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

Case No. ADJ7944481
Regular
Aug 22, 2013

IGNACIO PAZ vs. BENIHANA, INC., ZURICH LOS ANGELES

In this workers' compensation case, multiple lien claimants' liens were dismissed for failure to pay the required activation fee or appear at a lien conference. Their attorney claimed they lacked notice of the conference, but evidence indicates their representative initiated the conference and was served with notice. The Appeals Board granted reconsideration to consider sanctions against the attorney for filing a petition for reconsideration that appears indisputably without merit, potentially based on misrepresentation or failure to investigate facts. The Board intends to impose sanctions on the attorney for alleged bad faith actions under Labor Code Section 5813.

Lien activation feeLabor Code section 5813WCAB Rule 10561Declaration of ReadinessNotice of Hearinglien conferencepetition for reconsiderationbad faith actionfrivolous petitiondue process violation
References
1
Case No. ADJ928027
Regular
Feb 03, 2016

DAVID TRINH vs. TZENG LONG USA, INC., BERKSHIRE HATHAWAY

This case involves the suspension of Mike Traw's privilege to appear before the Workers' Compensation Appeals Board (WCAB) under Labor Code Section 4907. The WCAB issued a Notice of Intention to suspend due to non-payment of sanctions and failure to respond. While Professional Lien Services, Inc. (PLS) sought extensions, neither Traw nor PLS provided a substantive response. Consequently, Traw's appearance privilege is suspended for ninety days due to his failure to comply with the WCAB's orders. Further action against PLS may occur if ordered sanctions remain unpaid.

Labor Code Section 4907Decision After RemovalNotice of IntentionSuspension of PrivilegeProfessional Lien ServicesMike TrawAppeals Board En BancSanction OrderInterference with Judicial ProcessWCAB
References
0
Case No. ADJ8596014
Regular
Nov 07, 2018

DION GEORGE vs. KJI PLUMBING, INC., ZURICH AMERICAN INSURANCE COMPANY

This case involves a $\$ 750$ sanction imposed by a WCJ against defense counsel and KJI Plumbing for defense counsel's failure to appear at a hearing. The Appeals Board granted reconsideration, finding the failure to appear was due to defense counsel's negligence, not willful misconduct. Consequently, the Board reduced the sanction to $\$ 250$ and removed KJI Plumbing as a liable party, solely sanctioning defense counsel and his law office. The Board cautioned that future failures to appear could establish a pattern justifying larger sanctions.

Petition for ReconsiderationOrder Imposing SanctionsWCJDefense CounselJointly and SeverallyUninsured Employers Benefits Trust FundMandatory Settlement ConferenceDeclaration of ReadinessLabor Code § 5813WCAB Rule 10561
References
0
Case No. ADJ6497910
Regular
Jun 02, 2010

ALICIA MONTEJANO vs. SUN TREE, LLC, MAJESTIC INSURANCE COMPANY

This Workers' Compensation Appeals Board case involved sanctions against lien claimants Cal Care Medical Institute, Advanced Radiology of Beverly Hills, and their representative Talia Reyes. The sanctions were imposed for multiple failures, including non-appearance at trial and settlement conferences, and failure to respond to a notice of intention to dismiss liens. Additionally, their petition for reconsideration was deemed wholly without merit and non-compliant. As no timely objection was filed, the $100.00 sanction is now confirmed and payable.

Workers' Compensation Appeals BoardLabor Code Section 5813SanctionsLien claimantsFailure to appearMandatory settlement conferencePetition for reconsiderationGood causeHearing representativeNotice of intention
References
0
Case No. ADJ3113473
Regular
Sep 29, 2014

PAMELA JACKSON vs. WEST COAST SIGNS, GRANITE STATE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration, rescinded a prior sanctions order, and issued a new order imposing reduced sanctions of $500 against a lien claimant and its representative. The claimant's representative mistakenly believed the applicant's case was resolved based on an outdated EAMS entry, leading to the premature filing of a Declaration of Readiness and subsequent failure to appear at a lien conference. While acknowledging the filing and non-appearance errors, the Board reduced the sanctions from $1,500 to $500, citing the claimant's "honest mistake" in interpreting the EAMS record. The matter was returned to the trial level for further proceedings.

