Cambro Manufacturing Company; Zurich North America; State Compensation Insurance Fund, Cesareo Lagos, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACESAREO LAGOS,Applicants,vs.CAMBRO MANUFACTURING COMPANY; ZURICH NORTH AMERICA; STATE COMPENSATION INSURANCE FUND,Defendants.Case Nos. ADJ2142052 (AHM 0149913)ADJ6592788OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Lien claimant Asher E. Esagoff and his representative Lila Ramirez seek reconsideration of a workers’ compensation administrative law judge’s (WCJ) Joint Order Imposing Sanctions of December 30, 2016, wherein Labor Code section 5813 sanctions were assessed against Mr. Esagoff and Ms. Ramirez in the amount of $500.00 for “proceeding to trial knowing [they had] no evidence to meet [their] burdens of proof…” While employed as a forklift driver on June 1, 2006 (ADJ6592788) during a cumulative period ending on September 15, 2006 (ADJ2142052) applicant sustained industrial injury to his neck, shoulder, upper extremity, lower extremity, psyche and back, which, pursuant to a stipulated Award of April 11, 2012 combined to cause permanent disability of 36% and the need for further medical treatment. Mr. Esagoff does business as Hepps Prescription Pharmacy and allegedly provided medication to the applicant to treat his industrial injury. Trial on Mr. Esagoff’s lien took place on June 20, 2011. Lien claimant and his representative contend that the WCJ erred in assessing Labor Code section 5813 sanctions against them. We have not received an Answer and the WCJ has filed a Report and Recommendation on Petition for Reconsideration (Report). We find that Labor Code section 5813 sanctions should not be imposed on petitioners. Labor Code section 5813 permits the award of sanctions, attorney’s fees and costs against a party who engages in “bad-faith actions or tactics that are frivolous or solely intended to cause delay.” Although the WCJ
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