Bruce Moore, vs. Jemico, Llc; Liberty Mutual Fire Insurance Co.,

This case involves Bruce Moore, who was injured in a motorcycle accident while working as a sales product manager for Jemico, LLC. Liberty Mutual Fire Insurance Co. was the workers' compensation insurer for Jemico. Moore filed a claim for workers' compensation benefits, which was denied by Liberty Mutual. Moore then filed a petition for reconsideration, which was granted by the Workers' Compensation Appeals Board. The Board also issued a Notice of Intention to Impose Sanctions and Reasonable Expenses against attorney Stephanie Scanlan Ross, the Law Offices of Santana, Vierra & Symonds, Jemico, LLC, and Liberty Mutual Fire Insurance Co., jointly and severally, for filing a petition for reconsideration that was unsupported by specific references to the

Jemico, Llc; Liberty Mutual Fire Insurance Co., Bruce Moore, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRUCE MOORE,Applicant,vs.JEMICO, LLC; LIBERTY MUTUAL FIRE INSURANCE CO.,Defendants.Case No. ADJ10435480(Oakland District Office)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND NOTICE OF INTENTION TO IMPOSE SANCTIONS AND REASONABLE EXPENSES (Lab. Code, § 5813; Cal. Code Regs., tit. 8, § 10561)            Defendant seeks reconsideration of the Findings and A ward and Order (“F &O”) issued on February 23, 2017 by a workers’ compensation administrative law judge (WCJ). The WCJ found, in pertinent part, that applicant sustained arising out of and in the course of his employment as a sales product manager on January 20, 2016 to his back, hips, legs, lower extremities, arms, bilateral shoulders, and neck; that the injury caused temporary total disability from January 21, 2016 through the present date and continuing, less 15% to be paid as a reasonable attorney’s fee; that applicant is in need of further medical treatment and entitled to reimbursement for self-procured medical expenses (to be adjusted between the parties); and that the lien of EDD is allowed, less 15% to be paid as a reasonable attorney’s fee to applicant’s attorney. The WCJ deferred the issue of sanctions against defendant for unreasonable failure to accept the claim and for failure to produce the claim file to applicant’s counsel as requested. The WCJ issued awards and orders consistent with his findings and reserved jurisdiction over reimbursement of applicant’s self-procured medical expenses.            Defendant contends that the WCJ erred in finding in favor of applicant because 1) there was substantial evidence that applicant’s admitted methamphetamine use was a substantial factor in causing the accident; 2) the WCJ acted without or in excess of his power by not developing the record and ordering a panel qualified medical examiner in toxicology; and 3) applicant’s admission

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