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

Case No. ADJ7500183
Regular
Oct 07, 2014

RAMON MARTIN vs. BARRETT BUSINESS SERVICES, INC.

The Workers' Compensation Appeals Board denied defendant's petition for reconsideration, finding it frivolous and filed in bad faith. The Board imposed a $750 sanction against defendant's attorneys, Tricia Pride and Hinshaw & Culbertson, LLP. This sanction was for falsely asserting judicial misconduct by the judge in the petition. The attorneys' subsequent response failed to adequately explain or apologize for their conduct.

Workers' Compensation Appeals BoardRemovalSanctionFrivolous PetitionBad-Faith ConductJudicial MisconductCode of Judicial EthicsLabor Code Section 123.6Industrial InjuryLeft Knee Surgery
References
Case No. ADJ103216 (LAO 0867367)
Regular
Sep 07, 2010

ROSA PALAFOX vs. PELICAN PRODUCTS, INC., UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of an administrative law judge's decision to clarify sanctions imposed on defendant's attorney, Martin Reiner. Reiner sought to cross-examine applicant's attorneys regarding privileged matters, an action the judge deemed frivolous and sanctionable. The Board affirmed the judge's findings that Reiner's petition was frivolous, his actions in altering official documents and threatening opposing counsel were improper, and that sanctions were warranted. The Board clarified that the $1,000 payment to applicant's attorneys should be characterized as attorney's fees and costs under Labor Code section 5813, rather than solely as sanctions.

Workers' Compensation Appeals BoardReconsiderationSanctionsAttorney-Client PrivilegeCrime-Fraud ExceptionFrivolous PetitionLabor Code Section 5813Bad-Faith ActionsAttorney's Fees and CostsDisqualification
References
Case No. ADJ4332905 (SAL 0109881)
Regular
Jan 20, 2016

JESUS RODRIGUEZ vs. BUD OF CALIFORNIA

California Physicians Network (CPN) and its representative, Dennise Mejia, were sanctioned $2,500.00 jointly and severally for filing a frivolous and untimely petition for reconsideration that lacked proper verification and contained erroneous facts. The Board dismissed their reconsideration request because it did not challenge a final order and was procedurally deficient. CPN and Mejia failed to respond to the Board's notice of intent to impose sanctions. The defendant's claim for additional trial-level costs and attorney's fees was deferred to the workers' compensation administrative law judge for initial determination.

ADJ4332905SAL 0109881Opinion and Decision After RemovalSanctionCalifornia Physicians NetworkDennise MejiaLien ClaimantLabor Code section 5813(a)Appeals Board Rule 10561Frivolous
References
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
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
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
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
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
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
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
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