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The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding that the defendant's petition contained material misrepresentations and presented arguments indisputably without merit. Specifically, the defendant misrepresented evidence regarding the Agreed Medical Examiner's opinion on injury AOE/COE and incorrectly claimed the applicant's employment was terminated for cause. The Board also issued a notice of intention to impose sanctions up to $1,200 against the defendant and their attorneys for frivolous tactics and misstatements of law, particularly regarding the non-apportionment of medical treatment costs.
MICHAEL GERTH vs. LABORATORY CORPORATION OF AMERICA, ACE AMERICAN INSURANCE COMPANY is a workers' compensation case decided in San Diego. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Diego.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding that the defendant's petition contained material misrepresentations and presented arguments "indisputably without merit." Specifically, the defendant misrepresented evidence regarding the Agreed Medical Examiner's opinion on injury AOE/COE and incorrectly claimed the applicant's employment was terminated for cause. The Board also issued a notice of intention to impose sanctions up to $1,200 against the defendant and their attorneys for frivolous tactics and misstatements of law, particularly regarding the non-apportionment of medical treatment costs.
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