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

Case No. ADJ2543755 (LAO 0831288)
Regular
Oct 26, 2015

HERIBERTO ARGUETA vs. MILLENNIUM MULTISPECIALTY MEDICAL GROUP, STATE FARM INSURANCE COMPANY

Pinnacle Lien Services' petition for reconsideration was granted because the Workers' Compensation Appeals Board (WCAB) lacked personal jurisdiction over Pinnacle when sanctions were imposed. The WCAB found that Pinnacle was never properly joined as a party nor given adequate notice of the proceedings leading to the sanctions. Despite this finding, the WCAB intends to impose a sanction on Pinnacle for failing to timely address the wrongly issued order, which wasted WCAB resources. Therefore, the prior order imposing sanctions on Pinnacle is rescinded, but Pinnacle faces potential new sanctions for its delay.

Pinnacle Lien ServicesPetition for ReconsiderationPetition to Set AsideLabor Code section 5804jurisdictionpersonal jurisdictiondue processNotice of Intent to SanctionJoint Findings and Ordersremoval
References
4
Case No. ADJ3533713
Regular
Nov 07, 2011

JUANA LOPEZ vs. THE MERCHANT OF TENNIS, HARTFORD INSURANCE

The Workers' Compensation Appeals Board (WCAB) removed this matter for the purpose of imposing sanctions. The WCAB found that the petition for reconsideration filed by SIR Practice Solutions, LLC on behalf of several lien claimants was skeletal, unintelligible, and violated multiple WCAB rules regarding evidentiary and legal support. The lien claimants and SIR Practice Solutions, LLC failed to object to the Notice of Intention to Impose Sanctions within the allotted time. Therefore, the WCAB imposed sanctions of $250.00 against each individual lien claimant and found SIR Practice Solutions, LLC jointly and severally liable for these sanctions.

Workers' Compensation Appeals BoardRemovalSanctionsLien ClaimantsSIR Practice SolutionsPetition for ReconsiderationSkeletal PetitionAppeals Board Rule 10846Labor Code Section 5813Notice of Intention to Impose Sanctions
References
6
Case No. ADJ361974
Regular
Feb 11, 2013

ANA VELASQUEZ vs. AMERICAN BUILDING MAINTENANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a $1,000 sanction against applicant's attorney, Peter T. Brown, and his firm. The original sanction was for violating rules regarding supervision of non-attorney employees and requiring specific written authorization for settlement documents. The WCAB found Brown's conduct, including alleged misrepresentations and failure to adequately supervise his employee's submission of a compromise and release without full disclosure, warranted an increased sanction. The WCAB is now considering imposing a sanction of up to $2,500 and has given Brown an opportunity to show cause why this increase is not warranted.

Workers' Compensation Appeals BoardSanctionsPetition for ReconsiderationFindings and OrderAdministrative Law JudgeCompromise and ReleaseSupervisionWritten AuthorizationCumulative TraumaGood Faith Negotiation
References
0
Case No. ADJ7199989, ADJ7118722
Regular
Feb 13, 2012

JUAN CERVANTES vs. WESTERN MEDICAL CENTER, HARTFORD

The Workers' Compensation Appeals Board (WCAB) sanctioned applicant's attorney, Sunil Shaw, for $\$250.00$. This sanction was imposed for violating Appeals Board Rule 10842, related to proceedings before the Board. The WCAB granted removal on its own motion and issued a notice of intention to sanction, to which no objection was received. The sanction amount has been paid.

Workers' Compensation Appeals BoardRemovalSanctionLabor Code Section 5310Appeals Board Rule 10842Notice of Intention to SanctionApplicant's AttorneyShow Good CauseDecision After RemovalWestern Medical Center
References
0
Case No. ADJ620397 (RIV 0056438)
Regular
Jan 24, 2012

IGNACIO FLORES vs. FLEETWOOD ENTERPRISES, INC.

The Workers' Compensation Appeals Board (WCAB) imposed a $\$500$ sanction against Andrew Flores and Tustin Hospital and Medical Center, jointly and severally. This sanction was due to their filing of a frivolous petition with improper legal citations. Furthermore, they repeatedly failed to appear at scheduled hearings for the case. Neither party responded to the WCAB's notice of intention to issue sanctions. Consequently, the sanctions are ordered for their bad faith actions and tactics.

