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

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The Workers' Compensation Appeals Board granted reconsideration and rescinded an earlier order allowing attorney fees.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. ADJ7703859
Regular
Aug 01, 2016

ELAINE CONNOR vs. SIERRA COUNCIL ON ALCOHOL AND DRUG DEPENDENCE, CARE WEST INSURANCE COMPANY

The applicant sought reconsideration of a WCJ's order that found no Labor Code section 132a discrimination. The applicant's petition primarily focused on a potential attorney's fee award for a deposition under Labor Code section 5710, which the original order did not address. The WCJ's report recommended granting reconsideration to award the requested attorney's fees, acknowledging the omission was inadvertent. The Appeals Board granted the applicant's petition, amending the order to include the $1,557.50 attorney's fee award, and otherwise affirmed the original findings. The Board also dismissed the defendant's improper supplemental petition and denied their petition for sanctions against applicant's counsel.

Workers' Compensation Appeals BoardPetition for ReconsiderationLabor Code 132aLabor Code 5710WCJAttorney's FeesDeposition FeesPetition for SanctionsWCAB Rule 10848Supplemental Filing
References
1
Case No. ADJ8206944
Regular
Dec 31, 2013

KEVIN IXCOY COGUOX vs. AROMA BAKERY AND CAFÉ, FARMERS INSURANCE COMPANY

This case involves a petition for removal and reconsideration of an order imposing sanctions on a lien claimant for failing to pay a lien activation fee. The Appeals Board dismissed the petition for removal as it was not the proper procedural remedy. However, construing the petition as a request for reconsideration, the Board granted it. Due to uncertainty regarding a federal court's preliminary injunction enjoining enforcement of the lien activation fee provisions, the Board rescinded the sanctions order. The matter was returned to the trial level for further proceedings, pending a final federal court determination on the fee's enforceability.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationOrder to Pay SanctionsLien Activation FeeLabor Code section 4903.06Labor Code section 5813Landmark Medical ManagementHealthcare Finance Managementpreliminary injunction
References
1
Case No. ADJ1030732 (OXN 0137440) ADJ503798 (OXN 0137441) ADJ3788329 (OXN 0137713)
Regular
Jul 07, 2008

TERESITA C. DOMINGO vs. HONEYWELL, INC., ZURICH NORTH AMERICA, FINLAY FINE JEWELRY CO., CHUBB GROUP OF INSURANCE COMPANIES

This case involves applicant's counsel, Olive Richards, seeking attorney fees. The WCJ initially denied her petition for fees due to a lack of specific legal actions and a Bill of Particulars. While counsel has now filed a Bill of Particulars, the Board dismissed her Petition for Reconsideration as it was not taken from a final order. The Petition for Removal was also denied, as counsel failed to demonstrate substantial prejudice or irreparable harm, allowing the matter to return to the trial level for a ruling on fees.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalAttorney FeesBill of ParticularsFinal OrderInterlocutory DecisionSubstantive RightWCJ Report and RecommendationApplicant Counsel
References
10
Case No. ADJ2919852
Regular
Oct 07, 2015

LEILANI MENDOZA KAY vs. CITY OF LOS ANGELES, CITY OF LOS ANGELES

This Workers' Compensation Appeals Board case involves a defendant challenging an attorney's fee award. The defendant sought removal of the Findings and Award, arguing the fees were unreasonable and would cause irreparable harm. The Board dismissed the removal petition, deeming it an inappropriate remedy. The Board then treated the filing as a Petition for Reconsideration and denied it, adopting the WCJ's report that found the fees reasonable.

