STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES-IHSS, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND, BEVERLY DeROSA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABEVERLY DeROSA, Applicant,vs.STATE OF CALIFORNIA, DEPARTMENT OF SOCIAL SERVICES-IHSS, legally uninsured and adjusted by STATE COMPENSATION INSURANCE FUND, Defendant.Case No.’ ADJ3587014 (MON 0284627)OPINION AND ORDER DENYING RECONSIDERATION, In a petition filed on May 21, 2009, defendant seeks reconsideration of the Supplemental Findings and Order Imposing Sanctions of March 23, 2009, as amended by the Amended Supplemental Findings and Order Imposing Sanctions and Attorney’s Fees of April 30, 2009. In relevant part of the initial March 23, 2009 decision, the workers’ compensation ‘judge (WCJ) ordered defendant to pay an $1,800 sanction to the Appeals Board’s General Fund and an $1,800 attorney’s fee to applicant’s counsel, both pursuant to Labor Code section 53131, for its claims examiner’s willful failure to timely comply with a September 27, 2007 Order requiring it to serve applicant’s counsel with applicant’s earnings information. In the amended April 30, 2009 decision, issued by the WCJ pursuant to Appeals Board Rule 10859 (Cal. Code Regs., tit. 8, § 10859) after applicant sought reconsideration the initial March 2009 decision, the WCJ ordered defendant to pay applicant’s counsel an attorney’s fee of nearly $3,700, rather than the initially imposed $1,800. Defendant contends that it should not have to pay applicant’s counsel the attorney’s fee of nearly $3,700, arguing that it complied with September 2007 Order and, even if it did not fully comply, that its claims examiner’s actions were not in bad-faith, and that the awarded attorney’s fee is “excessive and unjust. 1All further statutory references are to the Labor Code. unless otherwise noted. , Applicant filed an answer to defendant’s petition for reconsideration. The WCJ prepared a