Workers' Compensation Appeals BoardRemovalSanctionsLab. Code § 5813Frivolous PetitionImproper CitationsFailure to AppearBad Faith ActionsLien ClaimantTustin Hospital and Medical Center
References
0
Case No. ADJ1514704 (ANA 0401964) ADJ2766732 (ANA 0401698)
Regular
Jun 15, 2015

SALVADOR PADILLA vs. CDK PLUMBING, VIRGINIA SURETY COMPANY

The Workers' Compensation Appeals Board (WCAB) is imposing a $1,500 sanction on lien claimant Psychological Assessment Services and its representative, Claribel Palacios. This sanction is for filing a skeletal and unsubstantiated Petition for Reconsideration that lacked reasonable justification. The WCAB also notes that the lien claimant improperly e-filed their objection to the sanctions despite explicit instructions to file it directly with the Commissioners' office. The lien claimant's objection failed to demonstrate good cause to avoid the sanctions.

Petition for ReconsiderationFindings and Order Re: Liensskeletal pleadingreasonable justificationsanctionsObjectiongood causejointly and severallyGeneral Fundjurisdiction returned
References
0
Case No. ADJ1700843
Regular
Oct 08, 2012

YANFEN SITU vs. SWEDA COMPANY, LLC, BERKSHIRE HATHAWAY

The Workers' Compensation Appeals Board (WCAB) imposed a $250 sanction against hearing representative Lilibeth Gomez and lien claimant SJT & Associates. This sanction arose from their filing of an untimely and meritless Petition for Reconsideration that was also not properly served on the defendant's counsel. The WCAB previously issued a Notice of Intention to Impose Sanctions, and no objection was filed within the allotted timeframe. Therefore, the sanction is now officially assessed, payable jointly and severally.

Workers' Compensation Appeals BoardRemovalSanctionsPetition for ReconsiderationUntimely FilingService ViolationLabor Code section 5813Appeals Board Rule 10561Notice of Intention to Impose SanctionsGood Cause
References
0
Case No. ADJ3758649 (SAL 0085688)
Regular
Apr 11, 2014

, Enrique vs. , MONTEREY MUSHROOMS, INC.;, CALIFORNIA INSURANCE GUARANTEE, ASSOCIATION for SUPERIOR NATIONAL, INSURANCE COMPANY, in liquidation,, administered by SEDGWICK CMS,

The Workers' Compensation Appeals Board (WCAB) reviewed defendant Monterey Mushrooms' Petition for Reconsideration regarding applicant Enrique Castaneda's knee injury. While affirming the WCJ's findings of injury and need for future medical care, the WCAB issued a Notice of Intention to Impose Sanctions against defendant's counsel. This notice cites unprofessional and disrespectful language used in the petition, deeming it potentially frivolous and in bad faith. The WCAB will issue a final decision on sanctions and the merits of the reconsideration after allowing time for a written objection.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactRight Knee InjuryDate of InjuryStatute of LimitationsFuture Medical CareSanctionsBad Faith ActionsFrivolous Tactics
References
0
Case No. ADJ7206906
Regular
Oct 01, 2013

GERARDO BOLLAS vs. CALPAK LANDSCAPE, INC., DELOS INSURANCE CO.

The Workers' Compensation Appeals Board (WCAB) affirmed a judge's order dismissing lien claimant New Age Translations and its representative, Gina Correla, for failing to appear at a lien conference without good cause. The WCAB also imposed a $\$1,000$ sanction against them jointly and severally. This decision followed their failure to respond to the WCAB's notice of intent to sanction and their continued failure to verify their petition for reconsideration.

Lien claimantSanctionReconsiderationWCJLien conferenceGood causeFailure to appearUnverified petitionAppeals BoardJointly and severally
References
1
Case No. ADJ673354 (ANA 0365640)
Regular
Oct 22, 2013

HECTOR PASILLAS vs. JP GERGEN CONSTRUCTION, MIDCENTURY INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) imposed sanctions of $1,500 on a lien claimant and its representatives for filing an untimely and unjustified Petition for Reconsideration. The Petition contained material misrepresentations, lacked merit, and was improperly verified. The WCAB also awarded the defendant $1,650 in attorney's fees and costs. The lien claimant's untimely and insufficient response did not provide good cause to avoid sanctions. Jurisdiction was returned to the trial level after the sanctions were ordered.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingSanctionsLegal Service BureauBack Pain Chiropractic CenterDr. HewkoMisrepresentationWithout MeritDefective Verification
References
0
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