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

Case No. ADJ2543755 (LAO 0831288)
Regular
Oct 26, 2015

HERIBERTO ARGUETA vs. MILLENNIUM MULTISPECIALTY MEDICAL GROUP, STATE FARM INSURANCE COMPANY

Pinnacle Lien Services' petition for reconsideration was granted because the Workers' Compensation Appeals Board (WCAB) lacked personal jurisdiction over Pinnacle when sanctions were imposed. The WCAB found that Pinnacle was never properly joined as a party nor given adequate notice of the proceedings leading to the sanctions. Despite this finding, the WCAB intends to impose a sanction on Pinnacle for failing to timely address the wrongly issued order, which wasted WCAB resources. Therefore, the prior order imposing sanctions on Pinnacle is rescinded, but Pinnacle faces potential new sanctions for its delay.

Pinnacle Lien ServicesPetition for ReconsiderationPetition to Set AsideLabor Code section 5804jurisdictionpersonal jurisdictiondue processNotice of Intent to SanctionJoint Findings and Ordersremoval
References
4
Case No. ADJ7730252
Regular
Jul 22, 2015

MARIA OLVERA vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The Workers' Compensation Appeals Board reconsidered sanctions imposed by a WCJ against applicant's attorney and representative for failing to disclose a cumulative trauma claim and proceeding to trial without a legal basis. The Board rescinded one sanction for failure to disclose, finding no legal mandate for immediate disclosure, and clarified which parties were sanctioned for proceeding to trial without basis, reducing the penalties. The Board affirmed the award of costs to the defendant for defending against these actions. One Commissioner dissented, believing the conduct was not sanctionable given the evidence presented by applicant's representatives.

WCABSanctionsCostsLabor Code 5813Rule 10561Hearing RepresentativeCumulative TraumaSpecific InjuryDue ProcessBill of Particulars
References
1
Case No. ADJ4317964 (LBO 0362360)
Regular
Aug 09, 2013

PEDRO BONILLA vs. JUAN GOMEZ dba TEAM WAREHOUSE PERSONNEL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a $\$750$ sanction imposed on lien claimant Tri City Regional Medical Center. The WCAB found that while the lien claimant filing a Declaration of Readiness to Proceed prematurely was an error, it was based on a reasonable belief that the case had settled. The Board rescinded the original $\$750$ sanction and imposed a reduced sanction of $\$250$ jointly and severally on the lien claimant, its representative Richard Fruge, and his firm due to a clerical error in the original order.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationOrder Imposing SanctionsDeclaration of Readiness to ProceedElectronic Adjudication Management SystemDue ProcessSupplemental PetitionWCAB Rule 10770.6Notice of Intention to Issue Sanctions
References
1
Case No. ADJ1839916 (LBO 0396758)
Regular
Apr 19, 2016

JORGE LOPEZ vs. FASHION AVENUE INC., dba INTERNATIONAL GRAPHICS; FIRST COMP OMAHA, MARKEL INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to Ramirez & Associates regarding sanctions imposed by an administrative law judge. While affirming the jurisdiction to sanction Ramirez & Associates, the Board reduced the awarded costs from $1,376.00 to $1,152.00 due to excessive attorney time billed for travel and appearance at a lien conference. The Board rescinded the original order and substituted it with a new one imposing $1,000.00 in sanctions and the reduced costs.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsNotice of Intention to Impose SanctionsGood CauseJurisdictionDue Process ViolationExcessive SanctionsAttorney FeesCosts
References
0
Case No. ADJ3113473
Regular
Sep 29, 2014

PAMELA JACKSON vs. WEST COAST SIGNS, GRANITE STATE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior sanctions order, and issued a new order imposing reduced sanctions of $500 against a lien claimant and its representative. The claimant's representative mistakenly believed the applicant's case was resolved based on an outdated EAMS entry, leading to the premature filing of a Declaration of Readiness and subsequent failure to appear at a lien conference. While acknowledging the filing and non-appearance errors, the Board reduced the sanctions from $1,500 to $500, citing the claimant's "honest mistake" in interpreting the EAMS record. The matter was returned to the trial level for further proceedings.

