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

Case No. ADJ620397 (RIV 0056438)
Regular
Jan 24, 2012

IGNACIO FLORES vs. FLEETWOOD ENTERPRISES, INC.

The Workers' Compensation Appeals Board (WCAB) imposed a $\$500$ sanction against Andrew Flores and Tustin Hospital and Medical Center, jointly and severally. This sanction was due to their filing of a frivolous petition with improper legal citations. Furthermore, they repeatedly failed to appear at scheduled hearings for the case. Neither party responded to the WCAB's notice of intention to issue sanctions. Consequently, the sanctions are ordered for their bad faith actions and tactics.

Workers' Compensation Appeals BoardRemovalSanctionsLab. Code § 5813Frivolous PetitionImproper CitationsFailure to AppearBad Faith ActionsLien ClaimantTustin Hospital and Medical Center
References
0
Case No. ADJ7805840 ADJ7543597
Regular
Jun 16, 2016

DIANA MUNIZ vs. EDWARD CHEN, M.D., THE HARTFORD INSURANCE COMPANY OF THE MIDWEST

The Workers' Compensation Appeals Board (WCAB) is imposing a $1,000 sanction against lien claimant Jalil Rashti, M.D., his representative Willard Sexton, and MJR Management Services. These parties are being sanctioned for filing a petition for reconsideration containing false, misleading, or baseless statements and for failing to follow the Board's explicit instructions on how to file objections. Their attempt to object was deemed invalid because it was misfiled and lacked specific factual basis to counter the Board's intention to sanction them. Ultimately, their repeated arguments and failure to grasp legal requirements demonstrated bad faith tactics.

Workers' Compensation Appeals BoardRemovalSanctionsLabor Code Section 5813WCAB Rule 10561Lien ClaimantLien RepresentativeMJR Management ServicesFalse StatementsMisleading Statements
References
0
Case No. ADJ2516724 (VNO 0483078) ADJ3217913 (VNO 0454703) ADJ2235819 (VNO 0454704) ADJ2582994 (VNO 0483080)
Regular
Jan 09, 2012

Noel Lopez vs. Bolthouse Farms, Argonaut Insurance Company, Sedgwick, Mid Century Insurance

Applicant Noel Lopez's petitions for reconsideration repeatedly violated Appeals Board rules regarding page limits, formatting, and the proper submission of evidence. Despite explicit instructions to correct these deficiencies, the applicant's attorney filed a second petition with similar non-compliance. Consequently, the Appeals Board issued a Notice of Intention to impose sanctions of $1000.00 against the attorney and his law firm for frivolous and delay-seeking conduct. The Board is allowing 15 days for written objection demonstrating good cause to avoid sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAppeals Board RulesPage Limit ViolationImproper AttachmentsLack of Specific CitationsBad Faith ActionsFrivolous TacticsUnnecessary Delay
References
3
Case No. FRE 0212901
Regular
Jul 23, 2008

JANETTA SCONIERS vs. COLEMAN & HOROWITT, LLP, AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, BROADSPIRE

The applicant, Janetta Sconiers, has been declared a vexatious litigant and ordered to pay a $1,000 sanction. This decision stems from her repeated filing of frivolous and duplicative petitions to disqualify the judge and set aside prior orders, despite previous admonitions and sanctions. Consequently, her future filings will require approval from the presiding Workers' Compensation Administrative Law Judge.

Vexatious LitigantPropria PersonaWCJ DisqualificationFrivolous PleadingsBad Faith ConductSanctionsDuplicative FilingsAffirmative ReliefWorkers' Compensation Appeals BoardLabor Code Section 5813
References
3
Case No. ADJ4517161 (OXN 0141672) ADJ3871851 (OXN 0141670)
Regular
Jun 13, 2011

CANDICE CHAVEZ vs. COUNTY OF VENTURA

The Workers' Compensation Appeals Board imposed a $2,500 sanction against Dan Escamilla and Legal Service Bureau for filing a frivolous petition for reconsideration. The petition contained materially false statements, including mischaracterizing evidence and making legally unsupported arguments regarding psychiatric injury compensability. Despite Escamilla's attempts to excuse these actions, the Board found them objectively unreasonable and a repeated disregard for practice rules, noting his history of sanctions.

