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

Case No. ADJ8026817
Regular
Apr 22, 2013

MARIA OCHOA vs. RANGERS DIE CASTING COMPANY, COMPWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a decision finding the applicant sustained injury to her respiratory system and psyche AOE/COE. The WCAB rescinded the decision and returned the case to the trial level, finding the medical opinions of Dr. Lipper and Dr. Curtis lacked substantiality. Specifically, the physicians failed to provide clear diagnoses, quantify exposures, or adequately explain causation. The Board noted contradictory testimony from the applicant's supervisor and insufficient evidence to support the initial findings.

Workers' Compensation Appeals BoardMaria OchoaRangers Die Casting CompanyCOMPWEST INSURANCE COMPANYADJ8026817Los Angeles District OfficeOpinion and Order Granting ReconsiderationDecision After ReconsiderationFindings of FactWorkers' Compensation Administrative Law Judge (WCJ)
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ332528 (AHM 0104042)
Regular
Mar 22, 2011

ERNEST DANIELS vs. PIEDMONT ENGINEERS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board imposed a $250.00 sanction against the State Compensation Insurance Fund and its attorney, Maria Frias Callejas. This sanction was issued due to their failure to respond to a Notice of Intention to Impose Sanctions and their violation of the Board's Rules of Practice and Procedure. No timely objection demonstrating good cause was filed. Consequently, they are jointly and severally liable for the payment of the sanction to the Appeals Board.

Workers' Compensation Appeals BoardSanctionsState Compensation Insurance FundMaria Frias CallejasRules of Practice and ProcedureNotice of IntentionGood CauseTimely ResponseJoint and Several LiabilityAttorney for Defendant
References
Case No. ADJ1884241
Regular
Jun 25, 2013

ANTONIA CERVANTES vs. PRIDE INDUSTRIES, LWP CLAIMS SOLUTIONS, BROADSPIRE

The Workers' Compensation Appeals Board denied reconsideration of an order imposing sanctions on lien claimant, Word of Mouth Interpreters, and its attorneys, Gonzales Law Firm. The board adopted the WCJ's report, finding that the lien claimant improperly filed a petition for reconsideration without statutory grounds and attached unnecessary exhibits. The WCJ noted the lien claimant's pattern of conduct, including failure to appear at hearings and improper attempts to withdraw filings, which led to unnecessary litigation expenses. Sanctions were deemed appropriate due to the lien claimant's lack of due care and respect for the venue.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportEAMSAmended Notice of IntentionRules of Practice and ProcedureDeficient PetitionStatutory GroundsLien ClaimantDeclaration of Readiness to Proceed
References
Case No. ADJ7403543
Regular
Nov 20, 2012

CRESENCIO AYALA vs. ALABAMA METAL INDUSTRIES CORPORATION

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it sought to challenge a notice of intent to dismiss, not a final order, and was unverified. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions against the applicant's attorney. This action is due to the filing of a frivolous and unverified petition without merit. Sanctions will be imposed unless the attorney demonstrates good cause to the contrary.

WCABPetition for ReconsiderationNotice of Intention to DismissLack of ProsecutionUnverified PetitionFinal OrderLabor Code § 5900Labor Code § 5902RemovalLabor Code § 5813
References
Case No. ADJ1773429 (MON 0282203) ADJ855226 (MON 0077581) ADJ2715287 (MON 0077582)
Regular
Oct 10, 2013

CURTIS WARD vs. TECHNICOLOR, INC.

The Workers' Compensation Appeals Board denied Curtis Ward's second petition for removal, finding his allegations of bias against the Workers' Compensation Judge mirrored a prior denied petition. However, the Board granted removal on its own motion to issue a notice of intention to impose sanctions against Ward's attorney. This action is due to the attorney's violation of rules prohibiting the attachment of over 300 pages of documents to the petition, which burdened board resources. The attorney faces a potential sanction of up to $1,000 unless she demonstrates good cause to the contrary.

Petition for RemovalWCJ BiasAppeals Board RulesRule 10842(c)Labor Code 5813SanctionsBad FaithFrivolous TacticsUnnecessary DelayBoard Motion
References
Case No. ADJ2516724 (VNO 0483078) ADJ3217913 (VNO 0454703) ADJ2235819 (VNO 0454704) ADJ2582994 (VNO 0483080)
Regular
Jan 09, 2012

Noel Lopez vs. Bolthouse Farms, Argonaut Insurance Company, Sedgwick, Mid Century Insurance

Applicant Noel Lopez's petitions for reconsideration repeatedly violated Appeals Board rules regarding page limits, formatting, and the proper submission of evidence. Despite explicit instructions to correct these deficiencies, the applicant's attorney filed a second petition with similar non-compliance. Consequently, the Appeals Board issued a Notice of Intention to impose sanctions of $1000.00 against the attorney and his law firm for frivolous and delay-seeking conduct. The Board is allowing 15 days for written objection demonstrating good cause to avoid sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationSanctionsAppeals Board RulesPage Limit ViolationImproper AttachmentsLack of Specific CitationsBad Faith ActionsFrivolous TacticsUnnecessary Delay
References
Case No. ADJ6788515
Regular
Dec 10, 2015

CIRA ROJAS HERNANDEZ vs. CARLS JR, TRAVELERS

The Workers' Compensation Appeals Board (WCAB) issued a Notice of Intention to Sanction Applicant's attorneys, Oliver F. Moench and Moses Luna, A Law Corporation. This stems from Applicant's Petition for Reconsideration, which was over the page limit and signed by Mr. Moench, who was ineligible to practice law at the time. The WCAB alleges Mr. Moench willfully misrepresented his attorney status and engaged in frivolous conduct, potentially violating Labor Code Section 5813. Sanctions up to $2,500 and payment of defendant's expenses are being considered absent a timely, good-cause objection.

SanctionsPetition for ReconsiderationIneligible AttorneyMinimum Continuing Legal EducationFrivolous ConductBad Faith TacticsWCAB RulesLabor Code Section 5813Misrepresentation of StatusLaw License Suspension
References
Case No. ADJ7199989, ADJ7118722
Regular
Feb 13, 2012

JUAN CERVANTES vs. WESTERN MEDICAL CENTER, HARTFORD

The Workers' Compensation Appeals Board (WCAB) sanctioned applicant's attorney, Sunil Shaw, for $\$250.00$. This sanction was imposed for violating Appeals Board Rule 10842, related to proceedings before the Board. The WCAB granted removal on its own motion and issued a notice of intention to sanction, to which no objection was received. The sanction amount has been paid.

Workers' Compensation Appeals BoardRemovalSanctionLabor Code Section 5310Appeals Board Rule 10842Notice of Intention to SanctionApplicant's AttorneyShow Good CauseDecision After RemovalWestern Medical Center
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
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