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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing $2,500 in sanctions against National Insurance Company and its attorney.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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order imposing $2,500 in sanctions against National Insurance Company and its attorney.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.
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