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

Case No. ADJ7553654, ADJ7550664
Regular
May 16, 2016

JOSE REYES vs. WESTERN LIGHTWAVE, AIG

The Workers' Compensation Appeals Board (WCAB) denied a petition for disqualification filed in the case of Jose Reyes v. Western Lightwave; AIG. The Board adopted the findings of the workers' compensation administrative law judge (WCJ) in its decision. While the WCAB denied the disqualification, it noted with concern allegations of unprofessional conduct by the applicant's former attorney and reminded all participants of their duty to act professionally.

Petition for DisqualificationWCJ ReportUnprofessional ConductUncivil ConductApplicant's AttorneyDuty to Act ProfessionallyCourteous ConductWorkers' Compensation Appeals BoardAdministrative Law JudgeDenied Order
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. ADJ10531138
Regular
Mar 10, 2025

JOAN MARASON vs. QUALITY COMP. INC.; ATHENS ADMINISTRATORS

Lien claimant representative Alex Kauffman sought reconsideration of a WCJ's Findings and Order (F&O) which imposed monetary sanctions for disruptive and unprofessional conduct during a lien conference. Kauffman contended the F&O lacked adequate basis and did not reflect a review of the entire record. The Workers' Compensation Appeals Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings. This decision was based on concerns that a reasonable person might doubt the WCJ's impartiality given the WCJ was a potential witness to the events leading to the sanctions.

ADJ10531138Alex KauffmanPetition for ReconsiderationMonetary SanctionsDisruptive ConductUnprofessional ConductLien ConferenceNotice of Intent to Impose SanctionsWCJ ImpartialityRescinded Order
References
Case No. ADJ8011399 ADJ8967612 ADJ8967613
Regular
Feb 19, 2014

ENRIQUE DOMINGUEZ vs. WHOLE FOODS MARKETS, Permissibly SelfInsured

This case involves a dispute over attorney's fees for applicant's attorney arising from deposition conduct. The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior decision awarding attorney's fees. The Board found that while the applicant's attorney was entitled to fees under Labor Code section 5710(b)(4), the conduct of both attorneys during a deposition was unprofessional. The WCAB ultimately affirmed the award of attorney's fees but also addressed the attorneys' unprofessional conduct.

Deposition attorney's feesLabor Code section 5710(b)(4)Unprofessional conductCompromise and releaseIndustrial injuryTeam memberWCJ decisionPetition for removalMedical record developmentAgreed medical evaluator (AME)
References
Case No. MON 0325089 MON 0325090
Regular
Oct 05, 2007

NORA MEDEARIS vs. COUNTY OF LOS ANGELES

This case concerns the denial of an applicant's petition for reconsideration of a workers' compensation award. The applicant sought further temporary disability benefits beyond the 104-week limit imposed by Labor Code § 4656(c)(1). The Workers' Compensation Appeals Board denied the petition, finding the applicant failed to prove equitable estoppel against the defendant's application of the statutory limit, despite the defendant's initial refusal to authorize shoulder surgery. The Board adopted the WCJ's reasoning that the applicant did not demonstrate reliance on any conduct by the defendant that prevented her from timely pursuing authorization for the surgery.

Workers' Compensation Appeals BoardNora MedearisCounty of Los AngelesPermissibly Self-InsuredMON 0325089MON 0325090Opinion and Order Denying Petition for ReconsiderationInterim Joint Findings and AwardCentral Services TechnicianIndustrial Injury
References
Case No. ADJ6999645
Regular
Mar 04, 2011

SANDY DROUIN vs. HEALTHCARE PARTNERS, TRAVELERS DIAMOND BAR

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration because the underlying order denying a deposition was not a final order. The Board also denied the defendant's Petition for Removal, finding no showing of significant prejudice or irreparable harm. The defendant had argued the WCJ erred in denying their request to compel a deposition due to insufficient provision for travel expenses. The Board noted unprofessional conduct by both attorneys.

Petition for ReconsiderationPetition for RemovalOrder Denying Petition to Compel AttendanceDeposition CostsTransportation ExpensesAirline E-TicketTravel ExpensesFinal OrderSubstantive RightsIrreparable Harm
References
Case No. ADJ9664689
Regular
Apr 02, 2015

VICTOR LUO vs. PACIFIC PATHWAY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a sanctions order against applicant's attorneys. The attorneys argued due process violations based on alleged ex parte contact by the judge. The Board found the applicant's attorneys' petition contained misrepresentations of fact, justifying sanctions. Therefore, the Board issued a notice of intention to impose a $500 joint and several sanction against the law firm and its associate for unprofessional conduct and misleading pleadings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Imposing SanctionsWCJex parte contactdue processbad-faith actionsLabor Code section 5813Appeals Board Rule 10561(b)sanctions
References
Case No. ADJ1805281 (SRO 0129031) ADJ2019182 (SRO 0129032)
Regular
Jul 26, 2012

SANDRA MALVESTI vs. ROUND VALLEY UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board granted reconsideration and rescinded the prior order regarding attorney's fees. The Board is returning the case to the trial level to investigate allegations that the applicant's attorney engaged in unprofessional conduct to secure the applicant's consent to his fee request. If these allegations are not found credible, fees should be calculated based on the full settlement value, including Medicare Set-Aside funds, as established in prior case law. A new determination on attorney's fees will be issued after further proceedings.

Workers' Compensation Appeals BoardSandra MalvestiRound Valley Unified School DistrictKeenan & AssociatesAttorney's FeesReconsiderationCompromise and Release AgreementMedicare Set-Aside TrustCumulative Trauma InjuriesPetition to Reopen
References
Case No. ADJ768780 (FRE 0249044)
Regular
Aug 31, 2015

ANDRE PARENTEAU vs. GRIEF BROTHERS, INC., TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and modified a prior order, affirming the award of $5,252.50 in attorney's fees and costs against lien claimant AMR Group. While acknowledging AMR Group's egregious and meritless conduct, including filing a faulty Declaration of Readiness to Proceed, the WCAB rescinded a separate notice of intent to sanction. This second sanction notice was deemed improper as a prior WCJ had already addressed and dismissed a similar sanction for the same conduct. The WCAB emphasized that reissuing a sanction notice for the same actions violated due process.

Petition for ReconsiderationLien ClaimantDeclaration of Readiness to ProceedAttorney's FeesCostsNotice of Intent to SanctionEgregious ConductFrivolous ConductWCJAdjudicated
References
Case No. ADJ4230639
Regular
Nov 05, 2010

GARY FOSTER (Deceased), MANUEL VILLARREAL vs. RPI COATING, INC., SCIF INSURED FRESNO

This case involves the imposition of $\$ 250.00$ in sanctions against defendant's counsel, Sylvia Bedrossian, and her client, SCIF. The sanctions were issued for engaging in bad faith and/or frivolous conduct by failing to provide proper evidentiary citations and attaching documents not in evidence to a petition for reconsideration. The Appeals Board found this conduct wasted its limited resources. The matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardRemovalSanctionsLabor Code section 5813Board Rule 10561Bad Faith ConductFrivolous ConductImproper CitationsUnacknowledged ExhibitsPetition for Reconsideration
References
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