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

Case No. ADJ10160818; ADJ1459849
Regular
Oct 27, 2025

PHILIP SCHULTZ vs. SAITEK INDUSTRIES, LTD.; CIGA

This case involves Philip Schultz, who filed an application for adjudication claiming a back injury. Travelers Indemnity Company (Travelers) sought reconsideration of a prior Appeals Board decision that erroneously identified Travelers as the workers' compensation carrier for Saitek Industries, Ltd. in 2001, despite Travelers having been dismissed from the case due to lack of coverage. The Appeals Board granted Travelers' petition for reconsideration, acknowledging its constitutional mandate to ensure substantial justice and correct clerical errors. The Board issued a notice of intention to amend its December 4, 2023 decision to strike the erroneous Finding 2, which incorrectly attributed coverage to Travelers.

Petition for ReconsiderationClerical ErrorWorkers' Compensation Appeals BoardDeclaraton of ReadinessCompromise and ReleaseCumulative InjurySubstantial JusticeDue ProcessNotice and Opportunity to Be HeardJurisdiction
References
18
Case No. MISSING
Regular Panel Decision

Spherenomics Global Contact Centers v. Vcustomer Corp.

Plaintiff Spherenomics Global Contact Centers sued defendant vCustomer Corporation for breach of a non-solicitation agreement, breach of implied covenant of good faith and fair dealing, promissory estoppel, and unjust enrichment. Spherenomics, a provider of outsourced call-center services, alleged that VCC, its subcontractor, improperly solicited and secured a long-term contract with their mutual client, Fingerhut, in violation of their November 2002 agreement. While the court found that VCC indeed breached the non-solicitation provision, it ultimately ruled in favor of VCC. The court concluded that Spherenomics failed to prove by a preponderance of the evidence that VCC's breach directly caused Spherenomics to suffer damages, specifically lost profits, deeming such claims too speculative to be recoverable under New York contract law or equitable theories.

Breach of ContractNon-Solicitation AgreementLost ProfitsDamagesCausationPromissory EstoppelUnjust EnrichmentContract LawNew York LawFederal Jurisdiction
References
32
Case No. ADJ9664689
Regular
Apr 02, 2015

VICTOR LUO vs. PACIFIC PATHWAY, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a sanctions order against applicant's attorneys. The attorneys argued due process violations based on alleged ex parte contact by the judge. The Board found the applicant's attorneys' petition contained misrepresentations of fact, justifying sanctions. Therefore, the Board issued a notice of intention to impose a $500 joint and several sanction against the law firm and its associate for unprofessional conduct and misleading pleadings.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationOrder Imposing SanctionsWCJex parte contactdue processbad-faith actionsLabor Code section 5813Appeals Board Rule 10561(b)sanctions
References
0
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
13
Case No. SRO 0088351
Significant
Mar 20, 2002

Cheryl Coldiron vs. Compuware; Permissibly Self-Insured, by And through Gallagher Bassett Services, Inc., Adjusting Agent

The board issues a notice of intent to sanction a third-party administrator for failing to disclose the correct insurance carrier for over six years and schedules a conference to clarify the employer-insurer relationship.

Workers' Compensation Appeals BoardEn BancPetition for ReconsiderationFindings and AwardPermissibly Self-InsuredThird-Party AdministratorHigh Self-Insured RetentionSanctionsLabor Code Section 5813Excusable Error
References
5
Case No. ADJ12226694, ADJ12414651, ADJ12414992, ADJ12414993
Significant
Jun 17, 2024

GUILLERMO GONZALEZ, et al., Applicants vs. THE BICYCLE CASINO; ARCH INDEMNITY INS. CO., administered by GALLAGHER BASSETT, et al., Defendants

The Appeals Board consolidates two cases and issues a notice of intent to impose sanctions and costs against attorney Susan Garrett and hearing representative Lance Garrett for filing petitions for reconsideration with the willful intent to disrupt or delay proceedings.

Labor Code Section 5813SanctionsCostsAttorney's FeesImproper MotiveFrivolousUnnecessary DelayPetitions for ReconsiderationOrder Approving Compromise and ReleaseWillful Intent
References
13
Case No. ADJ8965291; ADJ10451326; ADJ10750348; ADJ15382349; ADJ15382351; ADJ16951068; ADJ16951573; ADJ16953628; ADJ16953629; ADJ16124753; ADJ16124750; ADJ17290772; ADJ16953860
Significant

Alfredo Ledezma, et al. vs. Kareem Cart Commissary and Mfg, State Compensation Insurance Fund, et al.

The Workers' Compensation Appeals Board consolidates eight cases and issues a notice of intent to impose sanctions against attorney Susan Garrett and hearing representative Lance Garrett for a pattern of filing frivolous petitions for reconsideration with the intent to delay trial proceedings.

WCABen bancconsolidationsanctionscostsattorney's feesremovalreconsiderationLabor Code section 5813willful intent
References
12
Case No. ADJ13332737, ADJ15218980, ADJ12640295
Significant
Jun 17, 2024

ABEL HIDALGO, et al. vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al.

The Workers' Compensation Appeals Board consolidates three cases to address sanctions against attorney Susan Garrett and hearing representative Lance Garrett for filing petitions for reconsideration with the intent to disrupt or delay trial proceedings, issuing a notice of intent to impose sanctions and costs.

En BancSanctionsCostsAttorney's FeesLabor Code 5813Willful IntentImproper MotiveFrivolousDelay TacticsPetition for Reconsideration
References
13
Case No. MISSING
Regular Panel Decision

Prave v. State

The State of New York appealed 17 separate orders from the Court of Claims that denied its motion for summary judgment in actions alleging intentional assault stemming from the Attica uprising. The State contended that the claimants' acceptance of workers' compensation benefits barred their intentional tort claims, constituting an election of remedies. Claimants argued they never applied for benefits and should not be bound by such an election. The Appellate Division held that accepting benefits, even if initiated by the employer, generally precludes a subsequent tort action if the Workers' Compensation Board determined the injuries were compensable. To pursue their tort claims, claimants must first seek to rescind the Board's prior determination that their injuries were accidental. Therefore, the Court unanimously reversed the lower court's orders, granted summary judgment to the State, and dismissed the claims without prejudice for claimants to seek a redetermination from the Workers' Compensation Board.

Attica UprisingWorkers' CompensationIntentional TortExclusive RemedySummary JudgmentCollateral AttackWorkers' Compensation BoardRescission of AwardElection of RemediesCourt of Claims
References
6
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
0
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