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

Case No. ADJ246218 (ANA 0286638)
Regular
Jun 27, 2012

PAUL LIGAMMARI vs. LOS ANGELES COLLEGE OF CHIROPRACTIC, ACE AMERICAN INSURANCE

The applicant's petition, treated as a Petition for Disqualification, was denied as untimely or without merit. The Appeals Board is initiating removal of the matter to consider sanctions against the applicant for using insulting and disrespectful language that impugns the integrity of the WCAB and its judges. The applicant's prior admonishment for similar conduct underscores the Board's intent to enforce decorum.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for RemovalJudge LembergSanctionsLabor Code Section 5813Appeals Board Rule 10561Bad FaithFrivolous TacticsPrejudicial Language
References
Case No. ADJ433589 (VNO 0467795)
Regular
Dec 19, 2013

GLADYS GIRON vs. JUDITH LARSON, IDEAL FOODS, INC., UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Workers' Compensation Appeals Board denied Gladys Giron's Petition for Reconsideration. The Board admonished applicant's counsel for multiple procedural violations in the petition, including exceeding page limits with improper formatting and appending improperly admitted evidence. Furthermore, the petition's tone bordered on impugning the Workers' Compensation Judge's integrity, which is sanctionable. Finally, an unfiled Response was submitted by applicant's counsel.

Petition for ReconsiderationWCJ ReportApplicant's CounselPage Limit ViolationFont Size ViolationLinespacing ViolationRule 10842(c)Rule 10856Catering Truck and Route AgreementSworn Statement
References
Case No. ADJ7280301
Regular
Feb 18, 2014

CONNIE DER TOROSSIAN vs. FAIR HOUSING COUNCIL OF ORANGE COUNTY, STATE COMPENSATION INSURANCE FUND

The applicant's attorney, Dennis Hershewe, sought reconsideration of a WCJ's findings denying industrial injury. The Appeals Board granted reconsideration, but is also issuing a notice of intention to sanction Hershewe for $1,500. This is due to his petition containing language deemed insulting, disrespectful, and impugning the WCJ's integrity. The Board found these statements constituted bad faith litigation conduct under Labor Code section 5813.

Workers' Compensation Appeals BoardPetition for ReconsiderationBad Faith Litigation ConductLabor Code section 5813WCAB Rule 10561SanctionsDennis HersheweIndustrial InjuryPsycheInternal Systems
References
Case No. ADJ10238593
Regular
Oct 13, 2016

JUSTIN JACOBS vs. INSTITUTE OF AGING, THE TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This case involves a petition for reconsideration filed by applicant Justin Jacobs. The Workers' Compensation Appeals Board (WCAB) denied the petition, adopting the reasoning of the workers' compensation administrative law judge (WCALJ). The WCAB also cautioned applicant's attorney, Sophie Breall, Esq., regarding the language used in her filings, citing potential sanctions for impugning the integrity of the board. Therefore, the WCALJ's original decision stands.

WCABPetition for ReconsiderationDeniedWCJ's reportAdopt and incorporateApplicant's attorneyZealous representationSophie BreallEsq.Caution
References
Case No. ADJ10614325
Regular

, APPLICANT, vs. , FORB DEVELOPMENT COMPANY; STATE COMPENSATION INSURANCE FUND,

The Workers' Compensation Appeals Board (WCAB) denied a petition for reconsideration in the case of Alex Campos v. Forb Development Company. The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ), giving great weight to the WCJ's credibility determinations. The WCAB also admonished the applicant's attorney for impugning the WCJ's integrity with inappropriate language in the petition. The petition for reconsideration was denied, and sanctions were threatened for future violations.

