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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. MON 284627
Regular
Aug 11, 2008

BEVERLY DE ROSA vs. STATE OF CALIFORNIA

The Workers' Compensation Appeals Board granted reconsideration to review a sanctions order against the defendant for alleged willful failure to comply with a prior order. The defendant's claims adjuster asserted they had provided the required earnings information within the deadline, which conflicted with the initial finding of non-compliance. The Board rescinded the sanctions and returned the case for further proceedings to determine whether the defendant actually complied with the order.

Workers' Compensation Appeals BoardBeverly De RosaState Compensation Insurance FundLabor Code section 5813willful failure to complySupplemental Findings and Order Imposing Sanctionsapplicant's earningscervical spinepsychestipulated Findings and Award
References
Case No. ADJ739750 (FRE 0217695) ADJ3422922 (FRE 0217696) ADJ4620151 (FRE 0217213)
Regular
Sep 23, 2010

JERRY P. WILLIAMS vs. GOLDEN STATE VINTNERS and STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) initially issued a Notice of Intention to Impose Sanctions against State Compensation Insurance Fund (SCIF) for failing to provide a computer printout of benefits. SCIF objected, asserting the printout was available at a prior Mandatory Settlement Conference (MSC) with a former attorney. Although the printout was not explicitly mentioned in the MSC pre-trial statement or offered at trial, the WCAB accepted SCIF's representation of its availability. Consequently, finding no willful failure to comply with a regulatory obligation, the WCAB dismissed the Notice of Intention to Impose Sanctions.

Workers' Compensation Appeals BoardNotice of Intention To Impose SanctionsWCAB Rule 10607computer printout of benefitsMandatory Settlement Conference (MSC)Declaration of Desiree A. Mercadopre-trial conference statementproposed exhibitsEAMSwillful failure to comply
References
Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ3512665 (ANA 0410076)
Regular

TROY GRANTZ vs. STATE FARM INSURANCE COMPANY, CNA CLAIMS, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied a Petition for Reconsideration in the case of Troy Grantz. The denial was based on the report of the workers' compensation administrative law judge, which the Board adopted. The Board also noted its authority to impose sanctions for bad-faith actions or tactics intended to cause unnecessary delay under Labor Code Section 5813. Sanctions can be applied to lien claimants or their representatives for actions such as repeated failure to appear without reasonable excuse.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportLabor Code § 5813SanctionsLien ClaimantBad Faith ActionsFrivolous TacticsUnnecessary Delay
References
Case No. ADJ7144166
Regular

PAULINA CORTEZ vs. KOOSHAREM CORP. dba SELECT STAFFING, ACE AMERICAN RISK COMPANY, C/O ESIS, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration, finding it was not a final order. The WCAB granted removal on its own motion to issue a notice of intention to impose sanctions against the lien claimant and its representatives. This action stems from the lien claimant's failure to appear at a properly noticed conference, misrepresentations regarding notice, and violations of procedural rules, constituting bad-faith tactics. Sanctions of $1,000 are proposed jointly and severally against the lien claimant and its representatives for these violations.

Labor Code 5813Rule 10561Petition for ReconsiderationNotice of Intention to DismissRemovalSanctionsBad Faith ActionsFrivolous TacticsLien ClaimantUnnecessary Delay
References
Case No. ADJ4646082 (OAK 0341803)
Regular
Jul 22, 2016

WILLIAM MATEO vs. B&C TRANSIT CONSULTANTS, INC.

The Workers' Compensation Appeals Board granted reconsideration to increase the applicant's award by 10% under Labor Code section 4554 due to the employer's willful failure to secure workers' compensation insurance. The Board found that the employer failed to meet its burden of proving its uninsured status was not willful, despite stipulations of uninsured status. The applicant's attorney's fees were also increased to include 15% of the penalty award.

Labor Code section 4554Willful failure to secure compensationPrima facie evidence of willfulnessIncreased compensationUninsured employers fundPetition for reconsiderationFindings of Fact and AwardDecision after reconsiderationTemporary disability indemnityPermanent disability indemnity
References
Case No. ADJ1323538 (SAC 0305102)
Regular
Jul 20, 2010

BRUCE LOCKWOOD vs. C.C. MEYERS, INC., C.C. MEYERS, AN INDIVIDUAL

This case involves an applicant seeking increased compensation due to serious and willful misconduct by his employer, C.C. Meyers, Inc. The applicant sustained significant injuries when an excavator ran over his foot, leading to its amputation. The Appeals Board overturned the Workers' Compensation Judge's denial, finding that the employer's failure to provide a spotter for the excavator constituted serious and willful misconduct. This failure to provide a spotter, coupled with the employer's knowledge of the risks and intentional disregard for safety, was determined to be a proximate cause of the applicant's injury. As a result, the applicant's compensation will be increased by one-half.

Serious and Willful MisconductEmployer LiabilityIndustrial InjuryProximate CauseSafe Place of EmploymentFailure to Provide SpotterExcavator SafetyCalOSHA Safety Order 1592ReconsiderationWorkers' Compensation Appeals Board
References
Case No. ADJ8596014
Regular
Nov 07, 2018

DION GEORGE vs. KJI PLUMBING, INC., ZURICH AMERICAN INSURANCE COMPANY

This case involves a $\$ 750$ sanction imposed by a WCJ against defense counsel and KJI Plumbing for defense counsel's failure to appear at a hearing. The Appeals Board granted reconsideration, finding the failure to appear was due to defense counsel's negligence, not willful misconduct. Consequently, the Board reduced the sanction to $\$ 250$ and removed KJI Plumbing as a liable party, solely sanctioning defense counsel and his law office. The Board cautioned that future failures to appear could establish a pattern justifying larger sanctions.

Petition for ReconsiderationOrder Imposing SanctionsWCJDefense CounselJointly and SeverallyUninsured Employers Benefits Trust FundMandatory Settlement ConferenceDeclaration of ReadinessLabor Code § 5813WCAB Rule 10561
References
Case No. ADJ4704248 (SJO 0269173)
Regular
Feb 09, 2012

MATTHEW WILL (Deceased), DIANA WILL (Widow) vs. STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY AND FIRE PROTECTION, STATE COMPENSATION INSURANCE FUND

This case concerns whether the deceased firefighter Matthew Will's minor children are entitled to continuation benefits beyond the standard death benefit. The defendant argued that continuation benefits under Labor Code section 4703.5 are only available when there is no surviving totally dependent parent, and since the widow qualifies, the children are not eligible. The Workers' Compensation Appeals Board affirmed the original award, holding that the amendment to section 4703.5 intended to augment benefits rather than restrict them. They found the reference to section 3501 was to clarify which children qualify, not to preclude benefits when a parent survives.

WCABMatthew WillDiana WillDepartment of Forestry and Fire ProtectionLegally UninsuredState Compensation Insurance FundReconsiderationFindings Award and OrderDeath BenefitsLabor Code section 4702
References
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