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

Case No. ADJ738549 (VNO 0522332)
Regular
Dec 17, 2012

JOSE RAMIREZ vs. PEDRO ALARCON, dba ALARCON IMPORTS \u0026 EXPORTS, UNINSURED EMPLOYERS BENEFIT TRUST FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Jose Ramirez's petition for reconsideration because it was not verified as required by Labor Code section 5902. Had the petition been verified, the WCAB would have denied it on the merits based on the administrative law judge's report, which found the applicant's credibility to be highly persuasive. Furthermore, the WCAB ordered the uninsured employer, Pedro Alarcon, to provide a verified statement of employee numbers as per Labor Code sections 3722(d) and (e) to determine applicable penalties. The WCAB also noted the employer had not secured workers' compensation insurance.

Petition for ReconsiderationVerified StatementLabor Code section 5902Uninsured EmployerWorkers' Compensation Appeals BoardReport and RecommendationWCJCredibilityLabor Code section 3722(d)Labor Code section 3722(e)
References
Case No. ADJ4641589
Regular
Mar 24, 2011

RONNEL FANIEL vs. CBS PERSONNEL HOLDINGS dba VENTURI STAFFING PARTNERS, INC., LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was not verified as required by Labor Code section 5902. The WCAB noted that even if the petition had been verified, they would have denied it on the merits based on the administrative law judge's report. The defendant's verified answer confirmed proper service of the Notice of Intention to Dismiss. Therefore, the petition for reconsideration was formally dismissed.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedVerified AnswerNotice of Intention to DismissEAMSWorkers' Compensation Appeals BoardWCJReport and Recommendation
References
Case No. ADJ3755565
Regular
Apr 27, 2010

JEAN CARDINALE vs. FIRST BLACKHAWK FINANCIAL CORPORATION, STATE FARM INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Reconsideration, upholding the original award to the applicant for industrial injuries to multiple body parts. The defendant's primary argument for reconsideration was the alleged improper admission of a psychological report, claiming it was not listed on the pre-trial conference statement. However, the Board found this contention to be factually incorrect, as the report was indeed listed and acknowledged by both parties. Consequently, the Board initiated removal on its own motion to issue sanctions against the defendant's law firm for filing a verified petition containing demonstrably false statements.

Workers' Compensation Appeals BoardIndustrial InjuryCumulative InjuryPsyche InjuryCervical Spine InjuryMedical Report AdmissibilityPre-Trial Conference StatementPetition for ReconsiderationQualified Medical EvaluatorLabor Code Section 5813
References
Case No. ADJ8589789
Regular
Jun 05, 2014

ANTONIA GARCIA vs. GOGLANIAN BAKERIES, CHUBB GROUP OF INSURANCE COMPANIES

The Workers' Compensation Appeals Board (WCAB) dismissed Antonia Garcia's Petition for Reconsideration against Goglanian Bakeries and Chubb Group of Insurance Companies. The dismissal was based on the petition's failure to meet the verification requirement of Labor Code section 5902. Even if it had been verified, the WCAB would have denied the petition on its merits, adopting the reasoning of the workers' compensation judge.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationVerified PetitionDenied on MeritsWCJ
References
Case No. ADJ7805840, ADJ7543597
Regular
May 12, 2016

Diana Muniz vs. Edward Chen, M.D., The Hartford Insurance Company of the Midwest

The Workers' Compensation Appeals Board denied a petition for reconsideration filed by lien claimant Jalil Rashti, M.D., and its representatives, deeming it a successive petition. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions of up to $1,000 against the lien claimant and its representatives. This action stems from their repeated filing of petitions containing inconsistent and allegedly false factual assertions, including claims of non-service and erroneous appearance at a lien conference. The Board found these actions potentially constituted bad faith tactics and frivolous litigation, warranting sanctions under Labor Code section 5813.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ConferenceFailure to AppearGood CauseSanctionsLabor Code Section 5813WCAB Rule 10561Successive Petition
References
Case No. ADJ4398425 (LAO 0875977) ADJ1647933 (LAO 0867627)
Regular
Jul 21, 2010

PHYLLIS MOSS vs. PriceWaterhouseCoopers, LLP, Chubb Services Corporation

This case involves a dispute over a mandatory settlement conference (MSC) where both parties claim the other was absent or improperly handled the proceedings. The Appeals Board granted removal due to conflicting records and confusing circumstances surrounding the MSC and a subsequent trial setting. The Board found the WCJ erred by setting the matter for trial after issuing an order taking it off calendar, despite conflicting accounts of attorney appearances. Consequently, the scheduled trial was converted to a status conference for further proceedings.

