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

Case No. ADJ246218 (ANA 0286638)
Regular
Jun 27, 2012

PAUL LIGAMMARI vs. LOS ANGELES COLLEGE OF CHIROPRACTIC, ACE AMERICAN INSURANCE

The applicant's petition, treated as a Petition for Disqualification, was denied as untimely or without merit. The Appeals Board is initiating removal of the matter to consider sanctions against the applicant for using insulting and disrespectful language that impugns the integrity of the WCAB and its judges. The applicant's prior admonishment for similar conduct underscores the Board's intent to enforce decorum.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for RemovalJudge LembergSanctionsLabor Code Section 5813Appeals Board Rule 10561Bad FaithFrivolous TacticsPrejudicial Language
References
Case No. ADJ3824996
Regular
Feb 06, 2015

OLIVIA AGUILAR vs. APPAREL VENTURES, INC., PACIFIC COMPENSATION INSURANCE COMPANY

This case concerns a defendant's petition for removal to reverse an order denying their petition for dismissal. The denial was based on the defendant's notice letter to the applicant not strictly adhering to the language required by WCAB Rule 10582. The Appeals Board adopted the WCJ's reasoning and denied the petition, finding the notice defective. One Commissioner dissented, arguing the minor language variation should not prevent dismissal, especially given the lack of applicant response.

Petition for RemovalWCAB Rule 10582DismissalNotice letterGood reasonAttorney timeAdministrative law judgeDissenting opinionWorkers' Compensation Appeals BoardVariance
References
Case No. ADJ7745775
Regular
Jun 16, 2015

ENRIQUE CASTANEDA vs. MONTEREY MUSHROOMS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For SUPERIOR NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) affirmed the February 4, 2014 Findings of Fact and awarded further medical treatment for applicant Enrique Castaneda against Monterey Mushrooms, Inc. The WCAB also imposed sanctions of $500.00 against defense counsel Peter R. Nelson and his firm, jointly and severally, for intemperate language used during advocacy. Defense counsel's objection and apology were considered, leading to a reduced sanction amount. The sanctions were justified by the board's need to address the counsel's inappropriate language, which diverted resources.

Workers' Compensation Appeals BoardReconsiderationSanctionsIntemperate languageHeat of advocacyDefense counselPetition for ReconsiderationFindings of FactFurther medical treatmentAward
References
Case No. ADJ7267487, ADJ8958351
Regular
Mar 28, 2017

DARRYL JENKINS vs. CITY OF LONG BEACH

The Workers' Compensation Appeals Board (WCAB) denied the defendant City of Long Beach's Petition for Removal. The WCAB found that the defendant failed to demonstrate substantial prejudice or irreparable harm justifying this extraordinary remedy. Furthermore, the WCAB concluded that reconsideration would be an adequate remedy should an adverse decision be issued later. The Board also admonished the defendant's attorneys for using inappropriate language in their filing and warned of potential sanctions for future violations.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationWCJ ReportSanctionable ConductOffensive LanguageLabor Code Section 5813Appeals Board
References
Case No. LAO 0805956, LAO 0775121, LAO 0786377
Regular
Feb 04, 2008

ROY T. TORRES vs. CITY OF LOS ANGELES

The applicant sought to disqualify the Workers' Compensation Judge (WCJ) due to alleged prejudicial statements made at a hearing concerning his attorney's request to be relieved. The WCJ denied having any bias or forming an unqualified opinion on the merits of the attorney's petition, explaining his comments were based on the attorney's usual practice. The Workers' Compensation Appeals Board (WCAB) found no reason to doubt the WCJ's statements and denied the disqualification petition, remanding the case for further proceedings.

