CompFox AI Summary
This case involves a petition for removal filed by the defendant against an order taking the matter off calendar. The defendant contended that the issue of its affirmative defense under Labor Code section 3208.3(d) should be bifurcated and proceed to trial. The Workers' Compensation Appeals Board (WCAB) granted the petition for removal, but not for the reasons argued by the defendant regarding bifurcation. Instead, the WCAB granted removal solely to address the issue of sanctions, finding that the defendant's petition was frivolous and potentially filed in bad faith due to fabricated citations and misrepresentations of legal precedents. The WCAB issued a Notice of Intention to impose sanctions of up to $2,500.00 jointly and severally against the defendant parties and their attorneys.
Full Decision Text1 Pages
This case involves a petition for removal filed by the defendant against an order taking the matter off calendar. The defendant contended that the issue of its affirmative defense under Labor Code section 3208.3(d) should be bifurcated and proceed to trial. The Workers' Compensation Appeals Board (WCAB) granted the petition for removal, but not for the reasons argued by the defendant regarding bifurcation. Instead, the WCAB granted removal solely to address the issue of sanctions, finding that the defendant's petition was frivolous and potentially filed in bad faith due to fabricated citations and misrepresentations of legal precedents. The WCAB issued a Notice of Intention to impose sanctions of up to $2,500.00 jointly and severally against the defendant parties and their attorneys.
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