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

Case No. ADJ6909317
Regular
Feb 24, 2015

ANA ZELAYA vs. SUSAN CALDWELL dba WALNUT ACRES RESIDENTIAL CARE, ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board imposed $\$ 250$ sanctions each on lien claimants Hekmat Orthopaedics and Beverly Hills Center for Arthroscopic and Outpatient Surgery, jointly and severally with their hearing representative, Zoila Webster. This decision stemmed from their frivolous Petitions for Reconsideration, which caused unnecessary delay. While the Board declined to award attorney fees requested by the defendant, both lien claimants and Webster are warned that fees may be imposed for future similar conduct. Payment of sanctions is due within twenty days to the Workers' Compensation Appeals Board.

Workers' Compensation Appeals BoardRemovalSanctionsLien claimantsFrivolous petitionsHearing representativeJointly and severallyOpinion and DecisionNotice of IntentPetition for Costs
References
0
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
Case No. ADJ593283 (AHM 0117827) ADJ1747148 (AHM 0117828) ADJ196184 (AHM 0117826)
Regular
Aug 01, 2011

DEBORAH ARRIOLA-LARA vs. NORDSTROMS; Permissibly Self-Insured

The Appeals Board denied Nordstrom's Petition for Removal seeking to overturn an order allowing applicant's supplemental deposition at her attorney's office. The Board found the petition lacked merit. However, the Board sua sponte granted removal on the limited issue of sanctions against Nordstrom's counsel. This action stems from counsel's inclusion of numerous extraneous and previously filed documents in their 114-page petition, constituting a violation of procedural rules and potentially a frivolous tactic warranting sanctions.

Petition for RemovalSupplemental DepositionDue Process ViolationCode of Civil Procedure Section 2025.250Good CauseWCAB Rule 10842(c)Labor Code Section 5813Bad-Faith ActionsFrivolous TacticsUnnecessary Delay
References
4
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. ADJ2303350 (FRE 0230817)
Regular
Jun 17, 2013

BENJAMIN MARTINEZ vs. BOGHOSIAN RAISIN PACKING, STATE COMPENSATION INSURANCE FUND

In this Workers' Compensation Appeals Board decision, the Board is issuing its final order after granting removal. The Board will sanction Tim Roupoli, AMR Group, Hooty Services, and Accutox, jointly and severally, $500 for failing to object to a prior notice of intention to sanction. These parties are ordered to pay the sanction within 20 days to the General Fund. The underlying reasons for the sanction are incorporated by reference from the prior notice.

Workers' Compensation Appeals BoardRemovalSanctionLien ClaimantTim RoupoliAMR GroupHooty ServicesAccutoxLab. Code § 5813Cal. Code Regs. § 10561
References
0
Case No. ADJ3942275 (LAO 0879499) ADJ4411298 (LAO 0879500)
Regular
Jul 12, 2012

JESUS RODRIGO GUZMAN vs. CHAMPION ARROWHEAD BRASS PRODUCTS, ZENITH INSURANCE COMPANY

This case involves sanctions imposed against Erika Campos and Fred F. Hafezi, M.D., for bad faith actions and tactics. They are jointly and severally sanctioned $1,000.00 payable to the Workers' Compensation Appeals Board. Sanctionable conduct included a misdated proof of service and misstatements of fact in a petition, as detailed in the WCJ's report. Neither Campos nor Hafezi responded to the Board's notice of intent to sanction.

SanctionsLabor Code section 5813Opinion and Decision After RemovalMisstatements of factBad faith actionsWorkers' Compensation Appeals BoardWCJProof of servicePetition for ReconsiderationNotice of Intention to Issue Sanctions
References
0
Case No. ADJ1514704 (ANA 0401964) ADJ2766732 (ANA 0401698)
Regular
Jun 15, 2015

SALVADOR PADILLA vs. CDK PLUMBING, VIRGINIA SURETY COMPANY

The Workers' Compensation Appeals Board (WCAB) is imposing a $1,500 sanction on lien claimant Psychological Assessment Services and its representative, Claribel Palacios. This sanction is for filing a skeletal and unsubstantiated Petition for Reconsideration that lacked reasonable justification. The WCAB also notes that the lien claimant improperly e-filed their objection to the sanctions despite explicit instructions to file it directly with the Commissioners' office. The lien claimant's objection failed to demonstrate good cause to avoid the sanctions.

Petition for ReconsiderationFindings and Order Re: Liensskeletal pleadingreasonable justificationsanctionsObjectiongood causejointly and severallyGeneral Fundjurisdiction returned
References
0
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