTimely-filedAdministrative Law JudgeWorkers' Compensation Appeals BoardDismissedStaplesAce American Insurance CompanyESISADJ8583938ADJ8584068