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The Appeals Board granted reconsideration and rescinded a WCJ's order awarding attorney's fees to the applicant. The WCJ had awarded fees for the defendant's failure to appear at a trial on March 18, 2016, citing Labor Code Section 5813. However, the Board found that the defendant provided a reasonable excuse for its inadvertent failure to appear due to a calendaring error and that there was no evidence of bad faith or a pattern of non-appearance. Therefore, attorney's fees were deemed not warranted under these circumstances.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded a WCJ's order awarding attorney's fees to the applicant. The WCJ had awarded fees for the defendant's failure to appear at a trial on March 18, 2016, citing Labor Code Section 5813. However, the Board found that the defendant provided a reasonable excuse for its inadvertent failure to appear due to a calendaring error and that there was no evidence of bad faith or a pattern of non-appearance. Therefore, attorney's fees were deemed not warranted under these circumstances.
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