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Case Law Database

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

Case No. ADJ3857516 (VNO 0505788)

Regular

Sep 20, 2013

ALBERTO ALCAZAR vs. PACTIV CORPORATION

This case involves a worker's compensation claim where the employer, Pactiv Corporation, was found to have unreasonably delayed necessary medical treatment, including transportation and home care. The Appeals Board modified a prior decision, finding the unreasonable delay occurred from December 20, 2010, to March 2, 2011, and reduced the penalty from 25% to 15% of the delayed benefits. The Board reversed the penalty for two instances of transportation failure by a hired company, deeming it not the employer's unreasonable conduct. Finally, attorney fees were reduced as some services were deemed unnecessary for the period of unreasonable delay.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAward and OrderUnreasonable DelayMedical TreatmentTransportationHome Care AssistanceLabor Code section 5814Penalty

References

Case No. ADJ6679249

Regular

Jun 08, 2010

GREG TOBER vs. GARVEY SCHOOL DISTRICT; PERMISSIBLY SELF-INSURED, ADMINISTERED BY YORK, FORMERLY SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) order imposing sanctions under Labor Code section 5813. The original order found the defendant's attorney liable for sanctions due to alleged bad-faith actions and unnecessary delay in responding to discovery requests. Upon review, the WCAB granted reconsideration, rescinded the original order, and denied both the applicant's petition for attorney's fees and the defendant's petition for sanctions. The WCAB determined that while there was a delay, the defendant's actions did not meet the legal threshold for bad faith, frivolousness, or intentional delay required by section 5813.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationLabor Code section 5813SanctionsWCJdiscovery issuebad faithfrivolousunnecessary delayPetition for Discovery Order

References

Case No. ADJ9719826

Regular

Aug 12, 2016

ABIGAIL FLORES vs. RISSE CONSTRUCTION CO., AMTRUST NORTH AMERICA

This case involves a defendant's petition for reconsideration of a $\$1000$ sanction order for bad-faith actions. The sanction was imposed due to the defendant's egregious delay and frivolous objections in paying a $\$180$ interpreter's lien, which took over eight months and required multiple billings and a court order. The Workers' Compensation Appeals Board denied the petition, upholding the WCJ's finding of frivolous conduct intended to cause unnecessary delay. The Board also affirmed that due process was satisfied by providing the defendant notice and an opportunity to respond to the sanctions.

WCABPetition for ReconsiderationSanctionsOrder Imposing SanctionsBad Faith ActionsFrivolous ConductWCJLien ClaimUnnecessary DelayCertified Interpreter

References

Case No. ADJ6766189

Regular

Jul 03, 2012

MIRNA CERRATO AGUILAR vs. BEVERLY PAVILION ASSOCIATES, FIRSTCOMP OMAHA

This case involves a petition for reconsideration filed by Anna Montes, a hearing representative, regarding a $1,500 sanction imposed by the WCJ. Montes was sanctioned for her "insolent, obstructive, disrespectful and frivolous" conduct during a workers' compensation trial involving her client, Dr. Anguizola. The Appeals Board denied Montes' petition, adopting the WCJ's report which detailed how her behavior caused unnecessary delay and wasted Board resources. The Board reiterated that representatives must conduct themselves professionally and ethically, adhering to rules against bad faith tactics that cause delay.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationIndustrial InjuryRoom AttendantLien ClaimantMedical TreatmentPenaltyInterestInsolent Conduct

References

Case No. ADJ6973825

Regular

May 21, 2012

MONICA BENARD vs. JENNY CRAIG, SEDGWICK CMS

This case concerns a penalty imposed on Jenny Craig for unreasonably delaying authorization for applicant Monica Benard's chiropractic treatment. The WCJ found a 25% penalty for the delay, which Jenny Craig appealed, arguing the delay was due to the applicant's choice of a chiropractor outside their Medical Provider Network (MPN). The Appeals Board affirmed the unreasonable delay finding but reduced the penalty to 20% of the delayed treatment's value, citing a failure in case management rather than intentional disregard. Jurisdiction was reserved for the parties to adjust the penalty amount.

Workers Compensation Appeals BoardMonica BenardJenny CraigSedgwick CMSADJ6973825ReconsiderationFindings and AwardLabor Code section 5814Medical Provider Network (MPN)chiropractic treatment

References

Case No. ADJ9932467

Regular

Oct 16, 2017

THERESA MCFARLAND vs. REDLANDS UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board denied an applicant's petition for reconsideration, affirming the WCJ's decision that "Return-To-Work" supplemental payments under Labor Code section 139.48 are not "compensation" as defined by Labor Code section 3207. Therefore, the applicant was not entitled to a second penalty under Labor Code section 5814 for the employer's delay in providing a Supplemental Job Displacement Benefit voucher, as that delay did not cause a delay in a compensable benefit. The Board found that the applicant's penalty claim for the voucher delay was already resolved and that imposing a second penalty for a non-compensable benefit delay would be unfair and against the principle of balancing justice.