Declaration of ReadinessElectronic Adjudication Management Systemlien claimantSanctions OrderPetition for ReconsiderationWorkers' Compensation Appeals Boardcase in chiefStipulations with Request for AwardPetition to Reopenpermanent disability
References
0
Case No. ADJ8693165
Regular
Sep 03, 2013

JEREMY VALENCIA vs. AGI PUBLISHING, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing sanctions against the injured worker's attorney. This was due to improper service of the sanctions order and lack of sufficient notice, preventing the attorney from an adequate opportunity to be heard. The WCAB denied the petition for disqualification of the judge, finding no evidence of bias. The petition concerning the notice of intention to dismiss the case was dismissed as it was not a final order.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for ReconsiderationOrder Imposing SanctionsNotice of Intention to DismissWCJInjured WorkerCounselService of ProcessOfficial Address Record
References
5
Case No. ADJ6117605
Regular
Sep 13, 2011

ALFONSO ALCARAZ vs. HRONIS, INC., ZENITH INSURANCE COMPANY

Lien claimants Dr. Payman and Silver Orthopedic Center sought reconsideration of a WCJ's order disallowing their liens, alleging newly discovered evidence. Their petitions were dismissed as moot because the original order had been rescinded, and also found untimely and "skeletal" for failing to adequately state grounds or evidence. The Appeals Board is now removing the case for potential sanctions against the lien claimants due to the frivolous nature of their petitions. The Board intends to impose a $250 sanction on each claimant unless they demonstrate good cause to the contrary.

RemovalSanctionsReconsiderationLien ClaimantSkeletal PetitionUntimely PetitionMootNew EvidenceLabor Code Section 5813Appeals Board Rule 10561
References
29
Case No. ADJ8517891
Regular
Feb 04, 2013

SHELDON ASHMORE vs. TIGETEK ASSOCIATES

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order for sanctions and attorney fees against Tigetek Associates. The WCJ had imposed these sanctions due to Tigetek's failure to appear at multiple hearings. However, the Appeals Board found that Tigetek did not receive adequate notice of the hearings or the potential for sanctions from the Board itself. While acknowledging Tigetek's disregard for some notices from applicant's attorney, the Board ultimately rescinded the sanctions due to insufficient notice from the WCJ.

Workers' Compensation Appeals BoardReconsiderationSanctionsAttorney FeesUnreasonable DelayOrder to Show CauseExcusable NeglectNotice of HearingLabor Code Section 5813Electronic Adjudication Management System
References
0
Case No. ADJ6953801
Regular
Oct 29, 2015

EDGAR CANO vs. NORTHROP CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order sanctioning three individuals because there was no proof of proper service of the Notice of Intention to Impose Sanctions or the Order of Sanctions on them. The Board found that a fundamental requirement of due process, actual notice, was not met. Although the WCJ was aware two individuals were outside California, service attempts were insufficient. Therefore, the sanctions were rescinded due to the failure to establish jurisdiction through proper service.

Order of SanctionsPetition for ReconsiderationWorkers' Compensation Appeals BoardFailure to AppearProof of RepresentationLien ClaimantAccess MediquipWCJ Exceeded AuthorityLack of JurisdictionOut-of-State Residents
References
2
Case No. ADJ7603706
Regular
Sep 12, 2011

JOSENIA TAN vs. SEARS ROEBUCK & CO, ACE-USA

The Appeals Board granted reconsideration and rescinded a $350 sanctions order against Sears Roebuck & Co. The sanctions were imposed by the WCJ for failing to produce wage information and appearing at a hearing. While acknowledging the defendant's failures, the Board found insufficient evidence of willful bad-faith actions or tactics solely intended to cause delay. Therefore, the Board exercised its discretion to rescind the sanctions order, making the defendant's petition for removal moot.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationSanctions OrderRescindedCumulative TraumaIndustrial InjuryWristsElbowsCashier
References
0
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