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Case Law Database

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

Case No. ADJ928027
Regular
Feb 03, 2016

DAVID TRINH vs. TZENG LONG USA, INC., BERKSHIRE HATHAWAY

This case involves the suspension of Mike Traw's privilege to appear before the Workers' Compensation Appeals Board (WCAB) under Labor Code Section 4907. The WCAB issued a Notice of Intention to suspend due to non-payment of sanctions and failure to respond. While Professional Lien Services, Inc. (PLS) sought extensions, neither Traw nor PLS provided a substantive response. Consequently, Traw's appearance privilege is suspended for ninety days due to his failure to comply with the WCAB's orders. Further action against PLS may occur if ordered sanctions remain unpaid.

Labor Code Section 4907Decision After RemovalNotice of IntentionSuspension of PrivilegeProfessional Lien ServicesMike TrawAppeals Board En BancSanction OrderInterference with Judicial ProcessWCAB
References
0
Case No. ADJ10044579
Regular
Dec 20, 2017

NEVITA BAILEY vs. FIRST GROUP AMERICA, NEW HAMPSHIRE INSURANCE COMPANY

The applicant filed a Petition for Removal after the Administrative Law Judge (ALJ) issued a Notice of Intent to Dismiss due to the applicant's failure to appear at a Mandatory Settlement Conference (MSC). The ALJ's notice stipulated dismissal unless the applicant appeared at a rescheduled MSC, which was subsequently taken off calendar due to the removal petition. The Appeals Board denied removal, finding no substantial prejudice as the applicant's failure to appear at the rescheduled MSC was rendered moot by the rescheduling. The Board also noted that a Notice of Intent to Dismiss should not be issued for a *potential* future failure to appear, but rather based on an actual occurrence.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceAdministrative Law JudgeNotice of Intent to DismissWCAB Rule 10563WCAB Rule 10562substantial prejudiceirreparable harmreconsideration
References
2
Case No. ADJ7073544
Regular
Sep 06, 2016

OMAR NUNEZ vs. PETROCHEM INSULATION, INC., AIG CLAIMS

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior dismissal of Omar Nunez's case. The WCAB found that the dismissal for failure to appear at trial violated Nunez's due process rights because no specific Notice of Intention to Dismiss (NIT) was issued for his non-appearance. The prior NIT addressed failure to prosecute, not failure to appear, thus depriving Nunez of an opportunity to object. The case was returned to the trial level for further proceedings.

Petition for ReconsiderationNotice of Intention to DismissFailure to AppearDue ProcessWCAB RulesDismissal Without PrejudiceFailure to ProsecuteViolation of RulesRescind OrderReturn to Trial Level
References
0
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
0
Case No. ADJ171587
Regular
Dec 21, 2012

MARCUS VASQUEZ vs. MARION RESIDENCE, FIREMANS FUND INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of an administrative law judge's order suspending Integrated Healthcare Recovery Services (IHRS) from appearing before the board. This suspension stemmed from IHRS's failure to pay a $1,000 sanction previously imposed for missing a lien trial. The WCAB has now issued a notice of intent to suspend IHRS unless the sanction is paid within 20 days, citing IHRS's failure to comply with a final order as good cause. IHRS may avoid suspension by paying the sanction or demonstrating good cause to the WCAB.

Labor Code Section 4907Petition for ReconsiderationSuspension of AppearanceWCABWCJSanction OrderLien TrialFinal OrderFailure to PayHearing Representative
References
2
Case No. 14-07-00572-CV
Regular Panel Decision
Feb 12, 2009

Gerald Randall Jaco v. Angel Roman Rivera

Gerald Randall Jaco (Appellant) appeals a default judgment in favor of Angel Roman Rivera (Appellee). Rivera initially sued Gerald Randall Jaco, alleging injury in employment with the defendant's construction company, a non-subscriber to workers' compensation. After the appellant's son was served and answered, Rivera amended his petition, eventually naming only Gerald Jaco as defendant, but Jaco was never properly served. A default judgment for at least $1.9 million was rendered against Jaco for failure to appear at trial. Jaco filed a motion for new trial, arguing he was never served, did not receive trial notices, and met the Craddock elements (failure to appear not intentional, meritorious defense, no delay/injury to plaintiff). The trial court denied the motion. The appellate court found Jaco's failure to appear was due to mistake, he presented a meritorious defense regarding a credit for payments, and a new trial would not cause delay or injury. Therefore, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

