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

Case No. ADJ8654085
Regular
May 29, 2014

RACHEL KURTZ RIVERA vs. JO-ANN STORES, INC., ARCH INSURANCE

The Workers' Compensation Appeals Board dismissed Rachel Kurtz Rivera's Petition for Reconsideration because it was not taken from a final order, but rather an interlocutory procedural decision. The Board also denied her Petition for Removal, finding no showing of substantial prejudice or irreparable harm. The WCJ did not order suspension of benefits, only proceedings, and the matter of missed AME exam costs will be addressed by the WCJ after discovery is completed. The Board noted potential issues regarding applicant's attorney's representations about the missed exam and their potential for misleading statements or sanctions.

Petition for ReconsiderationRemovalFinal OrderInterlocutory OrderSubstantive RightLiabilityWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationSubstantial Prejudice
References
Case No. ADJ9686970
Regular
Jul 07, 2017

BLANCA BARRAZA vs. SEA VIEW PACKING, INC., PSI, administered by INTERCARE HOLDINGS INSURANCE SERVICES

The defendant sought reconsideration of a WCJ's decision that found the Franchise Tax Board's suspension of ResHealth Medical Group did not prevent recovery by assignee Javlin Three, LLC. The Appeals Board granted reconsideration, finding the WCJ's decision inconsistent regarding the admitted evidence of ResHealth's suspension. The matter was returned to the trial level for further proceedings to clarify issues concerning the suspension and assignment.

Workers' Compensation Appeals BoardFranchise Tax Boardcorporate rights suspensionlien claimantsassignmentburden of proofResHealth Medical GroupJavlin Three LLCAdministrative Law JudgePetition for Reconsideration
References
Case No. ADJ9903270
Regular
Jun 17, 2019

YESENIA MELENDEZ vs. KC PHARMACEUTICALS, EVEREST NATIONAL INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

In this workers' compensation case, lien claimant ResHealth Medical Group's petition for reconsideration was denied because its corporate status was suspended by the Franchise Tax Board (FTB) as of April 1, 2016. This suspension prevented ResHealth from prosecuting its lien. While Javlin Three, an alleged assignee, contended it could pursue the lien, it failed to provide evidence that the assignment covered the specific accounts receivable in question. Furthermore, Javlin's own capacity to sue as an assignee was questionable if the assignment occurred after ResHealth's FTB suspension.

Workers' Compensation Appeals BoardFTB suspensionFranchise Tax BoardResHealth Medical GroupJavlin Threelien claimantassigneeassignorLabor Code section 4903.8(a)(1)cease doing business
References
Case No. MISC. NO. 264
En Banc
Oct 27, 2020

Workers' Compensation Appeals Board vs. State of California

The Appeals Board rescinds its suspension of WCAB Rules 10755, 10756, and 10888, which had previously suspended the dismissal of cases for failure to appear due to the COVID-19 emergency.

Workers' Compensation Appeals BoardCOVID-19State of EmergencyEn BancWCAB RulesSuspensionRescindsDismissalFailure to AppearApplication
References
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
Case No. Misc. No. 257
Significant

vs. Javier Jimenez, Respondent

The Workers' Compensation Appeals Board suspends the privilege of Javier Jimenez to appear as a party representative for 180 days, with the suspension continuing until he complies with prior sanction orders, following his failure to respond to a Notice of Intention.

WCABJavier JimenezRepresentative PrivilegeSuspensionLabor Code Section 4907En BancNotice Of IntentionSanction OrdersComplianceAdministrative Law Judges
References
Case No. ADJ10930523
Regular
May 10, 2018

FABIAN RODRIGUEZ vs. BRIGHTVIEW LANDSCAPING, ACE AMERICAN INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to add specific findings to a prior order. The Board affirmed sanctions against applicant's attorney, Guy Frank Michael Candelaria, totaling $2,500.00, plus $4,384.00 in defense costs. These sanctions stem from Candelaria's misrepresentations to defense counsel and the court regarding his attorney status during a period of suspension and his failure to appear or respond to court orders. The Board also noted evidence of Candelaria's continued practice and involvement in multiple other cases during his suspension.

Workers Compensation Appeals BoardSanctionsAttorney's FeesReconsiderationPetitionWCJNotice of IntentionState Bar SuspensionUnauthorized Practice of LawMaterial Misrepresentation
References
Case No. ADJ9849559
Regular
Sep 08, 2017

MARIA ESTEVEZ vs. WALMART ASSOCIATES, INC.

The Workers' Compensation Appeals Board granted reconsideration, amending the original order to defer the disposition of Reshealth Medical Group's lien. The Board found that the WCJ failed to make necessary factual findings regarding the timing of the assignment of the lien to Javlin Three LLC, a critical issue given Reshealth's suspension by the Franchise Tax Board. The matter was returned for further proceedings to address whether the assignment was valid before or after Reshealth's corporate suspension, and potentially the validity of the assignment under Labor Code section 4903.8. The Board otherwise affirmed the original findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAdministrative Law JudgeLienAssignmentFranchise Tax Board suspensionCorporate statusCapacity to sueLabor Code 5313
References
Case No. Misc. No. 257
En Banc
Feb 18, 2016

vs. JAVIER JIMENEZ

The Appeals Board suspended the privilege of Javier Jimenez to appear as a representative for 180 days due to his failure to respond to a Notice of Intention to Suspend, which was based on non-compliance with prior sanction orders.

WCABLabor Code section 4907Representative privilege suspensionNotice of IntentionSanction ordersEn banc decisionAdministrative law judgeCompliance180-day suspensionFurther hearing
References
Case No. Misc. No. 254
Significant
Sep 21, 2011

vs. Daniel Escamilla

The Workers' Compensation Appeals Board issued a notice for a hearing to consider the suspension or removal of Daniel Escamilla's privilege to appear as a representative, citing a history of repeated sanctions for frivolous petitions, bad-faith tactics, and misrepresentations of fact in multiple cases.

Labor Code section 4907Suspension of privilegeRemoval of privilegeRepresentative privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctions
References
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