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

Case No. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ7977732, ADJ8044285, ADJ8044807
Regular
Nov 07, 2014

OSCAR ALVAREZ vs. EBUS, TRAVELERS INSURANCE COMPANY

The Appeals Board withdrew a Notice of Intention to Issue Sanctions against lien claimant Mednet, Inc. and its representative, Michael Goldberg. Initially, sanctions were considered for filing a skeletal, unverified Petition for Reconsideration and failing to appear at a lien conference, deemed bad faith actions causing delay. However, after Mednet explained the actions as an "honest mistake" due to lack of experience and apologized, the Board found the petition was not filed in bad faith or as a frivolous tactic. Mednet was admonished to familiarize itself with Appeals Board rules regarding liens and filings, but sanctions were ultimately withdrawn.

Workers' Compensation Appeals BoardRemovalNotice of Intention to Issue SanctionsLien ClaimantPetition for ReconsiderationSkeletal PetitionUnverified PetitionNon-Final OrderLien ConferenceBad Faith Actions
References
Case No. ADJ669922
Regular
Mar 04, 2011

CHARLIE DAVIS vs. COUNTY OF SAN BERNARDINO

This case concerns a petition for reconsideration by Pinnacle Lien Services regarding an order to pay attorney fees and sanctions. Pinnacle argued the WCJ erred in finding their filing of a Declaration of Readiness to Proceed was in bad faith and that the fee award was excessive. The Workers' Compensation Appeals Board denied reconsideration, adopting the WCJ's report which found Pinnacle's actions were frivolous and without merit. The Board is returning the matter to the trial level to consider the defendant's request for additional attorney fees and sanctions related to Pinnacle's petition for reconsideration.

Declaration of ReadinessPinnacle Lien ServicesN-Carebad faith actionattorney feessanctionsLabor Code section 5813Compromise and Releaselien conferenceoff calendar
References
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. ADJ9116784
Regular
Nov 14, 2014

MICHAEL HERRERA vs. ACTION 2 MAINTENANCE, PREFERRED EMPLOYERS INSURANCE COMPANY

Here's a concise summary of the case for a lawyer: A lien claimant's petition for reconsideration was denied due to untimely filing of a lien and failure to appear at trial. The Appeals Board, on its own motion, granted removal to address sanctions. The Board intends to impose a $2,000 sanction and $525 in attorney fees against the lien claimant and its representative for frivolous and bad-faith actions causing delay. The lien claimant has 15 days plus mailing time to object.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationFindings and OrderDismissalAttorney FeesSanctionsLabor Code Section 5813Bad Faith ActionsFrivolous Tactics
References
Case No. ADJ6679249
Regular
Jun 08, 2010

GREG TOBER vs. GARVEY SCHOOL DISTRICT; PERMISSIBLY SELF-INSURED, ADMINISTERED BY YORK, FORMERLY SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) order imposing sanctions under Labor Code section 5813. The original order found the defendant's attorney liable for sanctions due to alleged bad-faith actions and unnecessary delay in responding to discovery requests. Upon review, the WCAB granted reconsideration, rescinded the original order, and denied both the applicant's petition for attorney's fees and the defendant's petition for sanctions. The WCAB determined that while there was a delay, the defendant's actions did not meet the legal threshold for bad faith, frivolousness, or intentional delay required by section 5813.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationLabor Code section 5813SanctionsWCJdiscovery issuebad faithfrivolousunnecessary delayPetition for Discovery Order
References
Case No. ADJ1977669 (LAO 0802562)
Regular
Nov 09, 2020

MYRA RYAN vs. CARLSON MESSER & TURNER, LLP, LUMBERMENS MUTUAL, in liquidation, administered by TRISTAR on behalf of CALIFORNIA INSURANCE GUARANTEE ASSOCIATION

This case concerns a petition for reconsideration or removal filed by lien claimant David Silver, M.D. and his representative, Dan Escamilla. The Appeals Board denied the petition, finding the WCJ's prior decisions on injury AOE/COE and costs/sanctions were final. The Board also admonished the petitioners for bad faith actions, citing their legally unsupportable and frivolous arguments regarding the medical fee schedule. This conduct constitutes a pattern, and further similar actions may result in sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalWCJ reportfinal ordersubstantive right or liabilitythreshold issueinjury arising out of and occurring in the course of employmentAOE/COElien claimant
References
Case No. ADJ7421461
Regular
Jun 22, 2012

Bryan Cruz vs. KLLM TRANSPORTATION, INC.

The Workers' Compensation Appeals Board granted reconsideration of a dismissal order for failure to prosecute, finding that the applicant's attorneys' petition lacked merit and potentially constituted bad-faith tactics. The Board is issuing a notice of intent to sanction applicant's attorneys, jointly and severally, for up to $1,500 for frivolous actions and tactics, specifically noting a pattern of similar filings. The Board also noted the applicant's attorneys consented to the dismissal at a hearing where the applicant did not appear, and the petition for reconsideration failed to address these critical points. Sanctions are intended to address violations of rules regarding frivolous filings and willful non-compliance.

Petition for ReconsiderationRule 10582Failure to ProsecuteSanctionsLabor Code section 5813Rule 10561Bad Faith ActionsFrivolousUnnecessary DelayNotice of Intention to Dismiss
References
Case No. ADJ954867 (SFO 0497953)
Regular
Dec 29, 2008

HERBERT BARRIOS vs. DEEP VAC, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board partially granted reconsideration, rescinding the award of attorney's fees for frivolous tactics but affirming the award for expert witness costs and a penalty for unreasonable refusal to pay. The Board found that while SCIF's refusal to pay for the diminished future earnings capacity expert was unreasonable, their actions did not rise to the level of bad faith or frivolous conduct required for sanctions. A dissenting opinion argued to affirm the original award of sanctions, finding SCIF's actions to be unreasonable and in bad faith based on prior unfavorable decisions and testimony from SCIF's claims adjustor.

Diminished Future Earnings CapacityVocational RehabilitationLabor Code section 5811Labor Code section 5814Labor Code section 5813Expert Witness FeesReconsiderationFindings and AwardSanctionsBad Faith Tactics
References
Case No. ADJ7508584
Regular
Sep 30, 2014

CALVIN WRIGHT vs. HEALTH NET, INC.

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior order regarding temporary total disability (TTD) indemnity payments. The WCAB found the defendant's attorney's petition for reconsideration frivolous and filed in bad faith, noting the attorney attempted to disregard a prior stipulation on average weekly earnings and TTD rate. Consequently, the WCAB issued a notice of intention to impose sanctions of up to $2,500 against the attorney for bad faith actions, delay, and failure to comply with procedural rules. The WCAB will affirm the prior order directing the defendant to pay the TTD difference owed to the applicant.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAttorney FeesStipulationTemporary Total Disability (TTD) IndemnityAverage Weekly EarningsWCJBad FaithFrivolous
References
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