Petition for DisqualificationLabor Code Section 5311WCAB Rule 10452WCJ RecusalPrejudicial StatementsPetition to Be Relieved of CounselIndustrial InjuriesManagement AnalystWorkers' Compensation Appeals BoardCode of Civil Procedure Section 641
References
Case No. ADJ8477952
Regular
Jan 15, 2013

ADAN CASTANEDA, JOAQUINA CASTANEDA vs. CITY OF ROSEMEAD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied reconsideration of a decision awarding death benefits. The Board found that the Workers' Compensation Judge (WCJ) adequately considered all evidence, and the defendant's accusations of partiality were unfounded. The Board affirmed the WCJ's reliance on specific physician reports and the applicant's widow's testimony, which established a causal link between the applicant's industrial injuries and his death. The Board also recommended sanctions against defense counsel for using unprofessional and intemperate language.

Workers' Compensation Appeals BoardAdan CastanedaJoaquina CastanedaCity of RosemeadState Compensation Insurance FundADJ8477952Order Denying Reconsiderationsubstantial evidenceWCJReport and Recommendation on Petition for Reconsideration
References
Case No. ADJ9391781 ADJ9392135 ADJ9391782
Regular
Oct 14, 2018

DAWN WORTH vs. DEPARTMENT OF STATE HOSPITALS COALINGA, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the defendant's Petition for Reconsideration to address potential sanctions. The defendant contended the WCJ erred by barring defense witnesses as a discovery sanction and violating due process. The Board issued a Notice of Intention to Impose Sanctions of $500 against the defendant and its attorney, Ben McGriff, due to alleged bad-faith actions and disrespectful language toward the WCJ in the Petition. The Board is seeking objections to the sanctions before making a final decision on the merits of the petition.

WCABPetition for ReconsiderationStatute of LimitationsDiscovery SanctionDue ProcessLabor Code § 5813WCAB Rule 10561Bad Faith ActionsFrivolous TacticsUnnecessary Delay
References
Case No. ADJ8521155
Regular
Sep 02, 2014

VICENTE AGUILAR vs. U-TURN SEVEN CORPORATION, EMPLOYERS COMPENSATION INSURANCE COMPANY, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration and denied the petitions for reconsideration filed by Employers Compensation Insurance Company and Star Insurance Company. The WCAB adopted the WCJ's report, finding Star's petition contained inflammatory and intemperate language that impugned the integrity of the WCJ and the Board. Consequently, the WCAB granted removal on its own motion and issued a notice of intent to sanction Star and its attorney for approximately $1,500 due to these statements.

Workers' Compensation Appeals BoardVicente AguilarU-Turn Seven CorporationEmployers Compensation Insurance CompanyStar Insurance CompanyFindings and Awardcumulative injurybilateral handswristsarms
References
Case No. ADJ5690219
Regular
Jul 31, 2015

TOM PALLADINO vs. ORANGE COUNTY TRANSPORTATION AUTHORITY, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a prior award and issued a notice of intention to impose sanctions on applicant's attorney. This action stems from alleged false, misleading, and unsubstantiated allegations made by the attorney in the applicant's Answer to the Petition for Reconsideration. The Board found no evidence to support the claims of intentional delay by the defendant and determined the attorney's statements to be without merit and potentially prejudicial. The attorney and his firm face a $750 sanction unless good cause is shown why it should not be imposed.

WCABPetition for ReconsiderationFindings and AwardQualified Medical EvaluatorPermanent DisabilityApportionmentSanctionsLabor Code Section 5813WCAB Rule 10561Attorney Misconduct
References
Case No. ADJ861951 (SBR 0325578)
Regular
Sep 26, 2017

MICHELE DOERKSEN vs. VICTOR VALLEY FEDERAL CREDIT UNION, ZENITH INSURANCE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, adopting the reasoning of the WCJ. Additionally, the Board admonished applicant's attorney, S. Roger Kampf, for using offensive, inappropriate, and disrespectful language in the petition, specifically accusations that the judge wrote her opinion as a defense attorney rather than an impartial judge. Mr. Kampf was also admonished for filing a pleading containing false or misleading statements of fact. Failure to comply with Board rules in the future may result in sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeLabor Code § 5813Sanctionable ConductOffensive LanguageMisrepresentation of FactDefenses Attorney AllegationSlanted AnalysisMedical Expert Review
References
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