CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and affirmed a prior decision allowing deposition attorney's fees under Labor Code section 5710(b)(4). This was despite the applicant providing perjured testimony at depositions, as the Appeals Board found the applicant's overall claim of industrial injury was not fraudulent. The Board emphasized that the award of such fees is discretionary and they found no sufficient basis to overturn the judge's exercise of discretion.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and affirmed a prior decision allowing deposition attorney's fees under Labor Code section 5710(b)(4). This was despite the applicant providing perjured testimony at depositions, as the Appeals Board found the applicant's overall claim of industrial injury was not fraudulent. The Board emphasized that the award of such fees is discretionary and they found no sufficient basis to overturn the judge's exercise of discretion.
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