KLLM TRANSPORTATION, INC. Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES BRYAN CRUZ WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRYAN CRUZ, Applicant,vs.KLLM TRANSPORTATION, INC. Permissibly Self-Insured, Administered BySEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants.Case No. ADJ7421461(Long Beach District Office)OPINION AND DECISION AFTER RECONSIDERATIONAND ORDER IMPOSING SANCTIONS Applicant Bryan Cruz (applicant) sought reconsideration of the Order issued on April 5, 2012, wherein the workers’ compensation administrative law judge (WCJ) dismissed his case without prejudice for failure to prosecute pursuant to Appeals Board Rule 10582 (Cal. Code Regs., tit. 8, § 10582) [Rule 10582]. Applicant contended that the WCJ erred because he did not receive proper notice and the matter was not set for a hearing before dismissal, and thus, the Order should be vacated. We received an answer from defendant. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ which recommended that the petition be denied. On June 22, 2012, we granted applicant’s petition for reconsideration to issue notice of our intention to impose sanctions pursuant to Labor Code section 5813 and Appeals Board Rule 10561 (Cal. Code Regs., tit. 8, § 10561) [Rule 10561] jointly and severally against applicant’s attorneys Jonathan P. Brian and Perona, Langer,. Beck, Serbin & Mendoza for bad-faith actions and tactics which were frivolous or solely intended to cause unnecessary delay. On July 7, 2012, applicant’s attorney Jonathan P. Brian (Brian) filed a response. We have reviewed the record and considered the allegations of the petition for reconsideration, the answer, and applicant’s attorneys’ response, and the contents of the Report. Based on our review of the record and for the reasons discussed below, we will affirm the Order of April 5, 2012. We will also , order sanct
BRYAN CRUZ vs. KLLM TRANSPORTATION, INC. Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES
KLLM TRANSPORTATION, INC. Permissibly Self-Insured, Administered By SEDGWICK CLAIMS MANAGEMENT SERVICES BRYAN CRUZ WORKERS' COMPENSATION APPEALS BOARDSTATE OF CALIFORNIABRYAN CRUZ, Applicant, filed a petition for reconsideration of the Order issued on April 5, 2012, wherein the workers' compensation administrative law judge (WCJ) dismissed his case without prejudice for failure to prosecute. The Appeals Board granted the petition for reconsideration and ordered sanctions jointly and severally against applicant's attorneys Jonathan P. Brian and Perona, Langer, Beck, Serbin & Mendoza of $1,000.00 for bad
- Filed On:
- Court: California, Long Beach
- Case No. ADJ7421461
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