Home/Case Law/MARK SMITH vs. PEOPLE LEASE/LEONARD TRUCKING, INC., NATIONAL INTERSTATE INSURANCE COMPANY
Regular DecisionRegular Panel Decision

MARK SMITH vs. PEOPLE LEASE/LEONARD TRUCKING, INC., NATIONAL INTERSTATE INSURANCE COMPANY

Filed: Aug 24, 2018
Anaheim
ADJ9882038

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing $2,500 in sanctions against National Insurance Company and its attorney. The sanctions were initially imposed by a WCJ for failing to provide evidence justifying why further record development on AOE/COE was unnecessary. The WCAB found that while the defendant's legal position challenging the need for additional Qualified Medical Evaluator (QME) panels was ultimately unsuccessful, it was a valid challenge in an unsettled area of law. Therefore, the WCAB determined the defendant did not engage in frivolous or bad-faith tactics warranting sanctions.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing $2,500 in sanctions against National Insurance Company and its attorney. The sanctions were initially imposed by a WCJ for failing to provide evidence justifying why further record development on AOE/COE was unnecessary. The WCAB found that while the defendant's legal position challenging the need for additional Qualified Medical Evaluator (QME) panels was ultimately unsuccessful, it was a valid challenge in an unsettled area of law. Therefore, the WCAB determined the defendant did not engage in frivolous or bad-faith tactics warranting sanctions.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

MARK SMITH vs. PEOPLE LEASE/LEONARD TRUCKING, INC., NATIONAL INTERSTATE INSURANCE COMPANY (2018) – Anaheim | CompFox