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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. VNO 0510043
Regular
Jan 11, 2008

JOSEPH HERRERA (Deceased) CONNIE HERRERA (Widow) vs. CITY OF MONTEBELLO, Permissibly Self-Insured, Adjusted By HAZELRIGG RISK MANAGEMENT

The Workers' Compensation Appeals Board granted reconsideration and amended a previous decision. The amended decision specifies the death benefit for the deceased applicant, Joseph Herrera, as $125,000.00, payable weekly from the date of death. The rest of the November 5, 2007 decision was affirmed.

Workers' Compensation Appeals BoardJoseph Herrera (Deceased)Connie Herrera (Widow)City of MontebelloHazelrigg Risk ManagementOpinion and Order Granting ReconsiderationDecision After ReconsiderationWCJ reportdeath benefit$\$ 125
References
Case No. ADJ1390531
Regular
Aug 06, 2015

SARITA JANE BISSETT GARCIA vs. PEACE AND JOY CARE CENTER, ILLINOIS MIDWEST INSURANCE AGENCY

This case involves a workers' compensation appeal where the Court of Appeal remanded the matter to the Board for attorney's fees. Defense counsel informed the Board that a total of $\$11,000.00$ in attorney's fees was agreed upon, with an initial payment of $\$7,500.00$ and an additional $\$3,500.00$. The Workers' Compensation Appeals Board has issued an award for these agreed-upon appellate attorney's fees. This award is payable in addition to any compensation provided to the applicant.

Workers' Compensation Appeals BoardAttorney's FeesLabor Code § 5801Petition for Writ of ReviewCourt of AppealRemandAppellate Attorney's FeesPeace and Joy Care CenterVirginia Surety Inc.Marvin L. Mathis
References
Case No. ADJ7518237; ADJ7518238
Regular
Nov 28, 2011

MARCELA ACOSTA vs. FLOYD'S 99 BARBERSHOP, STAR INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY, TOWER SELECT INSURANCE COMPANY, Administered by ILLINOIS MIDWEST INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) granted removal in this case and issued a notice of intent to sanction attorney Daniel V. Anaya $500.00 for unspecified reasons. No objection was filed by Anaya, and the $500.00 sanction was subsequently paid. The WCAB confirms the sanction and acknowledges the payment has been transmitted to the General Fund.

RemovalSanctionsWorkers' Compensation Appeals BoardDaniel V. AnayaFloyd's 99 BarbershopStar Insurance CompanyTower Select Insurance CompanyIllinois Midwest Insurance CompanyGeneral FundBradford & Barthel
References
Case No. ADJ226848 (AHM 0106960)
Regular
Oct 09, 2017

EDUARDO ESQUEDO vs. PREFERRED PERSONNEL SERVICE, ZURICH NORTH AMERICA, GALLAGHER BASSETT SERVICES

The Appeals Board reviewed the WCJ's decision to sanction a lien claimant for bad faith tactics. The claimant had inadvertently filed a lien for services on an incorrect date and continued to pursue reimbursement after notice of the error. While acknowledging the initial mistake might have been excusable, the Board upheld the finding of sanctionable conduct. However, the Board exercised its discretion to reduce the sanction amount from $\$ 1,500.00$ to $\$ 500.00$.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantSanctionsBad Faith TacticsFrivolous PetitionDelayInterpreting ServicesInadvertent FilingMandatory Settlement Conference
References
Case No. ADJ7288448, ADJ7345282
Regular
Oct 18, 2011

DERVIS ESPINAL vs. BARRETT BUSINESS SERVICES, BARRETT BUSINESS SERVICES/BBSI

The Workers' Compensation Appeals Board (WCAB) initiated sanctions against attorneys Roy J. Park and Black and Rose LLP, jointly and severally, for $500.00. This action was taken for failure to demonstrate good cause following a notice of intention to impose sanctions. No timely objection was filed by the attorneys. The WCAB accepted the payment of $500.00 received from Black and Rose LLP as full satisfaction of the imposed sanctions.

WORKERS' COMPENSATION APPEALS BOARDremovalsanctionsLabor Code section 5813Appeals Board Rule 10561jointly and severallygood causetimely objectionDecision After RemovalGeneral Fund
References
Case No. ADJ8129813
Regular
Nov 25, 2018

AIDA SANDOVAL vs. GOOD SAMARITAN HOSPITAL

The Appeals Board granted reconsideration, rescinded the WCJ's order for $5,232.00 in attorney's fees, and returned the matter for further proceedings. This decision was based on the defendant's due process claim that they were not served with the Notice of Intent to Award the fees. The Board found no proof of service for the notice, establishing a violation of due process. Furthermore, the discrepancy between the initially awarded $2,500.00 and the later $5,232.00 fee order requires further clarification at the trial level.

Labor Code section 5710attorney's feedepositiondue processreconsiderationOrder Rescindedtrial levelNotice of IntentOrder to Show Causeproof of service
References
Case No. ADJ9953908
Regular
Jan 05, 2018

ARMANDO ESTRADA vs. DELKIND, INC., HANOVER INSURANCE GROUP

This case concerns a dispute over attorney's fees arising from a workers' compensation settlement. The initial decision awarded a portion of the fees to one law firm (Pisegna) and denied any fees to another (Jacobson), who had previously represented the applicant. Jacobson petitioned for reconsideration, arguing they were entitled to a fee for services rendered. Following reconsideration, the Workers' Compensation Appeals Board (WCAB) approved a stipulation between the two firms. The WCAB's amended order now divides the withheld attorney's fees, awarding $3,550.00 to Pisegna and $500.00 to Jacobson, with $2,700.00 to the applicant.

Workers' Compensation Appeals BoardReconsiderationPetition for ReconsiderationFindings and OrderCompromise and ReleaseAttorneys' FeeLien ClaimStipulationWCJApplicant
References
Case No. ADJ921287
Regular
Nov 14, 2008

Anthony J. Coppi vs. CITY OF WEST COVINA

The Workers' Compensation Appeals Board granted reconsideration of its prior decision awarding attorney's fees. The Board increased the appellate attorney's fees from $2,500.00 to $5,675.00 and awarded $559.24 in costs. This adjustment was based on a revised review of the attorney's work, experience, and the complexity of the appellate issues, as well as the submission of billing statements and receipts.

Labor Code section 5801attorney's feesreconsiderationappellate attorney's feesOpinion and AwardPetition for Writ of ReviewWorkers' Compensation Appeals Boardhourly rateexperienceskill
References
Case No. ADJ1529826
Regular
Jun 23, 2015

MARY COSS vs. CENTURY 21, NATIONAL LIABILITY & FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) sanctioned lien claimant Psychological Assessment Services and its representative, Craig Bautzer, for $2,500.00 and ordered them to pay $915.00 in attorney's fees to defendant. This decision followed the untimely filing of the lien claimant's petition for reconsideration and objection to sanctions. The WCAB found a pattern of bad faith actions, frivolous filings, and unnecessary delay, warranting the sanctions and fees.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationSanctionsAttorney's FeesUntimely FilingBad Faith ActionsWCJ OrderDismissal of LiensPetition for Sanctions
References
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