Home/Case Law/DAVID MARTIN vs. CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES OF SACRAMENTO
Regular DecisionReconsideration

DAVID MARTIN vs. CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES OF SACRAMENTO

Filed: Nov 16, 2020
Fresno
ADJ8750255 (MF), ADJ9260421

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted a petition for reconsideration to amend findings of fact. Petitioners, a lien claimant group, failed to appear at four duly noticed hearings, leading to the WCJ finding them in contempt and ordering attorney's fees and sanctions totaling $3,750. While the WCAB affirmed the sanctions for bad faith conduct under Labor Code § 5813 and former WCAB Rule 10561, it clarified that the WCJ erroneously found contempt, as only the Appeals Board has the authority to issue contempt findings. The WCAB found no good cause for petitioners' repeated failures to appear.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted a petition for reconsideration to amend findings of fact. Petitioners, a lien claimant group, failed to appear at four duly noticed hearings, leading to the WCJ finding them in contempt and ordering attorney's fees and sanctions totaling $3,750. While the WCAB affirmed the sanctions for bad faith conduct under Labor Code § 5813 and former WCAB Rule 10561, it clarified that the WCJ erroneously found contempt, as only the Appeals Board has the authority to issue contempt findings. The WCAB found no good cause for petitioners' repeated failures to appear.

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DAVID MARTIN vs. CORCORAN STATE PRISON, STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES OF SACRAMENTO (2020) – Fresno | CompFox