Medical Data Electronics; Travelers Diamond Bar Alan Cronin WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAALAN CRONIN, Applicantvs.MEDICAL DATA ELECTRONICS; TRAVELERS DIAMOND BAR, Defendants.Case No. ADJ353821 (VNO 0385973)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Defendant. Medical Data Electronics, by and through its insurer, Travelers Insurance Company, seeks reconsideration of the Findings and Order, issued September 23..2010. in which a workers’ compensation administrative law judge (WCJ) denied defendant’s request for leave to lake the deposition of Maria Cronin, the wife and care-giver of applicant Alan Cronin. The WCJ deemed defendant’s petition to be frivolous pursuant to Labor Code section 5813. and awarded sanctions of S7.910.00. in the form of attorney’s fees payable to applicant’s attorney. Defendant contends the WCJ acted in excess of his authority, that the evidence does not justify the Findings of Fact, and that die Findings of Fact do not support the decision. More specifically, defendant contends first that the WCJ’s determination that there is no good cause to take the deposition of Mrs. Cronin is not justified where defendant was required by the prior protective order to seek leave to take further depositions, and her deposition is necessary to investigate applicant’s “series of falls” from his wheelchair and that her failure to repon ‘ these falls’* “warrants serious investigation into just what services Mrs. Cronin actually provides that Defendants pay for. Defendants also had serious good-faith concerns regarding possible subrogation potential.” (Emphasis in original.) Defendant further argues that the finding that its petition to take the deposition was frivolous is not justified because it was required by the , protective order and defendant acted in good faith. Defendant timber asserts that because defendant lacked subjective had faith its conduct could not be found frivolous. Defendant next co