Declaration of ReadinessElectronic Adjudication Management Systemlien claimantSanctions OrderPetition for ReconsiderationWorkers' Compensation Appeals Boardcase in chiefStipulations with Request for AwardPetition to Reopenpermanent disability
References
0
Case No. ADJ171587
Regular
Dec 21, 2012

MARCUS VASQUEZ vs. MARION RESIDENCE, FIREMANS FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order suspending Integrated Healthcare Recovery Services (IHRS) from appearing before the board. This suspension stemmed from IHRS's failure to pay a $1,000 sanction previously imposed for missing a lien trial. The WCAB has now issued a notice of intent to suspend IHRS unless the sanction is paid within 20 days, citing IHRS's failure to comply with a final order as good cause. IHRS may avoid suspension by paying the sanction or demonstrating good cause to the WCAB.

Labor Code Section 4907Petition for ReconsiderationSuspension of AppearanceWCABWCJSanction OrderLien TrialFinal OrderFailure to PayHearing Representative
References
2
Case No. ADJ7206906
Regular
Oct 01, 2013

GERARDO BOLLAS vs. CALPAK LANDSCAPE, INC., DELOS INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) affirmed a judge's order dismissing lien claimant New Age Translations and its representative, Gina Correla, for failing to appear at a lien conference without good cause. The WCAB also imposed a $\$1,000$ sanction against them jointly and severally. This decision followed their failure to respond to the WCAB's notice of intent to sanction and their continued failure to verify their petition for reconsideration.

Lien claimantSanctionReconsiderationWCJLien conferenceGood causeFailure to appearUnverified petitionAppeals BoardJointly and severally
References
1
Case No. ADJ7266187
Regular
Jan 12, 2015

MARIO ARELLANO vs. THE SPORTS CLUB COMPANY, INC.

The Workers' Compensation Appeals Board denied a lien claimant's petition for reconsideration of an order dismissing its lien for failure to appear at a conference. The Board granted removal on its own motion and intends to impose sanctions against the lien claimant and its representative. This action is due to the claimant's failure to appear, their alleged lack of knowledge on how to notify the Board of an absence, and filing an unverified and factually misrepresented petition.

WCABPetition for ReconsiderationOrder Dismissing LiensLien ClaimantNotice of Intention to DismissGood CauseFailure to AppearRepresentative IllnessVerification DefectRemoval
References
1
Case No. ADJ3118083
Regular
Jun 14, 2010

MARCELO SANDOVAL vs. TRITON CHANDELIER, INC., SPECIALTY RISK LA HABRA

The applicant seeks reconsideration of a case dismissed for failure to appear at a mandatory settlement conference. The Appeals Board granted reconsideration, finding the petition timely filed. However, the Board issued a notice of intention to impose sanctions on applicant's counsel for failing to appear at the conference and failing to notify the Board. Applicant's counsel must show good cause within 15 days to avoid a $250.00 sanction for causing unnecessary delay.

WCABPetition for ReconsiderationMandatory Settlement ConferenceNotice of Intention to DismissLabor Code § 5813sanctionsgood causeuntimely filingunverified petitionEAMS
References
2
Case No. ADJ10062283
Regular
Jan 08, 2016

MARIA CARVALHO vs. IN-HOME SUPPORTIVE SERVICES, CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board denied York Risk Services Group's petition for reconsideration of a $\$ 200.00$ sanction. The sanction was imposed for York's failure to appear at a hearing for which it was properly served by mail. York failed to provide good cause for its non-appearance, and its assertion of resolving issues telephonically did not excuse the failure to appear. The Board upheld the WCJ's finding that the notice was properly served and no reasonable excuse was offered.

Workers' Compensation Appeals BoardSan Jose District OfficePetition for ReconsiderationOrder Imposing SanctionsFailure to AppearGood CauseNotice of HearingService by MailElectronic Adjudication Management SystemPresumption of Receipt
References
0
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