Home/Case Law/RAFAELA GARCIA vs. SILVERTON LAW OFFICES, STATE COMPENSATION INSURANCE FUND
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RAFAELA GARCIA vs. SILVERTON LAW OFFICES, STATE COMPENSATION INSURANCE FUND

Filed: Dec 11, 2010
ADJ3219750 (LAO 0795115)

CompFox AI Summary

The Appeals Board granted removal and rescinded a WCJ's order to show cause why sanctions should not be assessed against lien claimant VQ OrthoCare. This order stemmed from VQ OrthoCare's litigation manager inadvertently checking the wrong box on an e-form, requesting a status conference instead of a lien conference. The Board found no legal basis for sanctions under the applicable rules, as the error was a mistake on a recently amended form and did not constitute bad faith or frivolous conduct. The Petition for Reconsideration was dismissed as the order was interlocutory.

Full Decision Text1 Pages

The Appeals Board granted removal and rescinded a WCJ's order to show cause why sanctions should not be assessed against lien claimant VQ OrthoCare. This order stemmed from VQ OrthoCare's litigation manager inadvertently checking the wrong box on an e-form, requesting a status conference instead of a lien conference. The Board found no legal basis for sanctions under the applicable rules, as the error was a mistake on a recently amended form and did not constitute bad faith or frivolous conduct. The Petition for Reconsideration was dismissed as the order was interlocutory.

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RAFAELA GARCIA vs. SILVERTON LAW OFFICES, STATE COMPENSATION INSURANCE FUND (2010) – | CompFox