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

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
0
Case No. 13 AD3d 199
Regular Panel Decision

Heilbut v. Heilbut

This protracted 14-year case, 'Heilbut v. Heilbut', involves the Appellate Division's decision to impose sanctions against defendant Francis Heilbut and his attorney, Jack S. Dweck. The court found defendant's recent appeal frivolous, citing a history of delaying and obfuscating tactics in the underlying divorce and equitable distribution proceedings. Defendant had previously been held in contempt for non-compliance with court orders concerning the sale of marital property. The opinion emphasizes defendant's relentless campaign to prolong litigation despite numerous warnings. Consequently, plaintiff Monika Heilbut was awarded costs and attorney's fees, and significant sanctions were levied against both defendant and his counsel for their frivolous appellate practice.

Frivolous AppealSanctionsAttorney MisconductContempt of CourtDivorce ProceedingsEquitable DistributionAppellate ProcedureDelay TacticsVexatious LitigationNew York Law
References
5
Case No. Misc. No. 254
En Banc
Sep 21, 2011

vs. Daniel Escamilla

The Workers' Compensation Appeals Board issued a Notice of Hearing to consider suspending or removing Daniel Escamilla's privilege to appear as a representative, citing a history of sanctions for bad-faith actions, frivolous tactics, and causing unnecessary delays.

Labor Code Section 4907Privilege SuspensionRepresentative MisconductBad Faith ActionsFrivolous PleadingsMisrepresentations of FactAppeals Board RulesState Bar RulesWCJ SanctionsHearing Representative
References
28
Case No. ADJ9719826
Regular
Aug 12, 2016

ABIGAIL FLORES vs. RISSE CONSTRUCTION CO., AMTRUST NORTH AMERICA

This case involves a defendant's petition for reconsideration of a $\$1000$ sanction order for bad-faith actions. The sanction was imposed due to the defendant's egregious delay and frivolous objections in paying a $\$180$ interpreter's lien, which took over eight months and required multiple billings and a court order. The Workers' Compensation Appeals Board denied the petition, upholding the WCJ's finding of frivolous conduct intended to cause unnecessary delay. The Board also affirmed that due process was satisfied by providing the defendant notice and an opportunity to respond to the sanctions.

WCABPetition for ReconsiderationSanctionsOrder Imposing SanctionsBad Faith ActionsFrivolous ConductWCJLien ClaimUnnecessary DelayCertified Interpreter
References
6
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
8
Case No. ADJ8403797
Regular
Dec 20, 2013

KEVIN WISE vs. CITY OF OAKDALE

The Workers' Compensation Appeals Board granted reconsideration of a finding that applicant sustained a compensable industrial injury. Defendant's petition for reconsideration is being reviewed due to the improper citation of an unpublished case, *Robinson v. Workers' Compensation Appeals Board*, as binding authority. The Board intends to sanction defendant's attorneys $500 for this misrepresentation, which appears to be a frivolous tactic intended to cause delay.

Workers' Compensation Appeals BoardMultiple MyelomaPlasmacytomaLabor Code Section 3212.1ReconsiderationSanctionBad-Faith ActionsFrivolous TacticsUnnecessary DelayUnpublished Opinion
References
4
Case No. ADJ4201859 (VNO 0487604) ADJ7157331
Regular
Dec 15, 2010

GERALDINE DANIELS vs. DAVITA, INC./NATIONAL UNION FIRE INSURANCE COMPANY, GAMBRO HEALTHCARE/ACE USA

The Workers' Compensation Appeals Board granted reconsideration and reversed a prior order imposing a $2,500 sanction against applicant's former counsel. The Board found that the attorney's delay in filing a substitution of attorney form, while noted, did not rise to the level of bad-faith actions or frivolous tactics warranting sanctions under Labor Code section 5813. The Board cautioned the attorney about future conduct but ultimately determined that no sanctions were justified in this instance.

Workers' Compensation Appeals BoardReconsiderationSanctionLabor Code Section 5813Appeals Board Rule 10561Substitution of AttorneyBad Faith ActionsFrivolous TacticsUnnecessary DelayWCJ
References
0
Case No. ADJ3494780
Regular
Oct 17, 2008

WALTER VARGAS vs. COMPOSITE STRUCTURES, ARGONAUT INSURANCE

The Workers' Compensation Appeals Board denied Walter Vargas's petition for reconsideration, upholding the decision that he is not entitled to vocational rehabilitation benefits. The Board found no medical evidence establishing Vargas's eligibility for such benefits, and his arguments based on a dated, unrelated Agreed Medical Examiner report were deemed without merit. The WCAB also indicated that the applicant's pursuit of this appeal may warrant sanctions and attorney's fees due to frivolous and delaying tactics.

Vocational rehabilitationMedical eligibilityRehabilitation UnitCompromise and releaseLabor Code sectionsAgreed Medical Examiner (AME)SanctionsBad faith actionsFrivolousLitigation abuses
References
5
Case No. ADJ3871921 (VNO 0465854) ADJ1014317 (VNO 0465855)
Regular
May 11, 2010

YOLANDA CASSANOVA vs. NORCO DELIVERY SERVICE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, For CALIFORNIA COMPENSATION, In Liquidation

The Appeals Board denied the applicant's petition for reconsideration, finding she is not entitled to vocational rehabilitation benefits as they were not vested by the January 1, 2009 deadline. The Board granted CIGA's petition for reconsideration, reversing the WCJ's finding of bad faith and sanctions against CIGA. CIGA's appeal of the rehabilitation unit's determination was deemed a legitimate exercise of its due process rights, not a frivolous delay tactic. Therefore, the applicant takes nothing by way of her petition for sanctions.

California Insurance Guarantee AssociationCIGAvocational rehabilitation benefitsLabor Code Section 5813bad faith tacticsdelayreconsiderationFindings and OrderPetition for Sanctionscompromise and release
References
1
Case No. ADJ7447035; ADJ7447437
Regular
Mar 25, 2019

BERTHA PEREZ vs. WORLD VARIETY PRODUCE, INC., ZURICH INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded the prior order, remanding the case for further proceedings. The WCAB found that the original decision lacked sufficient evidence to support findings regarding restitution and sanctions against the lien claimant. Specifically, there was no admitted evidence proving unjust enrichment, fraud, or improper conduct by the lien claimant. Similarly, the record was insufficient to determine if the lien claimant engaged in bad faith tactics or frivolous delays warranting sanctions.

Lien claimantReconsiderationRestitutionUnjust enrichmentSanctionsFrivolous tacticsDiscoveryBill reviewWCJAppeals Board
References
0
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