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

Case No. ADJ4702870 (LAO 0757820)
Regular
May 20, 2016

Rubie Johnson vs. Los Angeles County Mental Health

This case involves sanctions imposed on lien claimant David Silver, M.D., and his representatives for failing to appear at a properly noticed lien conference without good cause. The Workers' Compensation Appeals Board (Board) granted reconsideration to affirm the sanctions and attorney fees awarded. The Board found that the excuses provided for the non-appearance were unreasonable and constituted bad faith actions under Labor Code section 5813. Consequently, Silver and his representatives were ordered to pay $\$250.00$ in sanctions to the General Fund and $\$2,100.00$ in attorney fees to the defendant.

Labor Code Section 5813WCAB Rule 10561WCAB Rule 10770.1Lien ConferenceFailure to AppearBad Faith ActionsSanctionsAttorney's FeesPetition for ReconsiderationJoint and Several Liability
References
1
Case No. MISSING
Regular Panel Decision

Matter of Kover

Attorneys Burton Citak and Donald L. Citak appealed orders that imposed sanctions and denied legal fees related to an article 81 guardianship proceeding for Eva Dworecki, an alleged incapacitated person. The attorneys were sanctioned for frivolous conduct, including making misrepresentations and false statements in court filings and arguments, and accusing the court of misconduct, despite previously consenting to the guardianship. The appellate decision, in this concurring opinion by Tom, J.P., found ample support for the Supreme Court's finding that the attorneys' conduct warranted sanctions. The matter was remanded for further proceedings to determine the appropriate costs, reduce the award to judgment, and set reasonable legal fees for the Citak firm's representation of Dr. Dworecki prior to the frivolous filings.

SanctionsAttorneysGuardianshipArticle 81Frivolous ConductAppellate ReviewProfessional MisconductLegal FeesCostsCourt Orders
References
0
Case No. MISSING
Regular Panel Decision

In re of the Arbitration between Town of Evans & International Brotherhood of Electrical Workers

Petitioner appealed an order from the Supreme Court, Erie County, which denied its petition to stay arbitration, granted respondent's counterclaim to compel arbitration, and denied both parties' requests for attorney's fees and sanctions. The petitioner had terminated an accountant, Elmar Kiefer, for alleged sexual abuse and misuse of resources. Respondent filed a grievance on Kiefer's behalf, leading to a demand for arbitration under their collective bargaining agreement. Petitioner sought to stay arbitration, arguing it was against public policy as an arbitrator might reinstate Kiefer. The court affirmed the lower court's decision, stating that the public policy argument was premature and that courts should not pre-emptively assume an arbitrator will exceed their powers or violate public policy. The court also denied attorney's fees and sanctions for both parties.

ArbitrationPublic PolicyCollective Bargaining AgreementSexual HarassmentMisconductAttorney's FeesSanctionsAppellate ReviewGrievanceEmployment Termination
References
5
Case No. ADJ4086603 (LAO 0829698) ADJ4469358 (LAO 0829699)
Regular
May 01, 2009

ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

This Workers' Compensation Appeals Board notice addresses a dispute over attorney's fees and costs awarded as sanctions. The defense seeks $800.50 for opposing a petition for reconsideration, while applicant's counsel, Daniel Escamilla, concedes only $540.00. The Board finds $800.50 reasonable and proposes to award this amount to defense counsel, Pearlman, Borska & Wax, L.L.P. This award is separate from any other sanctions payable to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION
References
0
Case No. ADJ9877506
Regular
Oct 30, 2017

MICHAEL WALLACE (Dec'd), ANGELA JOHNSON WALLACE (Wife) vs. LONG BEACH UNIFIED SCHOOL DISTRICT

The Appeals Board granted the applicant's Petition for Reconsideration, reversing the dismissal of a death benefit claim. This action was taken to issue a notice of intent to impose sanctions and attorney's fees against the applicant's attorneys for alleged bad faith actions. The Board found their petition lacked specificity and cited multiple violations of procedural rules and potential misconduct regarding discovery. A hearing will be held to determine if sanctions are warranted against the named attorneys and their firm.

Petition for ReconsiderationFindings and OrderWCJDeclaration of Readiness to ProceedPetition to Dismissbad faith actionsfrivolous litigationattorney sanctionsLabor Code section 5813WCAB Rule 10561
References
1
Case No. ADJ7048560
Regular
Nov 28, 2011

PARVEENA PRASAD vs. SACRAMENTO BEE/McCLATCHY NEWSPAPERS, INC.

This case involves sanctions imposed against lien claimant Accident Injury & Family Therapy (AIFT), its representative Innovative Medical Management (IMM), and Louis Heard for failing to attend two mandatory settlement conferences. The Workers' Compensation Appeals Board (WCAB) reversed a prior decision that allowed AIFT's lien, finding the lien claimant's excuses for non-appearance unpersuasive despite the loss of the lien itself. The WCAB sanctioned AIFT, IMM, and Heard jointly and severally $800 and awarded defendant its reasonable costs and fees incurred due to the missed appearances.

Workers' Compensation Appeals BoardDecision After RemovalSanctionsCosts and FeesAccident Injury & Family TherapyInnovative Medical ManagementLouis HeardLabor Code Section 5813Utilization ReviewCompromise and Release
References
1
Case No. ADJ3765961 (LAO 0871712)
Regular
Jun 07, 2010

JESSE FRANCIS vs. RUSSELL CONSTRUCTION SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied defendant's petition for reconsideration regarding attorney's fees awarded based on a Supplemental Job Displacement Benefit (SJDB). The Board found the defendant waived any objection to the fees by stipulating to them and that no good cause existed to set aside the stipulation. The Board is also initiating sanctions against defendant's counsel for filing a frivolous petition without merit. The matter is removed to consider sanctions against the defendant's counsel, including a potential additional attorney's fee for the applicant's attorney.

Supplemental Job Displacement BenefitSJDBAttorney's FeesStipulationsPetition for ReconsiderationSanctionsLabor Code § 5813Good CauseFrivolous PetitionIndustrial Injury
References
4
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. 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. ADJ7448960
Regular
Apr 22, 2013

Marco Altamirano vs. Yafa, A Pen Company, Inc., Employers Compensation Insurance Company

The Workers' Compensation Appeals Board granted reconsideration of the dismissal of lien claimants' claims for failure to pay lien activation fees. The Board issued a notice of intention to impose sanctions of up to $2,500 against the lien claimants' representatives, Qualified Billing and Collections, LLC and Diego S. Plasencia. This action is due to alleged misrepresentations in the Petition for Reconsideration regarding proof of payment of the required fees. The Board found that the petition contained false or misleading statements and lacked specific record references, constituting sanctionable conduct.

Workers Compensation Appeals BoardLien Activation FeeLabor Code Section 4903.06Petition for ReconsiderationWCJSanctionsLabor Code Section 5813Appeals Board Rule 10561Bad Faith ActionsFrivolous Tactics
References
2
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