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

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. 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
3
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. ADJ11080934
Regular
Oct 28, 2025

JUAN MARTINEZ vs. CREAM OF THE CROP AG SERVICE, INC.; CA FARM MANAGEMENT, INC.

The applicant, Juan Martinez, sought reconsideration of a prior decision that reversed a Workers' Compensation Administrative Law Judge's (WCJ) order imposing sanctions against the defendant for alleged frivolous tactics. The Appeals Board originally found insufficient evidence of bad-faith conduct by the defendant, Cream of the Crop AG Service, Inc. and CA Farm Management, Inc. In this petition, the applicant sought clarification on the standard of review and claimed certain issues were not addressed. The Board denied the applicant's petition, reiterating its finding that the defendant's actions did not constitute bad-faith litigation tactics under Labor Code section 5813, and confirmed that the responsibility for pursuing discovery, such as a neuropsychological evaluation recommended by Dr. Bhatia in 2018, did not rest solely on the defendant.

WCABPetition for ReconsiderationLabor Code Section 5813SanctionsAttorneys' FeesFrivolous TacticsBad Faith ConductNeuropsychology EvaluationAdditional PanelsReconsideration Proceedings
References
13
Case No. Misc. No. 254
En Banc
Sep 21, 2011

WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA vs. Daniel Escamilla

Notice of a hearing to consider suspending or removing Daniel Escamilla's privilege to appear before the WCAB due to a pattern of repeated sanctions for bad-faith actions, frivolous tactics, and filing pleadings with false statements of fact.

Labor Code 4907Privilege SuspensionRemoval of PrivilegeBad Faith ActionsFrivolous TacticsUnnecessary DelayWillful Non-ComplianceDisruption of ProceedingsMeritleless ArgumentsSanctions
References
28
Case No. Misc. No. 257
En Banc
Dec 16, 2015

vs. Javier Jimenez

The Workers' Compensation Appeals Board issued a notice of its intention to suspend Javier Jimenez's privilege to appear as a representative for 180 days due to a pattern of misconduct, frivolous tactics, and failure to comply with sanction orders.

Labor Code section 4907Representative privilege suspensionAppeals Board en bancSanctionsBad-faith actionsFrivolous tacticsLien claimantsLabor Code section 5700 agentWCJDiscovery abuse
References
18
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. Misc. No. 257
Significant

vs. Javier Jimenez

The Workers' Compensation Appeals Board issued a notice of intention to suspend Javier Jimenez's privilege to appear as a representative for 180 days, citing a pattern of bad-faith tactics, frivolous actions, and repeated failure to comply with sanction orders.

Labor Code section 4907Representative privilege suspensionWCAB en bancSanctionsBad-faith actionsFrivolous tacticsUnnecessary delayLien claimantsLabor Code section 5700 agentRepeated misconduct
References
18
Case No. Misc. No. 254
Significant
Sep 21, 2011

vs. Daniel Escamilla, Respondent

The Workers' Compensation Appeals Board issued a notice of hearing to consider suspending or removing Daniel Escamilla's privilege to appear as a representative due to a pattern of bad-faith actions, frivolous tactics, and misrepresentations of fact across multiple cases.

Labor Code section 4907Privilege suspensionRemoval of privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctionsHearing representative
References
17
Case No. Misc. No. 254
Significant
Sep 21, 2011

vs. Daniel Escamilla

The Workers' Compensation Appeals Board issued a notice for a hearing to consider the suspension or removal of Daniel Escamilla's privilege to appear as a representative, citing a history of repeated sanctions for frivolous petitions, bad-faith tactics, and misrepresentations of fact in multiple cases.

Labor Code section 4907Suspension of privilegeRemoval of privilegeRepresentative privilegeBad-faith actionsFrivolous tacticsUnnecessary delayWillful non-complianceMisrepresentation of factSanctions
References
26
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