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

Case No. ADJ4221124 (SFO 0508133)
Regular
Jun 19, 2012

THEMAS OLSON (Deceased); VICTORIA OLSON (Widow) vs. CITY OF VACAVILLE

The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration of an intermediate discovery order, finding it was not a final order. The Board granted the defendant's petition for removal solely to address potential sanctions against their counsel, George Fögy, and his firm, Stockwell, Harris, Woolverton & Muehl. This notice of intent to sanction stems from alleged misrepresentations within the defendant's petition regarding the origin of Exhibit 1 and the explanation for settlement discrepancies. The Board is giving Fögy and his firm an opportunity to show cause why sanctions up to $2,500 should not be imposed.

WCABPetition for ReconsiderationPetition for RemovalSanctionsLabor Code § 5813Civil Asbestos SettlementExhibit 1In Camera ReviewWork ProductPrivilege Waiver
References
8
Case No. ADJ8693165
Regular
Sep 03, 2013

JEREMY VALENCIA vs. AGI PUBLISHING, INC., LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing sanctions against the injured worker's attorney. This was due to improper service of the sanctions order and lack of sufficient notice, preventing the attorney from an adequate opportunity to be heard. The WCAB denied the petition for disqualification of the judge, finding no evidence of bias. The petition concerning the notice of intention to dismiss the case was dismissed as it was not a final order.

Workers' Compensation Appeals BoardPetition for DisqualificationPetition for ReconsiderationOrder Imposing SanctionsNotice of Intention to DismissWCJInjured WorkerCounselService of ProcessOfficial Address Record
References
5
Case No. ADJ593283 (AHM 0117827) ADJ1747148 (AHM 0117828) ADJ196184 (AHM 0117826)
Regular
Aug 01, 2011

DEBORAH ARRIOLA-LARA vs. NORDSTROMS; Permissibly Self-Insured

The Appeals Board denied Nordstrom's Petition for Removal seeking to overturn an order allowing applicant's supplemental deposition at her attorney's office. The Board found the petition lacked merit. However, the Board sua sponte granted removal on the limited issue of sanctions against Nordstrom's counsel. This action stems from counsel's inclusion of numerous extraneous and previously filed documents in their 114-page petition, constituting a violation of procedural rules and potentially a frivolous tactic warranting sanctions.

Petition for RemovalSupplemental DepositionDue Process ViolationCode of Civil Procedure Section 2025.250Good CauseWCAB Rule 10842(c)Labor Code Section 5813Bad-Faith ActionsFrivolous TacticsUnnecessary Delay
References
4
Case No. ADJ8988577
Regular
Jan 03, 2015

GUILLERMINA AGUILAR vs. CERTIFIED CONCIERGE SERVICES/OASIS OUTSOURCING

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of a trial setting order, finding it was not a final order. The WCAB also denied the defendant's petition for removal, finding no significant prejudice or irreparable harm from proceeding to trial on injury AOE/COE. However, the WCAB granted removal on its own motion to issue a notice of intent to sanction the defendant and defense counsel for filing a frivolous petition in bad faith, potentially imposing up to \$1,500 plus costs. The Board cited prior similar findings against the same defendant and counsel as a basis for the potential sanctions.

Petition for ReconsiderationPetition for RemovalAOE/COE trialmandatory settlement conferenceQualified Medical ExaminerQME panelnon-final ordersanctionsbad faith filingLabor Code Section 3600(a)(10)
References
1
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
0
Case No. ADJ1500144 [SAC 0290200] ADJ820065 [SAC 0352087] ADJ1538813 [MON 0309956] ADJ3751110 [MON 0326164]
Regular
Nov 24, 2008

PARVIN OLFATI, PATTY OLFATI vs. STATE OF CALIFORNIA BOARD OF EQUALIZATION, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely because it was improperly filed with a district office instead of directly with the Board, and even if timely, would have been denied on the merits. The Board also denied the applicant's petition for disqualification of the judge, finding no evidence of bias, as any misstatement about the number of cases was likely due to the judge's specific assignment. Finally, the applicant was put on notice regarding potential sanctions for future intemperate language and the possibility of being declared a vexatious litigant for repeatedly filing meritless disqualification petitions.

