LEOBARDO SANCHEZ vs. SCHAPER CONSTRUCTION, INC., ZURICH AMERICAN INSURANCE COMPANY

This case concerns a workers' compensation appeal where the defendant, Schaper Construction/Zurich Insurance, sought reconsideration of an order denying a replacement panel and awarding sanctions. The defendant argued that sanctions were improper because they were permissible in taking a position contrary to WCAB panel decisions. However, the Workers' Compensation Appeals Board (WCAB) denied reconsideration, adopting the WCJ's report which found the defendant's actions to be in bad faith. The WCJ noted that the defendant improperly sought a new panel despite the applicant waiving time limits, and then scheduled an appointment with the new panel even further out.