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

Case No. ADJ4237598 (LAO 0866879)

Regular

Apr 17, 2012

CHRIS JOHN MUNOZ vs. INFINITY METALS, INC., STATE COMPENSATION INSURANCE FUND

The applicant's attorneys, Perona Langer, sought reconsideration of the WCJ's fee allocation between them and prior counsel. Perona Langer argued the WCJ failed to consider time and results obtained when awarding them $820.00 in attorneys' fees. However, the Board dismissed the petition because Perona Langer failed to properly serve their petition on all adverse parties, specifically Warren S. Seider. Consequently, the petition was dismissed without addressing the merits of the fee dispute.

WCABADJ4237598ADJ2618117Perona LangerInfinity MetalsState Compensation Insurance FundPetition for ReconsiderationFindings and OrderWCJattorneys' fees

References

Case No. ADJ4237598 (LAO 0866879), ADJ2618117 (VNO 0540849)

Regular

Jul 19, 2012

CHRIS JOHN MUNOZ vs. INFINITY METALS, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Perona Langer's petition for reconsideration because it was a successive petition following a prior dismissal, and it was also untimely filed. The Board noted that Perona Langer failed to serve its initial petition on all adverse parties, leading to the first dismissal. Furthermore, even if the petition were timely and not successive, the Board found Perona Langer's argument for a larger fee share unpersuasive, as the WCJ had reasonably allocated fees based on the results and effort of each prior counsel. The Board affirmed that a party cannot file a second petition for reconsideration after an adverse ruling; they must seek a writ of review in the Court of Appeal.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalAttorneys' FeesLabor Code Section 4906(d)Proof of ServiceAdverse PartiesTimelinessWrit of ReviewSuccessive Petition

References

Case No. ADJ3634893

Regular

Mar 09, 2008

CHANNEL GREEN vs. TIME WARNER CABLE, ACE/USA c/o ESIS, INC.

Here's a summary for a lawyer: This Workers' Compensation Appeals Board order dismisses a petition for removal filed by the applicant. The dismissal is based on the pending settlement of the case. No further action will be taken on the petition, and the file will be returned for submission of the settlement to the Workers' Compensation Administrative Law Judge.

Petition for RemovalSettlement PendingWorkers' Compensation Appeals BoardDismissalWCJDistrict OfficeTime Warner CableACE/USAESISInc.

References

Case No. ADJ6641822

Regular

Aug 30, 2018

ROBERT PELAYO vs. QUALITY CARRIER, INC., STATE COMPENSATION INSURANCE FUND CMS MONTEREY PARK

The Workers' Compensation Appeals Board granted reconsideration of a prior decision in the case of Robert Pelayo v. Quality Carrier, Inc. Subsequently, the parties reached a settlement. The Board rescinded its original decision and returned the matter to the trial level for the Workers' Compensation Administrative Law Judge to review the settlement. If the settlement is not approved, the original decision can be reinstated.

ADJ6641822Pelayo v. Quality CarrierInc.Workers' Compensation Appeals BoardReconsideration grantedSettlement reviewTrial level returnRescinded decisionAdministrative Law JudgeFindings of Fact

References

Case No. ADJ9344182, ADJ9344101

Regular

Jul 29, 2019

ROSA COREAS vs. LANGER JUICE COMPANY, INC., SEABRIGHT INSURANCE COMPANY, ENSTAR (US), INC.

This case involved applicant Rosa Coreas's claim for workers' compensation benefits for injuries sustained while employed by Langer Juice Company. The core dispute concerned whether the defendant acted in bad faith by refusing to agree to an Agreed Medical Evaluator (AME) or a joint request for additional Qualified Medical Evaluator (QME) panels for psychiatric and neurological evaluations. The Workers' Compensation Appeals Board affirmed the initial decision, finding that the defendant's refusal did not constitute bad faith or frivolous tactics under Labor Code Section 5813. The Board noted that both parties could have handled the situation better and that the case was distinguishable from prior precedent requiring such agreements. Ultimately, the Board determined there was no good cause to overturn the administrative law judge's decision denying sanctions.

Workers' Compensation Appeals BoardJoint Findings and OrderAgreed Medical ExaminersQualified Medical EvaluatorsPetition for ReconsiderationSanctionsBad Faith ActionsLabor Code Section 5813Administrative Director Rule 31.7Medical-Legal Report

References

Case No. ADJ3336080 (LBO 0394262)

Regular

Feb 18, 2011

JAMES HERNANDEZ vs. SUPERIOR ANHAUSHER FOODS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a sanctions order against the law firm Perona, Langer, Beck, Serbin & Mendoza. The firm had filed a Declaration of Readiness to Proceed to obtain payment of attorney's fees for a deposition, as their prior petition for fees had not been acted upon. The Board found that the firm did not willfully engage in bad faith tactics or frivolous actions. Therefore, imposing sanctions under Labor Code section 5813 was not appropriate.

Workers' Compensation Appeals BoardSanctionsDeclaration of Readiness to Proceed (DOR)Attorney's FeesLabor Code Section 5813Mandatory Settlement Conference (MSC)Deposition Attorney's FeesEAMS e-filerWillful Bad FaithExcusable Neglect

References

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CHRIS JOHN MUNOZ vs. INFINITY METALS, INC., STATE COMPENSATION INSURANCE FUND

WCABADJ4237598ADJ2618117Perona LangerInfinity MetalsState Compensation Insurance FundPetition for ReconsiderationFindings and OrderWCJattorneys' fees

CHRIS JOHN MUNOZ vs. INFINITY METALS, INC., STATE COMPENSATION INSURANCE FUND

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalAttorneys' FeesLabor Code Section 4906(d)Proof of ServiceAdverse PartiesTimelinessWrit of ReviewSuccessive Petition

CHANNEL GREEN vs. TIME WARNER CABLE, ACE/USA c/o ESIS, INC.

Petition for RemovalSettlement PendingWorkers' Compensation Appeals BoardDismissalWCJDistrict OfficeTime Warner CableACE/USAESISInc.

ROBERT PELAYO vs. QUALITY CARRIER, INC., STATE COMPENSATION INSURANCE FUND CMS MONTEREY PARK

ADJ6641822Pelayo v. Quality CarrierInc.Workers' Compensation Appeals BoardReconsideration grantedSettlement reviewTrial level returnRescinded decisionAdministrative Law JudgeFindings of Fact

ROSA COREAS vs. LANGER JUICE COMPANY, INC., SEABRIGHT INSURANCE COMPANY, ENSTAR (US), INC.

JAMES HERNANDEZ vs. SUPERIOR ANHAUSHER FOODS