Petition for removalMandatory settlement conferenceOrder off calendarMinutes of HearingPre-Trial Conference StatementAgreed Medical Evaluator (AME)Status conferenceRemandedWCJWCAB
References
Case No. ADJ10612569
Regular
Mar 12, 2018

Patrick Wilder vs. The Ryan Company, Old Republic Insurance Company

This case concerns a defendant's petition for reconsideration of an award of temporary total disability (TTD) benefits to the applicant, Patrick Wilder. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the finding that Wilder sustained an injury to his left ankle and was temporarily totally disabled. The defendant failed to prove that Wilder was terminated for cause, which would have potentially ended his TTD benefits, and the WCAB found no credible evidence to support their allegations of misconduct or availability of modified duty. The WCAB also admonished the defendant and their counsel for making unsubstantiated factual claims in their petition, warning of potential sanctions.

Workers Compensation Appeals BoardPatrick WilderThe Ryan CompanyOld Republic Insurance CompanyGallagher Bassett ServicesInc.ADJ10612569Bakersfield District OfficePetition for ReconsiderationFindings Orders and Award
References
Case No. ADJ3679561
Regular
Oct 17, 2017

John Duran vs. Sunquest Builders, State Compensation Insurance Fund

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal filed by applicant's attorney, Roger Kampf, due to its withdrawal. Mr. Kampf acknowledged the petition contained inaccurate information. The WCAB admonished Mr. Kampf for filing a pleading with false or misleading statements, warning of potential sanctions for future similar conduct. The Board formally dismissed the Petition for Removal.

Petition for RemovalPetition for DisqualificationWithdraws PetitionInaccurate InformationFalse StatementsMisleading StatementsMisrepresentations of FactLabor Code section 5813Appeals Board 10561(b)(5)(A)Admonishment
References
Case No. ADJ11181283 ADJ11956417
Regular
Mar 30, 2020

GREGORIO PADILLA vs. USA WASTE OF CALIFORNIA, INC.; ACE AMERICAN INSURANCE, administered by GALLAGHER BASSETT SERVICES, INC.

The Workers' Compensation Appeals Board granted removal and rescinded an order compelling the applicant to attend a Qualified Medical Evaluation (QME). The original order was issued at a status conference where the applicant's attorney was reportedly late due to illness. The Board found that due process requires an opportunity for the applicant to challenge the order before it is issued, especially given the verified explanation for the attorney's late arrival. Consequently, the matter was returned to the trial level for further proceedings.

Petition for RemovalPanel Qualified Medical EvaluationWCJ OrderApplicant's AttorneyLate AppearanceDue ProcessRescind OrderReturn to Trial LevelPQMEIrreparable Harm
References
Case No. ADJ7805840 ADJ7543597
Regular
Jun 16, 2016

DIANA MUNIZ vs. EDWARD CHEN, M.D., THE HARTFORD INSURANCE COMPANY OF THE MIDWEST

The Workers' Compensation Appeals Board (WCAB) is imposing a $1,000 sanction against lien claimant Jalil Rashti, M.D., his representative Willard Sexton, and MJR Management Services. These parties are being sanctioned for filing a petition for reconsideration containing false, misleading, or baseless statements and for failing to follow the Board's explicit instructions on how to file objections. Their attempt to object was deemed invalid because it was misfiled and lacked specific factual basis to counter the Board's intention to sanction them. Ultimately, their repeated arguments and failure to grasp legal requirements demonstrated bad faith tactics.

Workers' Compensation Appeals BoardRemovalSanctionsLabor Code Section 5813WCAB Rule 10561Lien ClaimantLien RepresentativeMJR Management ServicesFalse StatementsMisleading Statements
References
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