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

Case No. ADJ12226694, ADJ12414651, ADJ12414992, ADJ12414993
Regular
Aug 07, 2024

GUILLERMO GONZALEZ, et al. vs. THE BICYCLE CASINO; ARCH INDEMNITY INS. CO., administered by GALLAGHER BASSETT, et al.

The Appeals Board imposed sanctions against attorneys Susan Garrett and Lance Garrett for filing petitions for reconsideration with the willful intent to delay trial proceedings, finding their actions were indisputably without merit and designed to halt court proceedings.

Labor Code Section 5813SanctionsAttorney FeesCostsPetition for ReconsiderationWillful IntentDisrupt ProceedingsImproper MotiveIndisputably Without MeritUnnecessary Delay
References
Case No. ADJ7586945
Regular
Sep 20, 2013

MICHAEL GERTH vs. LABORATORY CORPORATION OF AMERICA, ACE AMERICAN INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding that the defendant's petition contained material misrepresentations and presented arguments "indisputably without merit." Specifically, the defendant misrepresented evidence regarding the Agreed Medical Examiner's opinion on injury AOE/COE and incorrectly claimed the applicant's employment was terminated for cause. The Board also issued a notice of intention to impose sanctions up to $1,200 against the defendant and their attorneys for frivolous tactics and misstatements of law, particularly regarding the non-apportionment of medical treatment costs.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardAgreed Medical ExaminerAOE/COETemporary Total DisabilityKnee Replacement SurgeryLabor Code Section 5813Appeals Board Rule 10561Bad 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. LAO 0726907
Regular
May 29, 2007

HABTNESH EZRA vs. STATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES

Applicant's counsel, Martin Reiner, is denied disqualification of the Appeals Board and ordered to pay $\$ 2,500$ in sanctions. The Board found Reiner's written comments to be intentionally disruptive and without merit, and his response did not provide good cause to avoid sanctions or grounds for disqualification. The sanctions imposed do not impact the applicant's right to representation or a hearing on the merits of her case.

DisqualificationSanctionsApplicant's CounselWillful IntentDelay ProceedingsImproper MotiveWithout MeritWorkers' Compensation Appeals BoardLabor CodeCalifornia Code of Regulations
References
Case No. ADJ3194339 (SFO 0437494) ADJ3391559 (SFO 0494203) ADJ748288 (SFO 0494205)
Regular
Feb 18, 2010

AMED NAGI ALI vs. ABLE MAINTENANCE COMPANY, CONTINENTAL INSURANCE COMPANY, ALASKA NATIONAL INSURANCE COMPANY, FARMERS INSURANCE COMPANY

The Appeals Board granted reconsideration to reinstate the applicant's three workers' compensation cases, which had been dismissed without prejudice. The applicant successfully argued that dismissal orders were erroneously reinstated because notices were sent to an incorrect address while he was out of the country. The Board found the petition was timely filed and emphasized the public policy favoring disposition of cases on their merits, particularly for unrepresented employees. The cases are now returned to the trial level for further proceedings and a decision on the merits.

ReconsiderationOrder Reinstating Orders of DismissalRescindedDismissal without prejudiceIndustrial InjuryHead InjuryCardiovascular SystemRespiratory SystemStressWrong Address
References
Case No. ADJ4337013 (LAO 0779055)
Regular
Sep 26, 2014

PRUDENCIO HIGUERA vs. E & A PALLET, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration of a dismissal for lack of prosecution. While the dismissal was affirmed, it was amended to be "without prejudice." The majority found the applicant had notice and opportunity to be heard, but a dissenting commissioner argued for allowing the case to proceed on the merits due to the fundamental nature of workers' compensation rights. The case involved an injury from August 1999.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intention to DismissDue ProcessAppeals Board Rule 10582Opportunity to be HeardWithout PrejudiceSubstantial JusticePublic Policy
References
Case No. ADJ4571933
Regular
Aug 30, 2013

RAUL ALVARADO vs. DPR CONSTRUCTION, INC., NATIONAL UNION FIRE INSURANCE CO.

The Appeals Board granted the Lien Claimant's Petition for Reconsideration and issued a notice of intention to impose sanctions. The Lien Claimant sought reconsideration of the dismissal of its lien for failure to pay an activation fee. The Board found the Lien Claimant's petition to be frivolous and without merit because the lien had a zero balance at the time of dismissal, meaning it was already resolved and should have been withdrawn. Consequently, the Board intends to sanction the Lien Claimant under Labor Code section 5813 for bad-faith actions.

Lien Activation FeePetition for ReconsiderationOrder Dismissing LienZero BalanceLabor Code Section 5813SanctionsAppeals Board Rule 10561Bad Faith TacticsFrivolousWithout Merit
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. ADJ3937063 (AHM 0137186)
Regular
Feb 03, 2012

ERIC BENNETT vs. TRADER JOE'S, ACE AMERICAN INSURANCE, GALLAGHER BASSETT

This case concerns Trader Joe's unreasonable delay in paying a stipulated workers' compensation award by improperly deducting attorney's fees. The Appeals Board denied Trader Joe's Petition for Reconsideration, upholding penalties and attorney's fees for the delay. Furthermore, the Board initiated sanctions against Trader Joe's and its attorneys for filing a petition deemed misleading and without merit. Sanctions will be imposed unless good cause is shown within 15 days.

Stipulated Awardunreasonable delaypermanent disabilityattorney's feesLabor Code section 5814attorney's fees under Labor Code section 5814.5attorney costs under Labor Code section 5811bad-faith actionsfrivolous tacticsmisleading petition
References
Case No. ADJ4070941 (AHM 0132418)
Regular
May 30, 2013

ARMANDO ESTRADA vs. PRIME WHEEL CORPORATION, STAFF CHEX, INC., SEDGWICK CIGA GLENDALE

This case involves a Petition for Reconsideration filed by Armando Estrada regarding a workers' compensation claim. The Workers' Compensation Appeals Board (WCAB) dismissed the petition. The dismissal was based on the administrative law judge's report, which found the petition to be skeletal and lacking merit to address the underlying issues. Therefore, the WCAB adopted the judge's recommendation and dismissed the petition without considering its substance.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardWCJ ReportSkeletal PetitionMeritsAdministrative Law JudgePrime Wheel CorporationStaff Chex Inc.Sedgwick Ciga Glendale
References
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