SanctionFrivolous PetitionMaterially False StatementsLegal Service BureauDan EscamillaPORAC Lien ClaimDr. WarickLabor Code 3208.3(b)(1)Psychiatric InjuryPredominant Cause
References
0
Case No. ADJ7805840, ADJ7543597
Regular
May 12, 2016

Diana Muniz vs. Edward Chen, M.D., The Hartford Insurance Company of the Midwest

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by lien claimant Jalil Rashti, M.D., and its representatives, deeming it a successive petition. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions of up to $1,000 against the lien claimant and its representatives. This action stems from their repeated filing of petitions containing inconsistent and allegedly false factual assertions, including claims of non-service and erroneous appearance at a lien conference. The Board found these actions potentially constituted bad faith tactics and frivolous litigation, warranting sanctions under Labor Code section 5813.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ConferenceFailure to AppearGood CauseSanctionsLabor Code Section 5813WCAB Rule 10561Successive Petition
References
13
Case No. ADJ332528 (AHM 0104042)
Regular
Mar 22, 2011

ERNEST DANIELS vs. PIEDMONT ENGINEERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board imposed a $250.00 sanction against the State Compensation Insurance Fund and its attorney, Maria Frias Callejas. This sanction was issued due to their failure to respond to a Notice of Intention to Impose Sanctions and their violation of the Board's Rules of Practice and Procedure. No timely objection demonstrating good cause was filed. Consequently, they are jointly and severally liable for the payment of the sanction to the Appeals Board.

Workers' Compensation Appeals BoardSanctionsState Compensation Insurance FundMaria Frias CallejasRules of Practice and ProcedureNotice of IntentionGood CauseTimely ResponseJoint and Several LiabilityAttorney for Defendant
References
0
Case No. ADJ6620175
Regular
Oct 10, 2013

CAMELLA MORA GONZALEZ vs. KAY'S CLEANERS

The Workers' Compensation Appeals Board is imposing sanctions under Labor Code § 5813 against Innovative Medical Management and lien claimant Priority Care Medical Transportation for $1,000.00, jointly and severally. Additionally, sanctions of $250.00 are imposed against Louis Heard, the lien claimant's hearing representative. These sanctions were ordered due to a failure to object to a previously issued notice of intention, following the Board's affirmation of the dismissal of the lien claim. The sanctioned parties did not provide any written objection demonstrating good cause to avoid the sanctions.

Labor Code § 5813SanctionsPetition for ReconsiderationLien ClaimDismissalPriority Care Medical TransportationInnovative Medical ManagementLouis HeardWorkers' Compensation Appeals BoardHearing Representative
References
0
Case No. ADJ962796 (ANA 0403408)
Regular
Aug 26, 2015

JAMES RODNEY RICHARD vs. HOUSTON ASTROS

Attorneys for both the applicant and defendant were sanctioned $50.00 each for failing to follow the Board's explicit instructions. The attorneys improperly filed a stipulation for appellate attorney's fees with a district office instead of the Office of Commissioners. This oversight led to an inaccurate award and necessitated further Board action. While acknowledging the attorneys' apologies and assurances of future compliance, the Board imposed the minimal sanction due to the clear disregard of its directives.

Workers' Compensation Appeals BoardSanctionsAppellate Attorney's FeesStipulationNotice of IntentionDistrict OfficeOffice of CommissionersLabor Code Section 5813WCAB Rule 10561Amended Award
References
0
Case No. ADJ7199989, ADJ7118722
Regular
Feb 13, 2012

JUAN CERVANTES vs. WESTERN MEDICAL CENTER, HARTFORD

The Workers' Compensation Appeals Board (WCAB) sanctioned applicant's attorney, Sunil Shaw, for $\$250.00$. This sanction was imposed for violating Appeals Board Rule 10842, related to proceedings before the Board. The WCAB granted removal on its own motion and issued a notice of intention to sanction, to which no objection was received. The sanction amount has been paid.

Workers' Compensation Appeals BoardRemovalSanctionLabor Code Section 5310Appeals Board Rule 10842Notice of Intention to SanctionApplicant's AttorneyShow Good CauseDecision After RemovalWestern Medical Center
References
0
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