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

Case No. ADJ1925946 (VNO 0473346)
Regular
Feb 02, 2012

ELIZABETH GONIA vs. ROBIN, CARMACK & GONIA LLP, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board reversed an award for housekeeping services, finding the applicant failed to properly object to the utilization review denial for services requested after January 29, 2009. For services prior to that date, the Board found the applicant did not present sufficient medical evidence demonstrating the housekeeping was "medically necessary and reasonable" to treat her industrial injury. The applicant sustained multiple injuries in 1996, resulting in 100% permanent disability, and sought reimbursement for increased housekeeping due to her condition.

Workers' Compensation Appeals BoardElizabeth GoniaRobin Carmack & Gonia LLPState Compensation Insurance FundFindings and AwardReconsiderationPermanent DisabilityMedical TreatmentHousekeeping ServicesUtilization Review
References
Case No. ADJ7131007
Regular
Oct 18, 2010

PHILLIP SCHWARTZ (DEC'D.) vs. HALLIDAY MANAGEMENT, GAB ROBINS

The Workers' Compensation Appeals Board (WCAB) denied the Petition for Removal in the case of Phillip Schwartz (deceased) v. Halliday Management and GAB Robins. The WCAB adopted and incorporated the report of the workers' compensation administrative law judge (WCJ) as the basis for its decision. The order denying removal was filed on October 18, 2010.

Workers' Compensation Appeals BoardPetition for RemovalWorkers' Compensation Administrative Law JudgeADJ7131007Denying RemovalHalliday ManagementGab RobinsPhillip Schwartz (Dec'd)Order Denying RemovalDenial of Removal
References
Case No. ADJ8237465
Regular
Jun 07, 2013

FABIAN HERNANDEZ vs. RBI FRAMING, DYNAMIC CLAIMS SERVICES, INC.

This case involves sanctions against applicant's counsel for filing a petition for reconsideration without justification and attempting improper discovery after submission. The Board found that counsel's arguments were disingenuous and failed to show good cause for their actions. Consequently, applicant's counsel was ordered to pay a $1,500 sanction jointly and severally.

WCABReconsiderationSanctionsLabor Code § 5813Cal. Code Regs. tit. 8 § 10561Applicant's CounselLaw Offices of Robin JacobsInc.Robin JacobsEsq.
References
Case No. FRE 186612
Regular
Mar 26, 2008

, Jose Maravilla, vs. , JOSE AND FLORENCIA ALVERNAZ and CIGA, by CAMBRIDGE INTERGRATE SERVICES for FREMONT INSURANCE COMPANY, in liquidation; LIBERTY MUTUAL INSURANCE COMPANY; CALIFORNIA INDEMNITY INSURANCE COMPANY, adjusted by GAB ROBINS

This case involves Liberty Mutual/Golden Eagle Insurance Company's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision finding applicant sustained a cumulative trauma injury to both knees. The WCAB denied reconsideration, finding the Statute of Limitations defense was waived and that the *Benson* case regarding allocation of disability cause was not applicable as there was only one industrial injury. The WCAB adopted the WCJ's report in its entirety for its denial.

Workers' Compensation Appeals BoardJose MaravillaJose and Florencia AlvernaCIGAFremont Insurance CompanyLiberty Mutual Insurance CompanyCalifornia Indemnity Insurance CompanyGAB RobinsFRE 186612Opinion and Order Denying Petition for Reconsideration
References
Case No. ADJ2776588
Regular
May 29, 2009

ERIK WEDDELL vs. ROYAL ELECTRIC COMPANY, CALIFORNIA INDEMNITY INSURANCE, GAB ROBINS BURBANK

This Workers' Compensation Appeals Board order denies reconsideration of a prior decision. The Board adopted the reasoning of the Workers' Compensation Judge (WCJ) in denying the petition. The specific grounds for the original denial are not detailed in this order but are incorporated by reference from the WCJ's report.