Labor Code section 139.48Return-To-Work supplemental paymentscompensation definitionLabor Code section 3207Labor Code section 5814 penaltyLabor Code section 4658.7 voucherSupplemental Job Displacement Benefitcompromise and release agreementGage v. Workers' Comp. Appeals Bd.unreasonable delay

References

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

Case No. ADJ6788427

Regular

Dec 15, 2009

Angela Nowicki vs. STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES, Adjusting Agency

The WCAB granted reconsideration and reversed the WCJ's order imposing a $250 sanction on the defendant for failing to respond to a request for documentation. The WCAB found that the defendant's failure to respond did not constitute bad faith or an intent to cause unnecessary delay.

Labor Code section 5813WCAB Rule 10561bad faith actionfrivolous tacticunreasonable delayOrder Suspending ActionSanctionReconsiderationStipulations with Request for AwardQualified Medical Evaluator (QME)

References

Case No. ADJ7354587

Regular

Oct 02, 2012

STEVEN LUEVANO vs. JUNIOR'S CAR STEREO, FIRST COMP OMAHA FOR ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed the dismissal of Steven Luevano's case for failure to prosecute. Applicant's attorneys failed to provide sufficient evidence of good cause to justify the prolonged inactivity of the claim. Consequently, the Board imposed $1,500 in sanctions jointly and severally against applicant's attorneys for frivolous actions and unnecessary delay.

Workers' Compensation Appeals BoardSanctionsFailure to ProsecuteReconsiderationMedical Provider Network (MPN)Panel Qualified Medical Evaluator (PQME)Agreed Medical Evaluator (AME)Bad Faith ActionsFrivolous TacticsUnnecessary Delay

References

Case No. VNO 521224

Regular

Sep 12, 2007

BEVERLY ROSS vs. VOLKSWAGEN PASADENA, AUTO DEALERS COMPENSATION OF CALIFORNIA c/o INTERCARE INSURANCE SERVICES

The WCAB denied a petition for reconsideration and removal filed by the applicant's former attorney concerning the placement of attorney's fees in trust. The Board found the petition meritless and, on its own motion, ordered the case removed to issue a notice of intention to impose sanctions against the former attorney's firm for bad faith and frivolous conduct, citing the unnecessary delay and cost caused by the filing.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseAttorney FeesTrust AccountLabor Code §5813SanctionsBad Faith ConductFrivolous Petition

References

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Updated Daily

Case Law Database

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

Case No. ADJ3857516 (VNO 0505788)

Regular

Sep 20, 2013

ALBERTO ALCAZAR vs. PACTIV CORPORATION

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactAward and OrderUnreasonable DelayMedical TreatmentTransportationHome Care AssistanceLabor Code section 5814Penalty

References

Case No. ADJ6679249

Regular

Jun 08, 2010

GREG TOBER vs. GARVEY SCHOOL DISTRICT; PERMISSIBLY SELF-INSURED, ADMINISTERED BY YORK, FORMERLY SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationLabor Code section 5813SanctionsWCJdiscovery issuebad faithfrivolousunnecessary delayPetition for Discovery Order

References

Case No. ADJ9719826

Regular

Aug 12, 2016

ABIGAIL FLORES vs. RISSE CONSTRUCTION CO., AMTRUST NORTH AMERICA

WCABPetition for ReconsiderationSanctionsOrder Imposing SanctionsBad Faith ActionsFrivolous ConductWCJLien ClaimUnnecessary DelayCertified Interpreter

References

Case No. ADJ6766189

Regular

Jul 03, 2012

MIRNA CERRATO AGUILAR vs. BEVERLY PAVILION ASSOCIATES, FIRSTCOMP OMAHA

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationIndustrial InjuryRoom AttendantLien ClaimantMedical TreatmentPenaltyInterestInsolent Conduct

References

Case No. ADJ6973825

Regular

May 21, 2012

MONICA BENARD vs. JENNY CRAIG, SEDGWICK CMS

Workers Compensation Appeals BoardMonica BenardJenny CraigSedgwick CMSADJ6973825ReconsiderationFindings and AwardLabor Code section 5814Medical Provider Network (MPN)chiropractic treatment

References

Case No. ADJ9932467

Regular

Oct 16, 2017

THERESA MCFARLAND vs. REDLANDS UNIFIED SCHOOL DISTRICT

References

Case No. Misc. No. 254

En Banc

Sep 21, 2011

vs. Daniel Escamilla

Labor Code Section 4907Privilege SuspensionRepresentative MisconductBad Faith ActionsFrivolous PleadingsMisrepresentations of FactAppeals Board RulesState Bar RulesWCJ SanctionsHearing Representative

References

Case No. ADJ6788427

Regular

Dec 15, 2009

Angela Nowicki vs. STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES, Adjusting Agency

References

Case No. ADJ7354587

Regular

Oct 02, 2012

STEVEN LUEVANO vs. JUNIOR'S CAR STEREO, FIRST COMP OMAHA FOR ENDURANCE INSURANCE COMPANY

References

Case No. VNO 521224

Regular

Sep 12, 2007

BEVERLY ROSS vs. VOLKSWAGEN PASADENA, AUTO DEALERS COMPENSATION OF CALIFORNIA c/o INTERCARE INSURANCE SERVICES

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalCompromise and ReleaseAttorney FeesTrust AccountLabor Code §5813SanctionsBad Faith ConductFrivolous Petition

References

Showing 1-10 of 738 results

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