SANCTIONS– When an attorney's conduct clearly causes delay, by failing to communicate a settlement to the insurance carrier, and also failed to advise the client of the pending settlement so that it could be presented to the school board for approval, the WCJ properly found that the defense attorney's conduct was egregious and far more than simple negligence and was therefore a bad-faith tactic for which sanctions were imposed against the defense attorney. Santa Ana Unified School District v. Workers' Compensation Appeals Board (Melvin Mitchell) 7 WCAB Rptr. 10,316 [Writ Denied]
SANCTIONS– Labor Code §5813– The persistent argument against an established principle of law does not constitute bad-faith actions or tactics and are not frivolous or solely intended to cause unnecessary delay so as to be subject to imposition of sanctions. Maria Chavez v. Workers' Compensation Appeals Board, Department of Motor Vehicles. 6 WCAB Rptr. 10,139
WCAB PROCEDURE– Sanctions against attorney– Labor Code &sec;5813– A WCJ can properly make a factual determination that the conduct of a particular attorney practicing before the WCAB should be supervised more closely to aid him in behaving in a professional manner, and thereby enabling the attorney to more effectively represent his client's interests before the WCAB. There is nothing improper in such a finding and Labor Code &sec;5813 specifically provides for an award of fees and costs that may be made against a party or the attorney for the party. [In this case the refusal of a defense witness to answer a question and the instruction of defense counsel to that witness not to answer a question at his deposition was frivolous, in bad faith and without justification, and imposing sanctions under Labor Code &sec;5813 of $500.00 payable to applicant's attorney as attorney fees and $500.00 to the General Fund was proper.] Willie T. Cabanilla v. Workers' Compensation Appeals Board (Regina Rivera) 5 WCAB Rptr. 10,295
SANCTIONS– Labor Code §5813– The Appeals Board is the proper body to determine whether a particular petition for reconsideration is frivolous in violation of Labor Code §5813. As a general rule, and absent a specific directive to the trial-level WCJ, the Appeals Board will assume control over, and make the decision on, the issue of whether a petition for reconsideration is a frivolous pleading for purposes of imposing sanctions under Labor Code §5813. Memorial Hospital Association v. Workers' Compensation Appeals Board (Oddie Harris) 4 WCAB Rptr. 10,204
SANCTIONS– Proceedings for contempt/sanctions for failure to comply with order for deposition and refusal to be deposed– In this case, the WCJ properly found that the applicant's QME knowingly, willfully obstructed defendant's attempts to obtain his deposition. Substantial evidence supported the findings in which the QME was ordered to repay the defendants all fees and payments he received in the case including the fee paid for his deposition and the fees for his reports. James Lineback, M.D. v. Workers Compensation Appeals Board (Robert Williams) 3 WCAB Rptr. 10,170
SANCTIONS– Labor Code §5813– The award of sanctions was supported in this case by a clear showing of bad-faith actions or tactics that were frivolous or solely intended to cause unnecessary delay. Ramon Baldando v. Workers' Compensation Appeals Board, Danly Die. 3 WCAB Rptr. 10,060
SANCTIONS– Labor Code §5813– The defendant engaged in a frivolous bad faith action when the defendant unreasonably delayed the payment of wage loss associated with applicant's attendance at this deposition. Rick's Body Shop v. Workers' Compensation Appeals Board (Chris Gurule) 3 WCAB Rptr. 10,043
SANCTIONS– Labor Code §5813 and Title 8 §10561– Before issuing an order for sanctions, the alleged offending party or attorney must be given notice and an opportunity to be heard. The order to Pay Sanctions in this case complied with this requirement since the order stated that it would become final within 20 days of service unless an objection was received within 20 days, in which case the matter would be convened for trial on the merits of the sanctions. Marcel Poma v. Workers' Compensation Appeals Board (Slater Brothers Market) 3 WCAB Rptr. 10,030
