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

Case No. ADJ3885285 (FRE 0248529) ADJ3795787 (FRE 0247126)
Regular
Dec 30, 2008

Larry Shores vs. CITY OF MADERA; ACCLAMATION FRESNO

This case concerns a worker's compensation claim for a back and spine injury sustained by Larry Shores. The Board granted reconsideration, rescinded sanctions imposed on the defendant for litigation tactics, and rescinded a penalty for delayed temporary disability payments. However, it otherwise affirmed the finding of industrial injury, awarded penalties for unreasonable delay in medical treatment, and upheld the need for ongoing medical care, including surgery.

Workers' Compensation Appeals BoardLarry ShoresCity of MaderaAcclamation FresnoADJ3885285ADJ3795787Opinion and Order Granting ReconsiderationFindings and AwardWCJIndustrial Injury
References
Case No. ADJ6679249
Regular
Jun 08, 2010

GREG TOBER vs. GARVEY SCHOOL DISTRICT; PERMISSIBLY SELF-INSURED, ADMINISTERED BY YORK, FORMERLY SOUTHERN CALIFORNIA RISK MANAGEMENT ASSOCIATES

This case involves a defendant's petition for reconsideration of a Workers' Compensation Appeals Board (WCAB) order imposing sanctions under Labor Code section 5813. The original order found the defendant's attorney liable for sanctions due to alleged bad-faith actions and unnecessary delay in responding to discovery requests. Upon review, the WCAB granted reconsideration, rescinded the original order, and denied both the applicant's petition for attorney's fees and the defendant's petition for sanctions. The WCAB determined that while there was a delay, the defendant's actions did not meet the legal threshold for bad faith, frivolousness, or intentional delay required by section 5813.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationLabor Code section 5813SanctionsWCJdiscovery issuebad faithfrivolousunnecessary delayPetition for Discovery Order
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. ADJ13332737, ADJ15218980, ADJ12640295
Significant

ABEL HIDALGO, et al. vs. ROMAN CATHOLIC ARCHBISHOP, permissibly self-insured, administered by SEDGWICK, et al.

The Workers' Compensation Appeals Board imposed sanctions totaling $15,000 against attorneys Susan Garrett and Lance Garrett for filing frivolous petitions for reconsideration with the willful intent to disrupt or delay court proceedings.

Labor Code Section 5813SanctionsWillful IntentImproper MotiveIndisputably Without MeritPetitions for ReconsiderationDelay of ProceedingsReasonable ExpensesAttorney's FeesEn Banc Decision
References
Case No. ADJ10330377
Regular
Jul 10, 2017

Taylor Baugh vs. Action Holdings, Inc., XL Specialty Insurance

This case concerns a defendant's petition for reconsideration regarding a 10% penalty for underpayment of temporary disability benefits. The Workers' Compensation Appeals Board granted reconsideration and amended the original decision. The penalty was adjusted to apply only to the specific amount of temporary disability that was delayed, not the entire awarded sum, in accordance with Labor Code section 5814.

Labor Code section 5814Petition for ReconsiderationTemporary DisabilityUnderpaymentPenaltyWCJWorkers' Compensation Appeals BoardFindings and AwardDecision After Reconsiderationunreasonable delay
References
Case No. ADJ7354587
Regular
Oct 02, 2012

STEVEN LUEVANO vs. JUNIOR'S CAR STEREO, FIRST COMP OMAHA FOR ENDURANCE INSURANCE COMPANY

The Workers' Compensation Appeals Board affirmed the dismissal of Steven Luevano's case for failure to prosecute. Applicant's attorneys failed to provide sufficient evidence of good cause to justify the prolonged inactivity of the claim. Consequently, the Board imposed $1,500 in sanctions jointly and severally against applicant's attorneys for frivolous actions and unnecessary delay.

Workers' Compensation Appeals BoardSanctionsFailure to ProsecuteReconsiderationMedical Provider Network (MPN)Panel Qualified Medical Evaluator (PQME)Agreed Medical Evaluator (AME)Bad Faith ActionsFrivolous TacticsUnnecessary Delay
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. SFO 0495624
Regular
Feb 11, 2008

TUALATAI AUIMATAGI vs. CITY AND COUNTY OF SAN FRANCISCO

The Workers' Compensation Appeals Board granted reconsideration to rescind sanctions imposed on the City and County of San Francisco. While affirming the original award of permanent disability and further medical treatment, the Board found the defendant's challenge to the agreed medical evaluator's methodology was based on a good-faith, albeit mistaken, belief and did not constitute frivolous conduct or unnecessary delay. Therefore, sanctions were deemed unwarranted under Labor Code section 5813.

Tualatai AuimatagiCity and County of San FranciscoFindings Award & OrderAgreed Medical EvaluatorAlfredo Fernandez M.D.American Medical Association GuidesAMA GuidesGait Derangement Methodwhole person impairmentpermanent disability
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
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