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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. ADJ3792740 (OAK 0325116)
Regular
Dec 12, 2008

BONNIE REDDRICK vs. TENET/DOCTORS MEDICAL CENTER

This case concerns an award of appellate costs to the applicant's attorney. The Court of Appeal remanded the matter for the determination of these costs following the denial of the defendant's petition for review. The Appeals Board awarded $152.21 in costs, representing verifiable delivery expenses, as in-house copying, mailing, and labor costs are considered overhead and not recoverable.

Workers' Compensation Appeals BoardPetition for Writ of ReviewAppellate CostsLabor Code § 5811Johnson v. Workers' Comp. Appeals Bd.Supreme Court of CaliforniaItemized CostsDelivery CostsMailing CostsCopying Costs
References
Case No. ADJ1839916 (LBO 0396758)
Regular
Apr 19, 2016

JORGE LOPEZ vs. FASHION AVENUE INC., dba INTERNATIONAL GRAPHICS; FIRST COMP OMAHA, MARKEL INSURANCE

The Workers' Compensation Appeals Board granted reconsideration to Ramirez & Associates regarding sanctions imposed by an administrative law judge. While affirming the jurisdiction to sanction Ramirez & Associates, the Board reduced the awarded costs from $1,376.00 to $1,152.00 due to excessive attorney time billed for travel and appearance at a lien conference. The Board rescinded the original order and substituted it with a new one imposing $1,000.00 in sanctions and the reduced costs.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Imposing SanctionsNotice of Intention to Impose SanctionsGood CauseJurisdictionDue Process ViolationExcessive SanctionsAttorney FeesCosts
References
Case No. ADJ8423237
Regular
Nov 09, 2016

RUBEN SALINAS vs. MAGALY CORPORATION, AMTRUST NORTH AMERICA

The Workers' Compensation Appeals Board denied reconsideration, affirming that the lien claimant received due process despite the absence of a formal Notice of Intention to Impose Sanctions. The Board found that the lien claimant had multiple opportunities to respond to the defendant's detailed petitions for sanctions and costs, including a hearing and subsequent amended filings. Therefore, the lien claimant had adequate notice and the opportunity to be heard, satisfying due process requirements.

WCABPetition for Reconsideration DeniedLien ClaimantDue ProcessNotice and Opportunity to be HeardPetition for SanctionsLabor Code § 5813WCJ Report AdoptedSanctions IssueAmended Petition for Sanctions
References
Case No. ADJ3897299
Regular
Jul 07, 2010

CARMEN SANTANGELO vs. NEWPORT-MESA UNIFIED SCHOOL DISTRICT

The Workers' Compensation Appeals Board (WCAB) dismissed Dr. Hewko's petition for reconsideration because it was not taken from a final order, but rather an interim order remanding the case for further proceedings. The WCAB's prior decision noted unclear reasons for joint liability for sanctions against Dr. Hewko and his representative. The Board clarified that the petition was premature as the WCJ had not yet fully addressed Dr. Hewko's potential liability for attorney's fees and costs, distinguishing between punitive sanctions and awards of fees/costs.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalFinal OrderInterim OrderSanctionsBad Faith ActionsHearing RepresentativeAttorney's FeesCosts
References
Case No. ADJ332528 (AHM 0104042)
Regular
Mar 22, 2011

ERNEST DANIELS vs. PIEDMONT ENGINEERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board imposed a $250.00 sanction against the State Compensation Insurance Fund and its attorney, Maria Frias Callejas. This sanction was issued due to their failure to respond to a Notice of Intention to Impose Sanctions and their violation of the Board's Rules of Practice and Procedure. No timely objection demonstrating good cause was filed. Consequently, they are jointly and severally liable for the payment of the sanction to the Appeals Board.

Workers' Compensation Appeals BoardSanctionsState Compensation Insurance FundMaria Frias CallejasRules of Practice and ProcedureNotice of IntentionGood CauseTimely ResponseJoint and Several LiabilityAttorney for Defendant
References
Case No. ADJ9613492
Regular
Sep 05, 2025

BRIGITTE PAIGE vs. COUNTY OF RIVERSIDE

Brigitte Paige, an office assistant, sustained injuries to her lumbar spine, hip, and psyche in 2014 while employed by the County of Riverside. San Diego Imaging, Inc., doing business as California Imaging Solutions, sought reimbursement for medical-legal services which the Workers' Compensation administrative law judge (WCJ) denied in Findings and Orders (F&O) on December 21, 2020. The Appeals Board granted reconsideration and found that the defendant's objection to an earlier Order Allowing Costs was untimely, making that order effective on April 2, 2019. Consequently, the Board rescinded the WCJ's F&O, substituted a new F&O finding the defendant liable for payment based on the April 2, 2019 order, and deferred the issue of costs and sanctions to the trial level.

Workers' Compensation Appeals BoardReconsiderationFindings and OrdersCost PetitionerMedical-Legal ServicesSubpoena Duces TecumCompromise and ReleaseStipulations with Request for AwardOrder Allowing CostsTimeliness of Objection
References
Case No. ADJ8802401
Regular
Sep 19, 2017

ROBERT MIKE CAPES vs. COUNTY OF SAN BERNARDINO SHERIFF’S DEPARTMENT

The applicant's attorney sought reconsideration of a prior order denying the defendant's petition for reconsideration regarding sanctions and fees. The applicant's attorney argued the Board erred in upholding the finding that the defendant's attorney engaged in sanctionable conduct. The Board granted the applicant's petition for reconsideration, affirming its previous order but clarifying that the sanctionable conduct was committed by Sammy Rabieh of the Law Office of Louis D. Seaman, not Mr. Seaman himself. The ultimate decision affirmed the original findings regarding sanctionable conduct and the award of attorney's fees and costs to the applicant's attorney.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsFees and CostsWorkers' Compensation Administrative Law JudgeSanctionable ConductAttorney's FeesLaw Offices of Louis D. SeamanSammy RabiehRichard W. Smith
References
Case No. ADJ9332730 ADJ9332756
Regular
May 07, 2015

MARIA LUZ MEZA vs. GRAPEMAN LABOR, ZENITH INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded an order for applicant to pay $1,637.32 in attorney's fees and costs to the defendant. The Board found that applicant did not receive proper notice or an opportunity to be heard before sanctions were imposed, and that the ordered costs were excessive. Furthermore, the Board determined there was insufficient evidence of bad-faith actions or frivolous tactics to warrant sanctions under Labor Code section 5813. The case was returned to the trial level for a decision on the applicant's underlying claims.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for Fees and CostsLabor Code Section 5813Bad Faith ActionsSanctionsDue ProcessNotice and Opportunity to Be HeardWCJ Order RescindedExcessive Costs
References
Case No. ADJ4086603 (LAO 0829698) ADJ4469358 (LAO 0829699)
Regular
May 01, 2009

ADA ROZENBLAT vs. CEDARS SINAI HEALTH SYSTEM

This Workers' Compensation Appeals Board notice addresses a dispute over attorney's fees and costs awarded as sanctions. The defense seeks $800.50 for opposing a petition for reconsideration, while applicant's counsel, Daniel Escamilla, concedes only $540.00. The Board finds $800.50 reasonable and proposes to award this amount to defense counsel, Pearlman, Borska & Wax, L.L.P. This award is separate from any other sanctions payable to the General Fund.

WORKERS' COMPENSATION APPEALS BOARDADA ROZENBLATCEDARS SINAI HEALTH SYSTEMADJ4086603ADJ4469358ATTORNEY'S FEESCOSTSSANCTIONSLABOR CODE § 5813PETITION FOR RECONSIDERATION
References
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