Petition for RemovalPetition for ReconsiderationFindings and AwardWorkers' Compensation Appeals BoardWCJattorney's feesex-parte communicationpanel QMEsubstantial prejudiceirreparable harm
References
0
Case No. ADJ6478466
Regular
Jan 14, 2013

CLIFFORD MIMS vs. SAN FRANCISCO BAY AREA TRANSIT DISTRICT

Applicant's attorney sought reconsideration and removal of a Findings and Award, arguing the judge erred by ordering reimbursement of excess attorney fees due to a reduction in the disability award. The Appeals Board dismissed the Petition for Reconsideration because no final order regarding attorney fees had been issued. The Petition for Removal was denied as the attorney failed to demonstrate significant prejudice or irreparable harm. The Board noted the attorney would have an opportunity to seek reconsideration if a final order on fees is later issued.

ReconsiderationRemovalPetitionFindings and AwardAttorney FeesWCJDeferred IssuesFinal OrderAggrieved PartySubstantial Prejudice
References
5
Case No. ADJ9058932
Regular
Jul 28, 2014

DIANA OCHOA vs. COUNTY OF LOS ANGELES, DEPARTMENT OF PUBLIC SOCIAL SERVICES, SEDGWICK CMS

The Appeals Board dismissed the defendant's Petition for Removal, finding it was an improper remedy for contesting a final order to pay a deposition fee. Treating the petition as one for reconsideration of the WCJ's order to pay $1,300 in deposition fees, the Board also dismissed it as untimely filed. The defendant's objection was overruled via WCJ correspondence on April 22, 2014, making the petition for reconsideration due by May 19, 2014, but it was filed on May 27, 2014. The Board would have denied reconsideration on the merits due to the WCJ's reasoning, had it been timely.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationLabor Code section 5710Deposition FeeWCJDue ProcessFinal OrderTimely FiledEvidentiary Hearing
References
4
Case No. ADJ7106368; ADJ7211996
Regular
Apr 19, 2013

ISRAEL GUDINO vs. CHI-CHI'S PIZZA INC., INSURANCE CO OF THE WEST

The Workers' Compensation Appeals Board dismissed a lien claimant's petition for reconsideration as untimely. The claimant failed to pay the lien activation fee before the scheduled lien conference and filed their petition 26 days after the WCJ's decision, exceeding the 25-day deadline. The Board also intends to impose $272.00 in attorney's fees against the lien claimant, hearing representative, and associated services for frivolous and bad-faith tactics.

Lien activation feePetition for reconsiderationTimelinessLabor Code section 5813Attorney feesDismissalRemovalWCJEAMSHearing representative
References
5
Case No. ADJ6579714
Regular
Jun 01, 2009

LYA CARLISLE vs. LOMA LINDA UNIVERSITY HEALTH CARE

The Workers' Compensation Appeals Board dismissed the defendant's petition for removal, finding reconsideration to be the proper remedy. The Board granted reconsideration, construing the defendant's petition as such, and rescinded the prior order awarding attorney fees. The matter is returned to the trial level for further proceedings on the reasonableness of the attorney fee, as the judge did not receive the defendant's objection. The issue of venue is moot as it was corrected prior to the defendant's petition.

Petition for RemovalPetition for ReconsiderationOrder Re: 5710 FeeAttorney FeeWCJWorkers' Compensation Appeals BoardLabor Code section 5900VenueTrial LevelRescinded
References
0
Case No. ADJ8340798
Regular
Dec 31, 2013

KENNETH BERGQUIST vs. CONAM MANAGEMENT CORPORATION, ZURICH AMERICAN INSURANCE COMPANY

This case involves a petition for removal regarding sanctions imposed for failure to pay a lien activation fee. The Appeals Board dismissed the removal petition, stating reconsideration is the proper remedy. However, construing the petition as one for reconsideration, the Board granted it. The Board rescinded the sanctions order due to uncertainty regarding a federal court injunction on the lien activation fee provisions. The matter was returned to the WCJ for further proceedings.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationOrder to Pay SanctionsLien Activation FeeLabor Code Section 4903.06Labor Code Section 5813Angelotti Chiropractic v. BakerPreliminary InjunctionRescinded Order
References
1
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