STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES, Adjusting Agency, ANGELA NOWICKI, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANGELA NOWICKI, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION, Legally Uninsured; STATE COMPENSATION INSURANCE FUND, STATE CONTRACT SERVICES, Adjusting Agency, Defendants.Case No. ADJ6788427OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTERRECONSIDERATION Defendant, State of California, Department of Parks and Recreation, legally uninsured, and adjusted by State Compensation Insurance Fund, seeks reconsideration of the Findings and Order, issued October 1, 2009, in which a workers’ compensation administrative law judge (WCJ) imposed a sanction of $250.00, pursuant to Labor Code section 5813, finding defendant engaged in “a bad faith action or tactic that was frivolous or solely intended to cause unreasonable delay,” by failing to respond to the WCJ’s request that it file documentation establishing that applicant was advised of her right to a panel Qualified Medical Evaluator at the time the parties submitted stipulations with request for award, settling her claim for a March 12, 2008 industrial injury to her right knee. Defendant contests the imposition of a sanction, contending that its failure to respond to the WCJ’s June 15, 2009 Order Suspending Action in which the WCJ’s request for documentation was made, was not deserving of a sanction as it was not frivolous or intended to cause unnecessary delay. As we find defendant’s action does not rise to a level of misconduct justifying the , imposition of a sanction under Section 5813, we shall grant reconsideration and reverse the WCJ’s order.I. Upon receipt of the parties’ Stipulations with Request for Award, the WCJ issued an order on Jun 15,2009 , suspending action pending the submission by defendant of proof that
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