WCABPetition for ReconsiderationPetition for DisqualificationUntimely FilingFormer Rule 10840Adverse RulingsBiasPrejudiceMandatory Settlement ConferenceTrial
References
9
Case No. ADJ17817958; ADJ17817957
Regular
Oct 13, 2025

STEPHANIE TOVAR vs. UNITED PACIFIC, EVEREST PREMIER INSURANCE CO.

This case involves a petition for removal filed by the defendant against an order taking the matter off calendar. The defendant contended that the issue of its affirmative defense under Labor Code section 3208.3(d) should be bifurcated and proceed to trial. The Workers' Compensation Appeals Board (WCAB) granted the petition for removal, but not for the reasons argued by the defendant regarding bifurcation. Instead, the WCAB granted removal solely to address the issue of sanctions, finding that the defendant's petition was frivolous and potentially filed in bad faith due to fabricated citations and misrepresentations of legal precedents. The WCAB issued a Notice of Intention to impose sanctions of up to $2,500.00 jointly and severally against the defendant parties and their attorneys.

RemovalSanctionsLabor Code section 3208.3(d)Frivolous FilingBad Faith ActionsWCJ DiscretionBifurcationPrejudiceIrreparable HarmReconsideration
References
9
Case No. LBO 321990 LBO 321992 LBO 323156
Regular
Nov 30, 2007

MICHAEL W. HEWITT vs. LOS ANGELES COUNTY FIRE DEPARTMENT, INTERCARE INSURANCE SERVICES

The Workers' Compensation Appeals Board denied the County Fire Department's petition for reconsideration of an award finding the applicant sustained total permanent disability. The Board will also impose a $1,000 sanction on the County's counsel for filing a petition that misrepresented the record regarding the applicant's permanent and stationary date. This sanction is for filing a petition deemed a frivolous bad-faith tactic in violation of statutory and regulatory obligations.

WCABPetition for ReconsiderationAmended Joint Findings of Fact and AwardFirefighterIndustrial InjuryPermanent Total DisabilityApportionmentPermanent Disability Rating ScheduleAgreed Medical Examiners (AMEs)Stipulation
References
8
Case No. ADJ6711975
Regular
Aug 05, 2013

DIONICIO REYES vs. FILOMENA D'AMORE, FIRSTCOMP OMAHA

The Workers' Compensation Appeals Board dismissed a lien claimant's petition to vacate an order dismissing their lien for failure to pay an activation fee. The petition was untimely, filed 59 days after the order was served. The Board also granted removal on its own motion to issue a notice of intention to impose sanctions due to the petition's untimeliness and multiple misrepresentations of fact. The Board is considering imposing a $500 sanction against the lien claimant's representative.

Lien ClaimantPetition to Vacate OrderLien Activation FeeLabor Code section 4903.06Untimely PetitionRemoval on Own MotionNotice of Intention to Impose SanctionsLabor Code section 5813Misrepresented Material FactsWCAB Rule 10842(a)
References
0
Case No. ADJ1910234
Regular
Jul 12, 2016

MIGUEL HERNANDEZ vs. DUANE E. POTTS, KATHLEEN C. POTTS, STATE FARM INSURANCE COMPANY, DUANE POTTS, GREAT AMERICAN INSURANCE COMPANY

Great American Insurance Company sought removal of a $2,000.00 sanction order for failing to appear at a Mandatory Settlement Conference. The Workers' Compensation Appeals Board dismissed their Petition for Removal because removal is an extraordinary remedy for interlocutory orders, not final ones like sanctions. Since reconsideration is an adequate remedy for a final order, the Board treated Great American's filing as a Petition for Reconsideration. The Board then denied this Petition for Reconsideration, adopting the WCJ's reasoning for imposing the sanctions.

Workers' Compensation Appeals BoardPetition for RemovalPetition for ReconsiderationFirst Amended Order Imposing SanctionsMandatory Settlement ConferenceAdministrative Law JudgeSubstantive Right and LiabilityExtraordinary RemedyInterim Procedural OrderInterlocutory Order
References
4
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