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California WCAB Issues Notice to Sanction Defense Counsel for Alleged False Statements

Jean Cardinale v. First Blackhawk Financial Corporation Sanctions—WCAB, removing matter on its own motion, issued notice of its intention to impose $250.00 sanction on defense counsel pursuant to Labor Code § 5813 and 8 Cal. Code Reg. § 10561, for filing a verified petition for reconsideration...

Emerging Trend at California WCAB: Sanctions & Costs

Recently, the WCAB imposed sanctions (sometimes on its own motion) and awarded costs for actions and tactics noted in Labor Code §5813 and described in more detail under Rule 10561 (which I invite you to review). Labor Code §5813 says: “(a) The workers’ compensation referee or...

California EAMS: What Are SPDs?

When the WCAB issued “significant panel decision (SPD),” Hernandez v. AMS Staff Leasing, (2011) 76 CCC – on April 11, 2011, many practitioners wondered, “What in the world is a ‘significant panel decision (SPD)’?” History of the “significant...

California: What Actions, If Any, Should Be Taken When We Are Still Getting Medical Reports From Out-Of-Network Physicians?

LIVING IN A POST VALDEZ WORLD HOW DO WE DETERMINE WHETHER WE HAVE A DEFENSE? Please recall the WCAB En Banc decision in Valdez v. Warehouse Demo Services/Zurich [ADJ7048296] where on 4/20/11, the WCAB Commissioners, with two partially dissenting opinions, held that where unauthorized medical treatment...

California: Follow the Rules When Petitioning for Reconsideration

Lexis.com subscribers can link to the cases and rules cited below. A petition for reconsideration is an extremely valuable tool for ensuring that a workers’ compensation administrative law judge (WCJ) has made the correct determination during the course of a workers’ compensation proceeding...