Updated Daily

Case Law Database

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

Case No. ADJ356153 (LAO 0887403)

Regular

May 21, 2009

SANTIAGO IBARRA vs. ABM INDUSTRIES, INC., Administered By ESIS

The Workers' Compensation Appeals Board (WCAB) dismissed defendant ABM Industries' Petition for Reconsideration because the WCJ's order compelling a new QME panel was interlocutory, not a final determination of substantive rights. The WCAB also denied defendant's request for removal, finding no substantial prejudice or irreparable harm to justify the extraordinary remedy. The WCJ's prior order had denied defendant's request to compel a medical evaluation and ordered a new QME panel due to concerns about defendant's advocacy letter to the original QME. The WCAB adopted the WCJ's reasoning, deeming the interlocutory procedural order not subject to reconsideration.

Workers' Compensation Appeals BoardABM IndustriesInc.ESISSantiago IbarraPetition for ReconsiderationDenial of RemovalQualified Medical EvaluatorQME paneladvocacy letter

References

Case No. ADJ2623740

Regular

Dec 13, 2010

MARTHA HERNANDEZ vs. MARRIOTT INTERNATIONAL, INC.

The Appeals Board rescinded its Notice of Intention to Impose Sanctions against CMS Network, Inc. and its representatives, Dominic D. Arguello and Randal Hollien. Initially, sanctions were considered due to repeated misstatements of law concerning a lien claimant's burden of proof in petitions for reconsideration. Although zealous advocacy is not an excuse for legal misstatements, the Board found no intent to mislead and acknowledged the respondents' understanding of correct legal precedent. The matter is returned to the trial level, with the Board emphasizing that lien claimants bear the burden of proving the reasonableness of their fees, citing precedent like *Kunz* and *Tapia*.

WCABRemovalSanctionsLien claimant burden of proofPetition for reconsiderationHearing representativesZealous advocacyMisstatements of lawEn banc decisionsBinding precedent

References

Case No. ADJ2572472 (STK 0211277)

Regular

Dec 16, 2013

Eugene Bogarin vs. CITY OF STOCKTON

The defendant sought reconsideration of a decision denying sanctions against the applicant's attorney for alleged bad faith. The Workers' Compensation Appeals Board (WCAB) denied the petition, upholding the administrative law judge's finding that no sanctionable conduct occurred. While not finding the conduct warranting sanctions in this instance, the WCAB strongly admonished both the applicant's attorney and his clinic for filing a seemingly frivolous Petition to Reopen without client communication, which wasted resources. The WCAB cautioned that future similar conduct could be deemed sanctionable.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of Fact and OrderAdministrative Law JudgeSanctionsLabor Code Section 5813Appeals Board Rule 10561Attorney's FeesCostsPetition to Reopen

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. ADJ1298920

Regular

Dec 05, 2011

TRUDY LEE vs. CHILDREN'S HOSPITAL, ZENITH INSURANCE COMPANY

In this workers' compensation case, the defendant filed a petition to disqualify the Administrative Law Judge (WCJ) based on alleged enmity and bias demonstrated by comments made at a lien trial. The WCJ acknowledged being overly zealous in settlement discussions and apologized for any outburst but denied bias or prejudice. The Workers' Compensation Appeals Board reviewed the record and found no evidence of bias or prejudgment by the WCJ. Therefore, the petition for disqualification was denied.

WCABPetition for DisqualificationAdministrative Law JudgeEstrinLien TrialEnmityBiasUnqualified OpinionReport and RecommendationOverly Zealous

References

Case No. ADJ886832 (VNO 0463817) ADJ7239162 ADJ7559804

Regular

Apr 17, 1977

MARGOT LOWE vs. SAV-ON DRUGS and SEDGWICK CMS, CVS and GALLAGHER BASSETT

The Appeals Board dismissed Sav-On Drugs' Petition for Reconsideration because it was not taken from a "final" order, but rather an interlocutory procedural decision. The Board also denied the petition for removal, finding no showing of substantial prejudice or irreparable harm. This denial does not preclude Sav-On from raising its objections in a future petition for reconsideration of a final decision. The Board specifically noted that the disputed advocacy letter to the Agreed Medical Evaluator did not appear to affect the AME's findings.

Petition for ReconsiderationDenying RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory OrderAgreed Medical EvaluatorAdvocacy LetterLabor Code Section 4062.3Substantial Prejudice

References

Case No. ADJ10887066 ADJ10887074

Regular

Nov 14, 2018

RAUL JUAREZ vs. EB DESIGN, INC., THE HARTFORD INSURANCE

This case concerns defendant's ex parte communication with a QME, specifically sending surveillance video and an advocacy letter without proper notice. The WCAB granted removal, rescinded the trial judge's order striking the QME report, and remanded the case. The Board clarified that WCAB Rule 10507 extends the timeframe for applicant to object to non-medical records, but not the defendant's initial service deadline under Labor Code section 4062.3(b).

RemovalJoint Findings of FactOrder and Opinion on DecisionQualified Medical EvaluatorQME panelorthopedic surgerystrickeninadmissibleLabor Code section 4062.3ex parte communication

References

Case No. ADJ7745775

Regular

Jun 16, 2015

ENRIQUE CASTANEDA vs. MONTEREY MUSHROOMS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For SUPERIOR NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) affirmed the February 4, 2014 Findings of Fact and awarded further medical treatment for applicant Enrique Castaneda against Monterey Mushrooms, Inc. The WCAB also imposed sanctions of $500.00 against defense counsel Peter R. Nelson and his firm, jointly and severally, for intemperate language used during advocacy. Defense counsel's objection and apology were considered, leading to a reduced sanction amount. The sanctions were justified by the board's need to address the counsel's inappropriate language, which diverted resources.

