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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. Misc. No. 254
Significant
Sep 21, 2011

vs. Daniel Escamilla

The Workers' Compensation Appeals Board issued a notice for a hearing to consider the suspension or removal of Daniel Escamilla's privilege to appear as a representative, citing a history of repeated sanctions for frivolous petitions, bad-faith tactics, and misrepresentations of fact in multiple cases.

Labor Code section 4907Suspension of privilegeRemoval of privilegeRepresentative privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctions
References
Case No. Misc. No. 257
En Banc
Feb 18, 2016

vs. JAVIER JIMENEZ

The Appeals Board suspended the privilege of Javier Jimenez to appear as a representative for 180 days due to his failure to respond to a Notice of Intention to Suspend, which was based on non-compliance with prior sanction orders.

WCABLabor Code section 4907Representative privilege suspensionNotice of IntentionSanction ordersEn banc decisionAdministrative law judgeCompliance180-day suspensionFurther hearing
References
Case No. Misc. No. 257
Significant

vs. Javier Jimenez

The Workers' Compensation Appeals Board issued a notice of intention to suspend Javier Jimenez's privilege to appear as a representative for 180 days, citing a pattern of bad-faith tactics, frivolous actions, and repeated failure to comply with sanction orders.

Labor Code section 4907Representative privilege suspensionWCAB en bancSanctionsBad-faith actionsFrivolous tacticsUnnecessary delayLien claimantsLabor Code section 5700 agentRepeated misconduct
References
Case No. Misc. No. 257
Significant

vs. Javier Jimenez, Respondent

The Workers' Compensation Appeals Board suspends the privilege of Javier Jimenez to appear as a party representative for 180 days, with the suspension continuing until he complies with prior sanction orders, following his failure to respond to a Notice of Intention.

WCABJavier JimenezRepresentative PrivilegeSuspensionLabor Code Section 4907En BancNotice Of IntentionSanction OrdersComplianceAdministrative Law Judges
References
Case No. Misc. No. 254
En Banc
Sep 21, 2011

vs. Daniel Escamilla

The Workers' Compensation Appeals Board issued a Notice of Hearing to consider suspending or removing Daniel Escamilla's privilege to appear as a representative, citing a history of sanctions for bad-faith actions, frivolous tactics, and causing unnecessary delays.

Labor Code Section 4907Privilege SuspensionRepresentative MisconductBad Faith ActionsFrivolous PleadingsMisrepresentations of FactAppeals Board RulesState Bar RulesWCJ SanctionsHearing Representative
References
Case No. Misc. No. 254
Significant
Sep 21, 2011

vs. Daniel Escamilla, Respondent

The Workers' Compensation Appeals Board issued a notice of hearing to consider suspending or removing Daniel Escamilla's privilege to appear as a representative due to a pattern of bad-faith actions, frivolous tactics, and misrepresentations of fact across multiple cases.

Labor Code section 4907Privilege suspensionRemoval of privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctionsHearing representative
References
Case No. Misc. No. 254
Significant
Feb 14, 2013

Workers' Compensation Appeals Board, State of California vs. Daniel Escamilla

The Workers' Compensation Appeals Board suspended the privilege of non-attorney representative Daniel Escamilla to appear before it for 90 days due to a persistent pattern of professional misconduct, including filing frivolous petitions and making material misrepresentations, which sanctions had failed to correct.

Labor Code Section 4907Nonattorney Hearing RepresentativePrivilege to AppearGood CauseSanctionsFrivolous ConductBad FaithMisrepresentation of FactsWCAB Rule 10561Continuing Violation Doctrine
References
Case No. ADJ4534638
Regular
May 03, 2018

HERLINDO LOERA vs. FOSTER FARMS

This case involves a Petition for Removal that the Workers' Compensation Appeals Board (WCAB) denied. The WCAB stated that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, and that reconsideration is typically an adequate remedy. Based on the administrative law judge's analysis, the WCAB found neither condition was met. The WCAB also clarified that only the Board, not an administrative law judge, has the authority to remove a representative's privilege to appear in proceedings.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationLabor Code section 4907privilege to appearrepresentativenonattorney representative
References
Case No. ADJ6573692
Regular
May 09, 2016

Gloria Mares vs. 99 Cents Only Stores, Broadspire

This Workers' Compensation Appeals Board case involved a petition for reconsideration filed by lien claimants. The petition was dismissed because the lien claimants' representative, Frank Ureno, failed to file a proper Notice of Representation with the Board. This procedural defect, the failure to comply with notice requirements for representation, was grounds for dismissal. The Board also noted that the petition would have been denied on its merits if not for the procedural issue.

Petition for ReconsiderationLien claimantsNotice of RepresentationHearing RepresentativeCalifornia Code of Regulations 10774.5DismissalWorkers' Compensation Appeals BoardWCJ ReportUn-numbered pagesOrder Dismissing Lien Balance
References
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