Petition for ReconsiderationWorkers' Compensation Appeals BoardWCJ credibilitywitness demeanorsubstantial evidenceattorney admonishmentimpugning integritysanctionable conductLabor Code § 5813California Code of Regulations § 10561
References
Case No. ADJ6680842
Regular
Jan 31, 2013

BRUNO VARGAS vs. SELECT BUILD INTEGRATED CONSTRUCTION SERVICES, GALLAGHER BASSETT

This case involves Applicant Bruno Vargas and Defendants Select Build Integrated Construction Services and Gallagher Bassett. The Workers' Compensation Appeals Board granted reconsideration of a previous WCJ decision. The Board rescinded that decision and returned the matter to the trial level for further proceedings and a new decision by the WCJ. This order is not a final decision on the merits of the case.

WCABReconsiderationRescindedFurther ProceedingsWCJ DecisionAdministrative Law JudgeApplicantDefendantsIntegrated Construction ServicesGallagher Bassett
References
Case No. ADJ854108 (OAK 0281808)
Regular
Oct 07, 2008

PATRICIA BECK vs. INTEGRATED DEVICES TECHNOLOGY, SAFETY NATIONAL CASUALTY CORPORATION, MATRIX ABSENCE MANAGEMENT, RANDSTAND, CIGA ON BEHALF OF LEGION INSURANCE IN LIQUIDATION, BROADSPIRE

This case involves an applicant who sustained an industrial injury to her left thumb, hand, and wrist while employed by both a general employer (Randstand) and a special employer (Integrated Devices Technology, IDT). The Workers' Compensation Appeals Board (WCAB) granted reconsideration to correct minor errors in the original Findings and Award, specifically regarding citations to the Insurance Code and the identification of the general employer. The WCAB affirmed the original decision that IDT's insurer, Safety National Casualty Corporation, constitutes "other insurance," thereby relieving CIGA of liability for the claim.

Workers' Compensation Appeals BoardIntegrated Devices TechnologySafety National Casualty CorporationMatrix Absence ManagementRandstandCIGALegion InsuranceBroadspirespecial employergeneral employer
References
Case No. AHM 98231
Regular
Sep 24, 2007

MYLINH WHITMAN vs. CINGULAR WIRELESS, SEDGWICK CLAIMS MANAGEMENT

The Appeals Board is reconsidering whether the defendant, Cingular Wireless, is entitled to a credit for salary continuation benefits paid to the applicant. The key issue is whether these benefits were of the "same general character" as workers' compensation, which would permit integration and a credit. The case is returned to the trial level for further evidence development on this specific point, rescinding the prior award of a credit.

Workers' Compensation Appeals BoardCreditSalary continuation planWage loss planMetropolitan Life Short Term Disability PolicyHealth and Welfare Benefits PlanSummary plan descriptionEmployer policyTaxable benefitsPermanent disability indemnity
References
Case No. ADJ9391781 ADJ9392135 ADJ9391782
Regular
Oct 14, 2018

DAWN WORTH vs. DEPARTMENT OF STATE HOSPITALS COALINGA, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the defendant's Petition for Reconsideration to address potential sanctions. The defendant contended the WCJ erred by barring defense witnesses as a discovery sanction and violating due process. The Board issued a Notice of Intention to Impose Sanctions of $500 against the defendant and its attorney, Ben McGriff, due to alleged bad-faith actions and disrespectful language toward the WCJ in the Petition. The Board is seeking objections to the sanctions before making a final decision on the merits of the petition.

WCABPetition for ReconsiderationStatute of LimitationsDiscovery SanctionDue ProcessLabor Code § 5813WCAB Rule 10561Bad Faith ActionsFrivolous TacticsUnnecessary Delay
References
Case No. ADJ7551953
Regular
Mar 22, 2023

JARRED BROWN vs. INTEGRITY FLORRING, MARKEL SERVICES

The Workers' Compensation Appeals Board dismissed the applicant's petition for removal. The applicant argued that a stipulation approved by the WCJ for a second deposition was improper and would cause irreparable harm. However, the Board found the petition was not ripe because the stipulation was conditioned on a QME exam or vocational evaluation, neither of which had yet occurred. Therefore, the dispute regarding the need for additional testimony was premature.

Petition for RemovalStipulationDepositionQMEVocational EvaluationIrreparable HarmControversyAdditional TestimonyNot RipeDismissed
References
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