Home/Case Law/RUDY AVILA vs. TOPCO SALES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, INC., SUPERIOR PACIFIC CASUALTY INSURANCE
Regular Decision

RUDY AVILA vs. TOPCO SALES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, SEDGWICK CMS, INC., SUPERIOR PACIFIC CASUALTY INSURANCE

Filed: Oct 18, 2012
San Francisco
ADJ149345

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed a defendant's Petition for Removal because it was untimely, filed over three months after the order it sought to challenge. The Board initially considered imposing sanctions on defense counsel for the untimely filing and for failing to disclose material facts. However, upon the defense counsel's confession of error and apology, the WCAB decided not to impose sanctions at this time. The WCAB reiterated that such untimely and meritless filings could be considered bad faith tactics and warned of future severe sanctions for non-compliance.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed a defendant's Petition for Removal because it was untimely, filed over three months after the order it sought to challenge. The Board initially considered imposing sanctions on defense counsel for the untimely filing and for failing to disclose material facts. However, upon the defense counsel's confession of error and apology, the WCAB decided not to impose sanctions at this time. The WCAB reiterated that such untimely and meritless filings could be considered bad faith tactics and warned of future severe sanctions for non-compliance.

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