WORKERS' COMPENSATION APPEALS BOARDROYAL ELECTRIC COMPANYCALIFORNIA INDEMNITY INSURANCEGAB ROBINS BURBANKPetition for Reconsiderationworkers' compensation administrative law judgeWCJdeny reconsiderationADJ2776588SAC 0269551
References
Case No. OXN 0128545 OXN 0132143
Regular
Mar 28, 2008

DONALD GEORGE vs. KAISER AIR CONDITIONING AND SHEET METAL, GAB ROBINS NORTH AMERICA

The Workers' Compensation Appeals Board denied Kaiser Air Conditioning's petition for reconsideration. The Board previously rescinded a dismissal of a lien claim, favoring a hearing on the merits despite the lien claimant's non-appearance and the defense's sympathetic arguments. The Board reiterated that the decision was limited to the specific facts of this case, allowing for separate proceedings against the lien claimant's counsel for their conduct.

Workers' Compensation Appeals BoardKaiser Air Conditioning and Sheet MetalGAB Robins North AmericaPetition for ReconsiderationDecision after ReconsiderationOrder Dismissing LienLien ClaimantFailure to AppearGood CauseCompromise and Release
References
Case No. FRE 0220936
Regular
Apr 20, 2007

MARTIN PORRAS vs. H & F FARMS, IGNACIO & DELFINA CUEVAS, CALIFORNIA INDEMNITY INSURANCE CO., GAB ROBINS NORTH AMERICA, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the prior decision, and returned the case to the trial level for further proceedings. This action means the original decision is vacated and the Workers' Compensation Judge (WCJ) will re-examine the matter. The WCAB's order does not constitute a final decision on the merits, and parties retain the right to seek reconsideration of any new decision by the WCJ.

Workers' Compensation Appeals BoardMartin PorrasH & F FarmsIgnacio CuevasDelfina CuevasCalifornia Indemnity Insurance Co.GAB Robins North AmericaInc.State Compensation Insurance FundFRE 0220936
References
Case No. ADJ8581601
Regular
Sep 24, 2014

MARTIN CERECER vs. HUXTABLES KITCHEN, INC., COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration filed by Huxtables Kitchen, Inc. and Compwest Insurance Company. The WCAB adopted the reasoning of the workers' compensation administrative law judge's (WCJ) report. Additionally, the WCAB noted that the petitioners' representative, the Law Office of Robin Jacobs, had a pattern of failing to appear at lien hearings, which would not be tolerated.

ADJ8581601Petition for ReconsiderationWCJ ReportDenying ReconsiderationLaw Office of Robin JacobsLien HearingsPattern of ConductWorkers' Compensation Appeals BoardHuxtables KitchenCompwest Insurance Company
References
Case No. ADJ9383421
Regular
Oct 26, 2016

MARIA ZAMORA DE RAMIREZ vs. HOSPITALITY STAFFING SOLUTIONS, LLC, ACE INSURANCE

This case involved an applicant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The applicant's new attorney argued that prior counsel, the Law Offices of Robin Jacobs, engaged in bad faith by filing a frivolous attorney's fee lien. The WCAB agreed that while the prior counsel's conduct wasn't entirely frivolous, they were not entitled to an attorney's fee. This was because the services provided were minimal, not performed by a licensed attorney, and lacked proper disclosure of non-attorney staff involvement, thus failing to meet statutory requirements for a reasonable fee.

Workers' Compensation Appeals BoardHospitality Staffing SolutionsAce InsurancePetition for ReconsiderationAttorney Fee LienFrivolous ConductBad FaithLabor Code Section 5813WCAB Rule 10773Reasonable Attorney Fee
References
Case No. ADJ6891058
Regular
Jul 16, 2015

Robin Hill vs. California Department of Social Services

This order dismisses Robin Hill's Petition for Reconsideration in the workers' compensation case against the California Department of Social Services. The Workers' Compensation Appeals Board adopted and incorporated the reasoning of the Workers' Compensation Administrative Law Judge's report. Therefore, the petition is officially dismissed by the Board.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal OrderWorkers' Compensation Administrative Law JudgeWCJ ReportCalifornia Department of Social ServicesYork Risk Services GroupADJ6891058Riverside District OfficeMarguerite Sweeney
References
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