Default JudgmentCraddock ElementsMotion for New TrialService of ProcessNotice of TrialConscious IndifferenceMeritorious DefenseWorkers' Compensation Non-subscriberTexas LawAppellate Review
References
16
Case No. ADJ10062283
Regular
Jan 08, 2016

MARIA CARVALHO vs. IN-HOME SUPPORTIVE SERVICES, CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board denied York Risk Services Group's petition for reconsideration of a $\$ 200.00$ sanction. The sanction was imposed for York's failure to appear at a hearing for which it was properly served by mail. York failed to provide good cause for its non-appearance, and its assertion of resolving issues telephonically did not excuse the failure to appear. The Board upheld the WCJ's finding that the notice was properly served and no reasonable excuse was offered.

Workers' Compensation Appeals BoardSan Jose District OfficePetition for ReconsiderationOrder Imposing SanctionsFailure to AppearGood CauseNotice of HearingService by MailElectronic Adjudication Management SystemPresumption of Receipt
References
0
Case No. ADJ8912819
Regular
Nov 13, 2017

DULCE GONZALEZ vs. MURANAKA FARMS, ZENITH INSURANCE COMPANY

The Appeals Board granted reconsideration and rescinded a WCJ's order awarding attorney's fees to the applicant. The WCJ had awarded fees for the defendant's failure to appear at a trial on March 18, 2016, citing Labor Code Section 5813. However, the Board found that the defendant provided a reasonable excuse for its inadvertent failure to appear due to a calendaring error and that there was no evidence of bad faith or a pattern of non-appearance. Therefore, attorney's fees were deemed not warranted under these circumstances.

Petition for ReconsiderationFindings and OrderAttorney's FeesFailure to AppearSanctionsBad-Faith TacticsExcusable NeglectCode of Civil Procedure Section 473Labor Code Section 5813WCAB Rule 10561
References
6
Case No. ADJ4281782
Regular
Jun 07, 2012

KATHY CAPONE vs. FIRST BANK & TRUST, CHUBB GROUP

The Workers' Compensation Appeals Board denied reconsideration of an order dismissing lien claimant Hepps Pharmacy's lien. Hepps Pharmacy failed to appear at a lien conference and filed its objection late, offering only "inadvertence" as an excuse. The Board found that this excuse lacked credibility and did not justify relief, particularly given the claimant's repeated failures to appear and file timely objections. The Board also noted that the lien claimant cured a verification defect in its petition for reconsideration and may consider sanctions for the failure to appear.

Workers' Compensation Appeals BoardPetition for ReconsiderationLien claimantVerification defectSanctionsFailure to appearAdministrative Law JudgeElectronic Adjudication Management SystemNotice of Intent to DismissTimely objection
References
0
Case No. ADJ2041939 (SBR 0340035)
Regular
Dec 14, 2016

Carlos Garcia vs. Department of Transportation, State Compensation Insurance Fund

This case concerns petitions for reconsideration of three dismissed medical liens filed by Pinnacle Lien Services (PLS) on behalf of three doctors. PLS failed to appear at a lien conference and did not respond to Notices of Intent to Dismiss. The WCAB denied reconsideration, finding PLS provided insufficient justification for its failures to appear and respond, and that relief under CCP § 473 was not warranted due to lack of proper documentation and communication breakdowns. The Board emphasized the need for a substantial explanation for non-appearance and failure to respond to dismissal notices.

Workers' Compensation Appeals BoardOrders Dismissing LiensPetitions for ReconsiderationLien ConferenceNotices of Intent to DismissFailure to AppearExcusable NeglectCCP § 473Fox v. Workers' Comp. Appeals Bd.Discretionary Relief
References
1
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