Bryan Albertson vs. Kuehne & Nagel, Inc.; Travelers Property Casualty Insurance

In this case, the Workers' Compensation Appeals Board affirmed an Order Imposing Sanctions against Zurich American Insurance Company, which required them to pay a $1000 attorney's fee to the applicant's attorney. The Board granted the defendant's petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. After a commissioners' conference, Zurich paid the $2500 sanction that had been awarded. The Board noted that the issues had already been addressed and rejected in an earlier decision, and since Zurich had paid the sanction, the issue was moot.

Kuehne & Nagel, Inc.; Travelers Property Casualty Insurance Bryan Albertson WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRYAN ALBERTSON, Applicant,vs.KUEHNE & NAGEL, INC.; TRAVELERS PROPERTY CASUALTY INSURANCE, Defendant,Case No. ADJ192431OPINION AND DECISION AFTER RECONSIDERATION            On April 19, 2010, we granted defendant’s petition for reconsideration in order to allow sufficient opportunity to further study the factual and legal issues in this case. This is our decision after reconsideration.            On June 27, 2008, the workers’ compensation administrative law judge (WCJ) issued an Order Imposing Sanctions, in which he imposed ¿[sanction of a $1000 attorney’s fee payable to applicant’s attorney against Zurich American Insurance Company (Zurich). Zurich filed a petition for reconsideration, contending that there was no justification for the imposition of sanctions; that the WCJ relied exclusively on statements made to applicant’s attorney and did not consider the totality of the circumstances before imposing sanctions; that the WCJ acted in excess of his powers, and that the evidence does not justify the Order. We did not receive an answer from applicant.            Because the petition was not brought to our attention in a timely manner, we granted the petition for further study and scheduled a commissioners’ conference on May 12, 2010. The conference was attended by Commissioners Lowe, Moresi and Caplane; Richard Bailey, claims manager for Zurich; Janet Daggs Conover, applicant’s attorney; Kugcnc Trcastcr, also appearing on behalf of applicant; and Lisa C. Daly-Pshide of Narayan & Hudson, w’ho now represents Zurich. ,             Shortly after the conference, Zurich paid the $2500 sanction that had awarded on February 20, 2008.            As to the merits of the petition, we note that these issues were addressed and rejected in our Opinion and Orders Denying Petition for Reconsideration and Dismissing Petition for Removal dated April 28,

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