Home/Case Law/CHARLES MALINOWSKI vs. HSM ELECTRONIC PROTECTION SERVICES, INC., SPECIALTY RISK
Regular DecisionRegular Panel Decision

CHARLES MALINOWSKI vs. HSM ELECTRONIC PROTECTION SERVICES, INC., SPECIALTY RISK

Filed: May 20, 2013
San Luis Obispo
ADJ6849643

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order setting the case for trial and closing discovery, as such procedural orders are not final and thus not subject to reconsideration. The WCAB granted removal on its own motion, finding the defendant's petition frivolous and indicative of bad faith tactics intended to delay proceedings. Consequently, the WCAB issued a notice of intention to sanction the defendant and its counsel jointly and severally, up to $1,500, for their improper procedural filing. The matter will proceed with trial pending the resolution of the sanctions issue.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of an order setting the case for trial and closing discovery, as such procedural orders are not final and thus not subject to reconsideration. The WCAB granted removal on its own motion, finding the defendant's petition frivolous and indicative of bad faith tactics intended to delay proceedings. Consequently, the WCAB issued a notice of intention to sanction the defendant and its counsel jointly and severally, up to $1,500, for their improper procedural filing. The matter will proceed with trial pending the resolution of the sanctions issue.

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CHARLES MALINOWSKI vs. HSM ELECTRONIC PROTECTION SERVICES, INC., SPECIALTY RISK (2013) – San Luis Obispo | CompFox