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

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. ADJ8128282
Regular
Jan 23, 2014

ANGELA EGBIKUADJE vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATIONS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior award, returning the case for further proceedings. The defendant, California Department of Corrections and Rehabilitation, argued that the applicant's psychiatric injury claim was preempted by the ADA and not proven under Labor Code section 3208.3. The Board found the original decision lacked proper analysis regarding predominant industrial causation and the good faith personnel action defense. Therefore, the case was remanded for further development of the record, including expert medical opinion on these issues.

Workers' Compensation Appeals BoardAngela EgbikuadjeCalifornia Department of Corrections and RehabilitationLegally UninsuredState Compensation Insurance FundADJ8128282Van Nuys District OfficeReconsiderationFindings and AwardIndustrial cumulative trauma injury
References
Case No. ADJ8481546
Regular
Nov 01, 2013

STEPHEN PRICE vs. WESTERN NATIONAL SECURITIES, LIBERTY MUTUAL INSURANCE COMPANY

This case involves a workers' compensation applicant who petitioned for reconsideration of a Workers' Compensation Judge's findings regarding medical treatment and MPN compliance. The Appeals Board has granted the petition for further study and issued a Notice of Intention to Impose Sanctions against the applicant's attorney, Susan M. Garrett and her law firm. The basis for the potential sanctions includes the attorney's petition exceeding page limits, failing to follow procedural rules, and making arguments unsupported by the record. The Board will consider imposing monetary sanctions and attorney fees if good cause to the contrary is not shown within ten days.

Workers Compensation Appeals BoardPetition for ReconsiderationMedical Provider NetworkMPNself-procured medical treatmentunreasonable delayunreasonable denialsanctionsLabor Code Section 5813Board Rule 10561
References
Case No. ADJ4141215 (MON 0288595) ADJ4160601 (MON 0288596) ADJ2249717 (MON 0300098)
Regular
Dec 27, 2011

DOREEN LABOY vs. STATE OF CALIFORNIA, DEPARTMENT OF MENTAL HEALTH, Legally Uninsured; STATE COMPENSATION INSURANCE FUND / STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Reconsideration, finding their argument regarding AMA Guidelines irrelevant due to a prior stipulation to the 1997 Rating Schedule. The WCAB granted removal to issue notices of intention to impose sanctions and award attorney's fees/costs against the defendant and their counsel. This action is based on the defendant's frivolous and bad-faith tactics in raising an issue for the first time on reconsideration that was not previously litigated or argued. The defendant's petition is deemed without merit and solely intended to cause unnecessary delay.

LABOYDOREENSTATE OF CALIFORNIADEPARTMENT OF MENTAL HEALTHSTATE COMPENSATION INSURANCE FUNDJOINT FINDINGS AND AWARDPETITION FOR RECONSIDERATIONREMOVALNOTICES OF INTENTIONORDER TO PAY EXPENSES
References
Case No. ADJ9719826
Regular
Aug 12, 2016

ABIGAIL FLORES vs. RISSE CONSTRUCTION CO., AMTRUST NORTH AMERICA

This case involves a defendant's petition for reconsideration of a $\$1000$ sanction order for bad-faith actions. The sanction was imposed due to the defendant's egregious delay and frivolous objections in paying a $\$180$ interpreter's lien, which took over eight months and required multiple billings and a court order. The Workers' Compensation Appeals Board denied the petition, upholding the WCJ's finding of frivolous conduct intended to cause unnecessary delay. The Board also affirmed that due process was satisfied by providing the defendant notice and an opportunity to respond to the sanctions.

WCABPetition for ReconsiderationSanctionsOrder Imposing SanctionsBad Faith ActionsFrivolous ConductWCJLien ClaimUnnecessary DelayCertified Interpreter
References
Case No. ADJ7703832
Regular
Nov 16, 2012

WAI SAM LEONG vs. CALIFORNIA STATE UNIVERSITY FULLERTON, LEGALLY UNINSURED, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES

This case concerns a workers' compensation claim where the applicant alleged a psyche injury. The defendant's attorney, John Langevin of Floyd, Skeren & Kelly, LLP, engaged in bad-faith tactics by improperly contacting a Qualified Medical Evaluator (QME) and filing a frivolous Petition for Removal. The Workers' Compensation Appeals Board (WCAB) granted reconsideration and intends to impose sanctions, including significant attorney's fees and penalties to the General Fund, against Langevin and his firm for these actions. The WCAB found the defendant's position regarding a clerical error in the QME request to be without merit and solely intended to cause delay.

WCABReconsiderationSanctionsLabor Code 5813WCAB Rule 10561Petition for RemovalPanel QMEClerical ErrorBad Faith TacticsFrivolous
References
Case No. MON 0280037 MON 0280038
Regular
Aug 01, 2007

TERRI M. CRUMPTON vs. 21ST CENTURY INSURANCE, NATIONAL UNION FIRE INSURANCE COMPANY

This case involves sanctions imposed against Dan Escamilla, the hearing representative for lien claimant David Silver, M.D. Escamilla is ordered to pay $2,500 for his bad-faith and frivolous actions, which were intended to cause unnecessary delay. The matter is returned to the trial level for further proceedings, including a determination of the defendant's reasonable expenses incurred due to Dr. Silver's conduct.

Workers' Compensation Appeals BoardSanctionsBad-faithFrivolousUnnecessary DelayHearing RepresentativeLien ClaimantNotice of IntentionDavid Silver M.D.Dan Escamilla
References
Case No. ADJ7350821
Regular
Dec 26, 2012

TIRSA GONZALES vs. HELICOPTER TECHNOLOGY COMPANY, EMPLOYER'S COMPENSATION INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed an Order to Dismiss for lien claimant Orthomed, LLC, and its representatives due to their failure to appear at trial after proper notice. The Board found their subsequent petition for reconsideration and objection lacked merit and contained misrepresentations. Consequently, the Board imposed $1,000 in sanctions jointly and severally against Orthomed, Christopher Huizar, and Innovative Medical Management for engaging in frivolous actions intended to cause unnecessary delay.

Labor Code section 5813Appeals Board Rule 10561SanctionsLien claimantReconsiderationOrder to DismissNotice of TrialFailure to AppearUntimely ObjectionBad-faith actions
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. ADJ8403797
Regular
Dec 20, 2013

KEVIN WISE vs. CITY OF OAKDALE

The Workers' Compensation Appeals Board granted reconsideration of a finding that applicant sustained a compensable industrial injury. Defendant's petition for reconsideration is being reviewed due to the improper citation of an unpublished case, *Robinson v. Workers' Compensation Appeals Board*, as binding authority. The Board intends to sanction defendant's attorneys $500 for this misrepresentation, which appears to be a frivolous tactic intended to cause delay.

Workers' Compensation Appeals BoardMultiple MyelomaPlasmacytomaLabor Code Section 3212.1ReconsiderationSanctionBad-Faith ActionsFrivolous TacticsUnnecessary DelayUnpublished Opinion
References
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