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Case Law Database

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

Case No. ADJ174481 (SAL 0095964)
Regular
Nov 19, 2008

LAURA WILLIAMS-WELTY vs. TILE WEST, STATE COMPENSATION INSURANCE FUND

The Appeals Board denied the applicant's petition for reconsideration regarding the 27% permanent disability finding, upholding the WCJ's reliance on the Agreed Medical Evaluator's report. However, the Board granted the applicant's attorney's petition to correct a clerical error regarding his fee. The WCJ's award of $2,750 was amended to reflect a 15% attorney's fee, acknowledging the attorney's extensive work and successful outcomes for the applicant over several years.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardIndustrial InjuryPermanent DisabilityApportionmentAgreed Medical EvaluatorSubstantial EvidenceAttorney's FeePetition to Correct Clerical Error
References
2
Case No. ADJ1595121 (ANA 0369848) ADJ3409041 (ANA 0368368)
Regular
Jul 09, 2018

Victoriano Valadez, Marcos Arellano vs. Progressive Business Corporation, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Removal as untimely filed. The petition sought to overturn an order relieving the applicant's attorney, which occurred over eight months prior to the filing. While the Board would have denied the petition on its merits had it been timely, it emphasized that the WCJ's prior order relieving counsel was not a final determination of substantive rights. The WCAB also clarified that claims of attorney misconduct and requests for case files must be raised before the WCJ.

WCABPetition for RemovalOrder Relieving Attorney of RecordPetition for ReconsiderationUntimely FilingIncarcerated ApplicantGraiwer & KaplanLLPWithdrawal of CounselProcedural Order
References
5
Case No. ADJ8067615
Regular
Apr 15, 2015

Latonia Bowman vs. SARA LEE CORPORATION, ACE AMERICAN INSURANCE COMPANY

This case involves an attorney's request to be relieved due to irreconcilable differences with his client. The applicant had accused the attorney of misconduct and collusion with the insurance company. Although the applicant later expressed remorse and a desire to be a better client, the Appeals Board found the attorney-client relationship had irrevocably deteriorated. Consequently, the Board granted the attorney's petition and relieved his firm as counsel for the applicant.

Petition for RemovalDismissal of AttorneyIrreconcilable DifferencesAttorney-Client PrivilegeMisconductFraudCollusionBreakdown of RelationshipWorkers' Compensation Appeals BoardWCJ
References
0
Case No. ADJ9016568
Regular
Feb 23, 2016

JAVIER SOTO CONTRERAS, AMANDA ARANA vs. A.C. CUSTOM CATERING, INC., STATE COMPENSATION INSURANCE FUND, JAVIER SOTO CONTRERAS, ALLMERICA FINANCIAL BENEFIT INSURANCE, THE HANOVER INSURANCE GROUP

This case concerns a petition by SCIF (on behalf of A.C. Custom Catering) seeking removal and disqualification of both the applicant's attorney and the Workers' Compensation Judge (WCJ). The petition argued the applicant's attorney had a conflict of interest representing two claimants and that the WCJ was biased. The Appeals Board dismissed the petition regarding the attorney's disqualification as untimely. Regarding the WCJ, the Board denied disqualification because the petition lacked specific factual allegations of bias and was also untimely.

Petition for RemovalPetition for DisqualificationWCJSCIFA.C. Custom Cateringjoint representationconflict of interestwaiveruntimelyjudicial bias
References
3
Case No. ADJ9829793
Regular
Feb 28, 2020

JOHN SILVA vs. ARS INVESTMENT HOLDINGS, LIBERTY MUTUAL INSURANCE COMPANY

This case involves multiple petitions for reconsideration following an administrative law judge's decision on applicant John Silva's workers' compensation claim. The applicant's petition was dismissed as untimely filed. The defendant's petition was denied on its merits. The lien claimant, representing the applicant's former attorneys, had its petition granted to defer the issue of attorney's fees and related liens. The original decision was otherwise affirmed.

WCABPetition for ReconsiderationPetition for ReconsiderationUntimely FilingTollingLabor CodeShipleyDue ProcessLien ClaimantAttorney's Fees
References
5
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. ADJ10040520
Regular
Oct 01, 2019

VICTOR DAVILA vs. SYSCO FOODS, ZURICH AMERICAN INSURANCE, CORVEL CORPORATION

The WCAB granted removal, rescinded the WCJ's order, and returned the case for further proceedings concerning attorney Mark Leeds' petition to be relieved as applicant's counsel. Leeds argued ineffective communication with the applicant necessitated his withdrawal, while the WCJ initially denied the petition, citing insufficient detail regarding the breakdown of communication. The Board found that due to attorney-client privilege, Leeds was appropriately limited in his explanation and outlined procedures for the WCJ to address the petition.

Petition for RemovalPetition to Be Relieved as AttorneyWCAB Rule 10774Code of Civil Procedure Section 284Serious and Willful MisconductBreakdown in CommunicationIn Camera DiscussionState Bar Rule 1.6Duty of ConfidentialityAttorney Withdrawal
References
0
Case No. ADJ9877506
Regular
Oct 30, 2017

MICHAEL WALLACE (Dec'd), ANGELA JOHNSON WALLACE (Wife) vs. LONG BEACH UNIFIED SCHOOL DISTRICT

The Appeals Board granted the applicant's Petition for Reconsideration, reversing the dismissal of a death benefit claim. This action was taken to issue a notice of intent to impose sanctions and attorney's fees against the applicant's attorneys for alleged bad faith actions. The Board found their petition lacked specificity and cited multiple violations of procedural rules and potential misconduct regarding discovery. A hearing will be held to determine if sanctions are warranted against the named attorneys and their firm.

Petition for ReconsiderationFindings and OrderWCJDeclaration of Readiness to ProceedPetition to Dismissbad faith actionsfrivolous litigationattorney sanctionsLabor Code section 5813WCAB Rule 10561
References
1
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. ADJ9681671
Regular
Jul 01, 2016

LAWRENCE O'DONNELL vs. TEN WEST TOWING-PTO, SERVICES/STRUCTURE AND CLAIMS RESERVE MANAGEMENT

This case concerns a Petition for Reconsideration filed by an attorney challenging the dismissal of his untimely Petition for Removal. The Appeals Board granted removal to correct a clerical error in their prior decision regarding the date of the WCJ's order. The Board dismissed the current Petition for Reconsideration as successive and because the underlying WCJ's order denying the attorney's request to be relieved was not a final, appealable order.

PETITION FOR REMOVALPETITION FOR RECONSIDERATIONCLERICAL ERRORMANDATORY SETTLEMENT CONFERENCERELIEVED AS ATTORNEY OF RECORDNON-FINAL ORDERLABOR CODE SECTION 5310SUCCESSIVE PETITIONSUBSTANTIVE RIGHT OR LIABILITYINTERLOCUTORY PROCEDURAL DECISIONS
References
10
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