WCPanelIQ
PanelGranted

Berenice Lua Damian — ADJ17108250

BERENICE LUA DAMIAN, Applicant vs. CONSOLIDATED STAFFING SOLUTIONS, INC.; SOUTHEAST PERSONNEL LEASING; MARKEL SERVICES OMAHA; STATE NATIONAL INSURANCE COMPANY; PACKARD CLAIMS ADMINISTRATION, Defendants

ADJ number
ADJ17108250
Decision date
May 18, 2026
District office
San Bernardino
WCJ
—
Claim administrator
Packard Claims Administration
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: wrist(s)

LC §5909LC §5900LC §5813LC §5903LC §5952LC §5313LC §5710CCR §10421CCR §10832CCR §10750CCR §10803CCR §10510CCR §10787

Summary

Applicant Berenice Lua Damian filed a claim for a wrist injury sustained while working for Consolidated Staffing as a warehouse worker. Markel was erroneously listed as a claims administrator on the Application, and CBE Law Group later appeared on behalf of Southeast, State National, and Packard, who were never formally joined as defendants. The WCJ issued sanctions, attorney's fees, and costs against multiple parties and attorneys for various procedural failures, including filing letters rather than formal petitions for dismissal, failing to correct the EAMS record, failing to appear in person, and delaying applicant's settlement. The Appeals Board granted reconsideration and rescinded the February 18, 2026 F&O, finding that none of the cited conduct rose to the level of sanctionable behavior under Labor Code section 5813 or WCAB Rule 10421(b), that no evidence was taken at trial to support the sanctions, and that the dismissed entities were no longer under the Board's jurisdiction.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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