Home/Case Law/DANIEL BISHOP vs. KIEWIT PACIFIC COMPANY, AMERICAN HOME ASSURANCE COMPANY
Regular DecisionReconsideration

DANIEL BISHOP vs. KIEWIT PACIFIC COMPANY, AMERICAN HOME ASSURANCE COMPANY

Filed: Dec 18, 2008
Fresno
ADJ1167493 (FRE 0236363)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) affirmed that Daniel Bishop sustained an industrial injury to multiple body parts and was entitled to benefits. However, the WCAB reduced the $$ 2,500$ sanction imposed on the defendant to $$ 500$, finding that only the failure to provide medical records to a QME constituted a bad-faith discovery violation under Labor Code section 5813. The WCAB clarified that sanctions under section 5813 are for procedural litigation abuses, not direct benefit delays, and found no misconduct in the defense counsel's deposition questioning.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) affirmed that Daniel Bishop sustained an industrial injury to multiple body parts and was entitled to benefits. However, the WCAB reduced the $$ 2,500$ sanction imposed on the defendant to $$ 500$, finding that only the failure to provide medical records to a QME constituted a bad-faith discovery violation under Labor Code section 5813. The WCAB clarified that sanctions under section 5813 are for procedural litigation abuses, not direct benefit delays, and found no misconduct in the defense counsel's deposition questioning.

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