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

Case No. ADJ4158530 (LBO 0325085) ADJ332706 (LBO 0325079)
Regular
Jul 23, 2013

VICTORIA ANTUNEZ vs. SEASIDE PRINTING CO., CALIFORNIA CASUALTY, GALLAGHER BASSETT SERVICES, PACIFIC NATIONAL INSURANCE, CIGA, INTERCARE INSURANCE SERVICES

The Board granted reconsideration regarding a defendant's petition challenging findings of industrial injury and the nature of a communication with an Agreed Medical Evaluator (AME). The Board affirmed findings of compensable injury for one period and no injury for another, but amended the awards to clarify that a letter from CIGA to the AME was improper, though not an ex parte communication. The Board found the letter constituted additional information improperly sent without affording the other party an objection opportunity, leading to exclusion of a supplemental report. Jurisdiction was reserved over costs and sanctions related to this improper communication.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjuryTemporary DisabilityPermanent DisabilityApportionmentAgreed Medical Evaluator (AME)Ex Parte CommunicationLabor Code Section 5412
References
Case No. ADJ2170527 (VNO 0494225)
Regular
Jul 27, 2009

LUIS ORTIZ vs. CITY OF LOS ANGELES

The Appeals Board granted removal to address the applicant's petition to set aside a dismissal order. The WCJ improperly took the case off-calendar without explanation and wrongly concluded jurisdiction was lost, failing to properly address the applicant's dismissal setting aside petition. Crucially, the dismissal order may be invalid due to improper service on the applicant's attorney. The case is returned to the trial level for a full factual inquiry into the dismissal and potential service defects.

Petition for RemovalOrder Taking Off-CalendarPetition to Set Aside Order of DismissalAdministrative Rule 10582Lack of ProsecutionImproper ServiceContinuing JurisdictionLabor Code § 5803Good CauseHearing on the Merits
References
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
Case No. ADJ7010013
Regular
Jun 28, 2010

PAMELA VAN ZANDT vs. NIKE, INC COLE-HAAN, OLD REPUBLIC ADMINISTERED BY ESIS

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding an attorney's fee award. The defendant incorrectly claimed the issue of fees was not raised and that they were aggrieved by the award. The Board found the defendant was not aggrieved, as fees were payable from the applicant's benefits, and the issue was properly noted in the pre-trial statement. Consequently, the Board issued a notice of intention to impose sanctions on the defendant's counsel for filing a frivolous petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardExpedited HearingTemporary DisabilityAttorney's FeeLabor Code § 5813SanctionsBad Faith ActionsFrivolous Petition
References
Case No. ADJ8988763 ADJ8988773
Regular
Mar 06, 2018

ROSA FLORES vs. WILLIAM KING HEALTH CARE GROUP, AMTRUST, TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration of a sanctions order against lien claimant VQ Healthcare and hearing representative Ana Montes Gluck. The WCJ had sanctioned them for failing to submit a trial brief and presenting insufficient evidence, violating Labor Code section 5813 and WCAB Rule 10561. The Board found that while sanctions were warranted for failing to meet their burden of proof, the initial amount was excessive. Consequently, the Board reduced the individual sanctions to $100 each and rescinded the awarded attorney fees, deeming them unwarranted.

WCABPetition for ReconsiderationOrder Imposing SanctionsLien ClaimantLabor Code Section 5813WCAB Rule 10561Trial BriefSubstantial EvidenceBad Faith ActionsFrivolous Tactics
References
Case No. ADJ3512665 (ANA 0410076)
Regular

TROY GRANTZ vs. STATE FARM INSURANCE COMPANY, CNA CLAIMS, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied a Petition for Reconsideration in the case of Troy Grantz. The denial was based on the report of the workers' compensation administrative law judge, which the Board adopted. The Board also noted its authority to impose sanctions for bad-faith actions or tactics intended to cause unnecessary delay under Labor Code Section 5813. Sanctions can be applied to lien claimants or their representatives for actions such as repeated failure to appear without reasonable excuse.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationWorkers' Compensation Administrative Law JudgeWCJ ReportLabor Code § 5813SanctionsLien ClaimantBad Faith ActionsFrivolous TacticsUnnecessary Delay
References
Case No. ADJ7214982
Regular
Jan 06, 2012

JOAQUIN GONZALEZ vs. NFI INDUSTRIES, ZURICH AMERICAN INS. CO.

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration, upholding the WCJ's finding that the applicant received proper notice of the defendant's Medical Provider Network (MPN) and was treated within it initially. The Board also initiated sanctions against the applicant's attorney for misrepresenting witness testimony, threatening a $500 penalty unless good cause is shown otherwise. The applicant's arguments regarding non-MPN treatment non-compensability and inadmissibility of reports were rejected based on established precedent and findings of fact. The Board found the attorney's petition frivolous, demonstrating bad faith tactics.

MPNMedical Provider NetworkReconsiderationOrder of RemovalSanctionsLabor Code § 5813Bad Faith ActionsFrivolousWillful FailureImproper Motive
References
Case No. ADJ13332737, ADJ15218980, ADJ12640295
Significant

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

The Workers' Compensation Appeals Board imposed sanctions totaling $15,000 against attorneys Susan Garrett and Lance Garrett for filing frivolous petitions for reconsideration with the willful intent to disrupt or delay court proceedings.

Labor Code Section 5813SanctionsWillful IntentImproper MotiveIndisputably Without MeritPetitions for ReconsiderationDelay of ProceedingsReasonable ExpensesAttorney's FeesEn Banc Decision
References
Case No. ADJ620397 (RIV 0056438) ADJ1911732 (RIV 0056435) ADJ1333607 (RIV 0049303) ADJ579299 (SBR 0199223)
Regular
Oct 14, 2011

IGNACIO FLORES vs. FLEETWOOD ENTERPRISES, INC.

This case concerns a lien claimant, Tustin Hospital and Medical Center, whose lien was dismissed by the WCJ due to repeated failure to attend scheduled hearings. The lien claimant sought reconsideration, arguing a lack of notice, but the Appeals Board denied the petition. The Board also initiated proceedings for sanctions against the lien claimant and its representative for filing a frivolous petition and their pattern of non-appearance.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantNotice of IntentionGood CauseLabor Code § 5813SanctionsFrivolous PetitionRepeated Non-Appearance
References
Case No. ADJ12226694, ADJ12414651, ADJ12414992, ADJ12414993
Significant

Guillermo Gonzalez, et al., Applicants vs. The Bicycle Casino; Arch Indemnity Ins. Co., administered by Gallagher Bassett, et al., Defendants

The Workers' Compensation Appeals Board imposes sanctions totaling $10,000 against Susan Garrett and Lance Garrett for filing petitions for reconsideration with the willful intent to disrupt or delay trial proceedings.

Workers' Compensation Appeals BoardRemovalSanctionsCostsLabor Code Section 5813Petitions for ReconsiderationWillful IntentDisrupt ProceedingsDelay ProceedingsImproper Motive
References
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