Workers' Compensation Appeals BoardReconsiderationSanctionsIntemperate languageHeat of advocacyDefense counselPetition for ReconsiderationFindings of FactFurther medical treatmentAward

References

Case No. ADJ11262392

Regular

Mar 08, 2019

JUAN CARLOS GONZALEZ vs. REAL TIME STAFFING SERVICES, LLC, EXCEL INSURANCE AMERICA, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was not filed from a final order. However, the WCAB granted the applicant's petition for removal, rescinded the WCJ's findings, and returned the case to the trial level. This action was taken because the record was incomplete, lacking crucial medical records and evidence of service, preventing meaningful review and a proper decision. The WCAB emphasized the need for a developed record and encouraged the parties to resolve the dispute regarding the advocacy letter informally.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalPanel Qualified Medical EvaluatorPQME advocacy letterSanctionsFindings and Notice of IntentInterlocutory orderFinal orderAdmitted evidence

References

Case No. ADJ9267687

Regular

Apr 02, 2019

NORMA DE JESUS ZARAGOZA vs. FRANCHISE INVESTMENT CORPORATION dba ROUND TABLE PIZZA and TRUCK INSURANCE EXCHANGE/FARMERS INSURANCE GROUP, EMPLOYERS COMPENSATION INSURANCE GROUP

The Workers' Compensation Appeals Board imposed a $500 sanction against applicant's attorney, Peter T. Nguyen, and his law firm. This sanction arose from attaching over 325 pages of exhibits, many not in evidence, to a petition, violating WCAB rules regarding page limits and proper exhibit submission. The attorney's claim of inexperience was rejected, as attorneys are responsible for knowing and adhering to procedural rules, and zealous advocacy does not excuse rule violations. The Board also noted the attorney's failure to adequately cite the trial record in support of his petition.

WCABRemovalSanctionsLabor Code section 5813WCAB Rule 10561WCAB Rule 10842WCAB Rule 10845WCAB Rule 10856Petition for ReconsiderationExhibits

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. ADJ356153 (LAO 0887403)

Regular

May 21, 2009

SANTIAGO IBARRA vs. ABM INDUSTRIES, INC., Administered By ESIS

Workers' Compensation Appeals BoardABM IndustriesInc.ESISSantiago IbarraPetition for ReconsiderationDenial of RemovalQualified Medical EvaluatorQME paneladvocacy letter

References

Case No. ADJ2623740

Regular

Dec 13, 2010

MARTHA HERNANDEZ vs. MARRIOTT INTERNATIONAL, INC.

WCABRemovalSanctionsLien claimant burden of proofPetition for reconsiderationHearing representativesZealous advocacyMisstatements of lawEn banc decisionsBinding precedent

References

Case No. ADJ2572472 (STK 0211277)

Regular

Dec 16, 2013

Eugene Bogarin vs. CITY OF STOCKTON

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. ADJ1298920

Regular

Dec 05, 2011

TRUDY LEE vs. CHILDREN'S HOSPITAL, ZENITH INSURANCE COMPANY

WCABPetition for DisqualificationAdministrative Law JudgeEstrinLien TrialEnmityBiasUnqualified OpinionReport and RecommendationOverly Zealous

References

Case No. ADJ886832 (VNO 0463817) ADJ7239162 ADJ7559804

Regular

Apr 17, 1977

MARGOT LOWE vs. SAV-ON DRUGS and SEDGWICK CMS, CVS and GALLAGHER BASSETT

Petition for ReconsiderationDenying RemovalFinal OrderSubstantive RightThreshold IssueInterlocutory OrderAgreed Medical EvaluatorAdvocacy LetterLabor Code Section 4062.3Substantial Prejudice

References

Case No. ADJ10887066 ADJ10887074

Regular

Nov 14, 2018

RAUL JUAREZ vs. EB DESIGN, INC., THE HARTFORD INSURANCE

RemovalJoint Findings of FactOrder and Opinion on DecisionQualified Medical EvaluatorQME panelorthopedic surgerystrickeninadmissibleLabor Code section 4062.3ex parte communication

References

Case No. ADJ7745775

Regular

Jun 16, 2015

ENRIQUE CASTANEDA vs. MONTEREY MUSHROOMS, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION For SUPERIOR NATIONAL INSURANCE COMPANY

Workers' Compensation Appeals BoardReconsiderationSanctionsIntemperate languageHeat of advocacyDefense counselPetition for ReconsiderationFindings of FactFurther medical treatmentAward

References

Case No. ADJ11262392

Regular

Mar 08, 2019

JUAN CARLOS GONZALEZ vs. REAL TIME STAFFING SERVICES, LLC, EXCEL INSURANCE AMERICA, INC.

References

Case No. ADJ9267687

Regular

Apr 02, 2019

NORMA DE JESUS ZARAGOZA vs. FRANCHISE INVESTMENT CORPORATION dba ROUND TABLE PIZZA and TRUCK INSURANCE EXCHANGE/FARMERS INSURANCE GROUP, EMPLOYERS COMPENSATION INSURANCE GROUP

WCABRemovalSanctionsLabor Code section 5813WCAB Rule 10561WCAB Rule 10842WCAB Rule 10845WCAB Rule 10856Petition for ReconsiderationExhibits

References

Showing 1-10 of 27 results

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