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

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
26
Case No. ADJ3953416
Regular
Mar 07, 2013

CLENNON MOORE vs. COUNTY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding no significant prejudice or irreparable harm from the WCJ's order vacating a trial date. The Board also denied the defendant's petition to remove the applicant's non-attorney representative, Danny Boyd, from appearing, despite Boyd's history of abusive conduct. However, the Board issued a stern warning to Boyd that future misconduct will result in proceedings to remove his privilege to represent parties. The Board noted Boyd's potential violation of paralegal regulations and advised him to ensure compliance.

WCABPetition for RemovalHearing RepresentativeLabor Code Section 4907Cease and Desist OrderAbusive ConductNon-attorney RepresentativeSB 899Labor Code Section 5814Medical Mileage
References
3
Case No. ADJ9426494
Regular
Jun 10, 2015

BARBARA SWENSON vs. COMPASS HEALTH, MURPHY AND BEANE, INC.

In this Workers' Compensation Appeals Board case, the applicant sought interview transcripts and statements of defense witnesses. The judge initially ordered the defendant to produce all such materials. The defendant petitioned for removal, arguing the order was overbroad and violated due process by failing to account for work product and attorney-client privilege. The Appeals Board granted the petition for removal, amending the original order. The amended order requires the defendant to provide requested materials, excluding those protected by privilege, for which a privilege log must be filed.

Petition for RemovalInterview TranscriptsWitness StatementsWork ProductAttorney-Client PrivilegePrivilege LogDue ProcessOverbroad OrderAppeals BoardWCJ
References
0
Case No. Misc. No. 254
En Banc
Sep 21, 2011

vs. Daniel Escamilla

The Workers' Compensation Appeals Board issued a Notice of Hearing to consider suspending or removing Daniel Escamilla's privilege to appear as a representative, citing a history of sanctions for bad-faith actions, frivolous tactics, and causing unnecessary delays.

Labor Code Section 4907Privilege SuspensionRepresentative MisconductBad Faith ActionsFrivolous PleadingsMisrepresentations of FactAppeals Board RulesState Bar RulesWCJ SanctionsHearing Representative
References
28
Case No. Misc. No. 254
Significant
Sep 21, 2011

vs. Daniel Escamilla, Respondent

The Workers' Compensation Appeals Board issued a notice of hearing to consider suspending or removing Daniel Escamilla's privilege to appear as a representative due to a pattern of bad-faith actions, frivolous tactics, and misrepresentations of fact across multiple cases.

Labor Code section 4907Privilege suspensionRemoval of privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctionsHearing representative
References
17
Case No. Misc. No. 254
En Banc
Sep 21, 2011

WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA vs. Daniel Escamilla

Notice of a hearing to consider suspending or removing Daniel Escamilla's privilege to appear before the WCAB due to a pattern of repeated sanctions for bad-faith actions, frivolous tactics, and filing pleadings with false statements of fact.

Labor Code 4907Privilege SuspensionRemoval of PrivilegeBad Faith ActionsFrivolous TacticsUnnecessary DelayWillful Non-ComplianceDisruption of ProceedingsMeritleless ArgumentsSanctions
References
28
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. ADJ6784736
Regular
May 24, 2010

CYNTHIA ARMANDO vs. ENDODONTIC ASSOCIATES CORP., TRUCK INSURANCE EXCHANGE

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration of an order compelling production of claims file documents. However, the Board granted removal, rescinded the original order, and issued a new order. The new order requires the defendant to produce non-privileged portions of the claims file and witness statements, and to describe any privileged documents separately. The Board also clarified that statutory privilege provisions, including attorney work product, are applicable in workers' compensation proceedings.

Petition for RemovalPetition for ReconsiderationClaims Investigation FileAttorney Workproduct PrivilegeWitness StatementsInterim OrderSignificant PrejudiceIrreparable HarmAbsolute Work ProductQualified Work Product
References
7
Case No. ADJ4227582
Regular
Nov 18, 2011

BOBBY CLEMENTS vs. GEORGE REED, INC., TRISTAR RISK MANAGEMENT

This case involves an applicant seeking removal of a Workers' Compensation Judge (WCJ) after an order compelling disclosure of specific records. The applicant claimed bias, Fifth Amendment privilege against self-incrimination, and privacy rights for corporate records. The Appeals Board denied the petition, clarifying that removal requires more than disagreement with a ruling and that the Fifth Amendment privilege is waived when a party initiates litigation and the requested information is relevant to their claim. The Board found no evidence of bias and ruled that the applicant could not use the privilege to obstruct relevant discovery essential for the defendant's defense.

Petition for RemovalWCJ biasFifth Amendmentself-incriminationevidentiary privilegespatient-litigant exceptionwaiverdiscoveryadministrative law judgeworkers' compensation
References
9
Case No. ADJ9674251
Regular
Apr 17, 2015

LAURA MALED vs. DIAMOND LEARNING CENTER, INC., AMTRUST NORTH AMERICA, JAMI HAMEL DE LA CERDA, DANIEL DE LA CERDA, NATIONWIDE AGRIBUSINESS INSURANCE COMPANY

Applicant Laura Maled sought removal after the WCJ deferred ruling on a motion to quash a subpoena. The subpoena requested records from Diamond Learning Center, Inc., which AMTRUST, its insurer, claimed were overbroad and privileged. Applicant argued the deferral prejudiced her ability to conduct necessary discovery. The Appeals Board granted removal, finding the deferral caused substantial prejudice and irreparable harm. The case was remanded for a status conference to facilitate discovery resolution or a ruling on the motion to quash.

Petition for RemovalPetition for Order QuashingSubpoena Duces TecumAttorney-Client PrivilegeAttorney Work Product DoctrineDiscovery DisputeIrreparable HarmSubstantial PrejudiceWCJ DeferralAmended Application
References
0
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