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

Case No. ADJ1941485 (VNO 0263845) ADJ4137418 (VNO 0270976) ADJ1018222 (MON 0140131)
Regular
Dec 15, 2008

GERTRUDE CHISM vs. K-MART/SEARS HOLDING CORPORATION, Permissibly Self-Insured Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Appeals Board dismissed the defendant's petition to remove WCJ Zarett as moot due to his retirement, and denied the request for a commissioner's hearing on sanctions as premature. The Board remanded the case to the trial level for a full evidentiary hearing on the defendant's allegations regarding the applicant's attorneys, as these factual issues are best addressed by a new Workers' Compensation Judge. The defendant's numerous petitions for removal, vacating hearings, and stays were largely dismissed or denied.

Workers' Compensation Appeals BoardGertrude ChismK-Mart/Sears Holding CorporationSedgwick Claims Management ServicesPetition for Commissioner's HearingRemoval of Judge ZarettVacate HearingStay ProceedingsImposition of SanctionsGuardian Ad Litem
References
1
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. 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. ADJ1700843
Regular
Oct 08, 2012

YANFEN SITU vs. SWEDA COMPANY, LLC, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board (WCAB) imposed a $250 sanction against hearing representative Lilibeth Gomez and lien claimant SJT & Associates. This sanction arose from their filing of an untimely and meritless Petition for Reconsideration that was also not properly served on the defendant's counsel. The WCAB previously issued a Notice of Intention to Impose Sanctions, and no objection was filed within the allotted timeframe. Therefore, the sanction is now officially assessed, payable jointly and severally.

Workers' Compensation Appeals BoardRemovalSanctionsPetition for ReconsiderationUntimely FilingService ViolationLabor Code section 5813Appeals Board Rule 10561Notice of Intention to Impose SanctionsGood Cause
References
0
Case No. ADJ7096210
Regular
Apr 11, 2011

ROBERTO GONZALEZ vs. JERRY'S FAMOUS DELI, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The Board granted removal to address the frivolous nature of the petition, which contained false factual assertions regarding a prior conference. Consequently, the Board intends to impose sanctions of up to $1,500 each against Hearing Representative Lance Garrett and Attorney Carl Feldman for their bad-faith actions. The Board also ordered Attorney Feldman to identify the representative who appeared at the January 26, 2011 conference.

WCABPetition for ReconsiderationPetition for RemovalOrder To Suspend ProceedingCompel Medical ExaminationPanel Qualified Medical Examiner (PQME)Hearing RepresentativeSanctionsFrivolous PetitionBad Faith Actions
References
1
Case No. LAO 0726907
Regular
May 29, 2007

HABTNESH EZRA vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES

Applicant's counsel, Martin Reiner, is denied disqualification of the Appeals Board and ordered to pay $\$ 2,500$ in sanctions. The Board found Reiner's written comments to be intentionally disruptive and without merit, and his response did not provide good cause to avoid sanctions or grounds for disqualification. The sanctions imposed do not impact the applicant's right to representation or a hearing on the merits of her case.

DisqualificationSanctionsApplicant's CounselWillful IntentDelay ProceedingsImproper MotiveWithout MeritWorkers' Compensation Appeals BoardLabor CodeCalifornia Code of Regulations
References
0
Case No. ADJ1194116 (LAO 0797672)
Regular
Jul 14, 2010

DONNA ORTIZ vs. CROWN TOYOTA, ZURICH NORTH AMERICA, UNIVERSAL UNDERWRITERS GROUP

This case involves a $750 sanction jointly imposed against Daniel Escamilla and Legal Service Bureau for filing a petition for reconsideration without proper diligence. The Appeals Board found that Mr. Escamilla failed to review crucial case documents, including typed minutes of hearing, leading to inaccurate assertions. This lack of diligence wasted judicial resources, although the sanction was reduced due to the possibility the petition was filed without actual knowledge of the falsehoods. The Board cited Mr. Escamilla's history of sanctions in determining the final amount.

Workers' Compensation Appeals BoardSanctionDaniel EscamillaLegal Service BureauPetition for ReconsiderationIgnorance of True FactsMinutes of HearingSummary of EvidenceDiligenceJudicial Resources
References
0
Case No. ADJ3413739
Regular
Oct 24, 2013

YOLANDA OSUNA vs. MARRIOTT HOTEL

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration filed by lien claimants and their representatives, Innovative Medical Management (IMM) and Louis Heard, as untimely. The Board also removed the case to itself and gave notice of its intention to impose sanctions of up to $2,500 against IMM and Heard. This action stems from IMM and Heard filing a frivolous, untimely petition containing misrepresentations about the timing of lien withdrawals, following the original imposition of sanctions by the WCJ for their failure to appear at a scheduled lien trial. The Board noted IMM and Heard's extensive history of similar sanctionable conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Granting RemovalSanctionsHearing RepresentativesInnovative Medical ManagementLouis HeardLien ClaimantsLabor Code Section 5813Frivolous Petition
References
0
Case No. ADJ13332737, ADJ15218980, ADJ12640295
Significant
Jun 17, 2024

ABEL HIDALGO, et al. vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al.

The Workers' Compensation Appeals Board consolidates three cases to address sanctions against attorney Susan Garrett and hearing representative Lance Garrett for filing petitions for reconsideration with the intent to disrupt or delay trial proceedings, issuing a notice of intent to impose sanctions and costs.

En BancSanctionsCostsAttorney's FeesLabor Code 5813Willful IntentImproper MotiveFrivolousDelay TacticsPetition for Reconsideration
References
13
Case No. ADJ8965291; ADJ10451326; ADJ10750348; ADJ15382349; ADJ15382351; ADJ16951068; ADJ16951573; ADJ16953628; ADJ16953629; ADJ16124753; ADJ16124750; ADJ17290772; ADJ16953860
En Banc
Apr 10, 2024

ALFREDO LEDEZMA, et al. vs. KAREEM CART COMMISSARY AND MFG; STATE COMPENSATION INSURANCE FUND, et al.

The Workers' Compensation Appeals Board consolidates eight cases to address sanctions against attorney Susan Garrett and hearing representative Lance Garrett for a pattern of filing petitions for reconsideration to delay trials, followed by failure to appear, and issues a notice of intent to impose sanctions up to $20,000 against each.

Workers' Compensation Appeals BoardSanctionsCostsAttorney's FeesLabor Code Section 5813En Banc DecisionOrder of ConsolidationPetitions for ReconsiderationWillful IntentImproper Motive
References
12
Showing 1-10 of 3,366 results

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