Cris Aranda vs. Mortimer & Wallace, Inc.; Uninsured Employers Benefits Trust Fund; State National Insurance Company, Inc.; State Compensation Insurance Fund; Insurance Company Of The West, Icw Group Insurance Companies

This case involves a dispute between Cris Aranda (Applicant) and Mortimer & Wallace, Inc., Uninsured Employers Benefits Trust Fund, State National Insurance Company, Inc., State Compensation Insurance Fund, and Insurance Company of the West, ICW Group Insurance Companies (Defendants). Applicant requested reimbursement of costs expended by their counsel per Labor Code §5710, which was granted by a workers' compensation administrative law judge (WCJ). Defendant sought reconsideration of the Order, claiming that due to fraudulent statements and omissions made by Applicant during the deposition, the issue of deposition costs should have been deferred. The Workers' Compensation Appeals Board granted the Petition for Reconsideration, rescinded the WCJ's Order, and returned the

Mortimer & Wallace, Inc.; Uninsured Employers Benefits Trust Fund; State National Insurance Company, Inc.; State Compensation Insurance Fund; Insurance Company of the West, ICW Group Insurance Companies Cris Aranda WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA                CRIS ARANDA, Applicant,    vs.MORTIMER & WALLACE, INC.; UNINSURED EMPLOYERS BENEFITS TRUST FUND; STATE NATIONAL INSURANCE COMPANY, INC.;STATE COMPENSATION INSURANCE FUND; INSURANCE COMPANY OF THE WEST, ICW GROUP INSURANCE COMPANIES, Defendants.        Case No. ADJ9687683                OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant Mortimer & Wallace, Inc. (defendant) seeks reconsideration of the “Order Allowing    Reimbursement of Costs Expended by Applicant’sCounsel per Labor Code §5710” issued on March 24,    2015 (Order) by a workers’ compensation administrative law judge (WCJ) wherein defendant was    ordered to reimburse applicant’s counsel for costs of applicant’s deposition in the amount of $1,548.00.     Defendant contends that the issue of deposition costs should have been deferred in this matter    because of fraudulent statements and omissionsmade by applicant during the deposition at issue.     We received an Answer from applicant. We did not receive a Report and Recommendation from    the WCJ.     We have considered the allegations of the Petition for Reconsideration and the Answer. Based on    our review of the record, we will grantreconsideration, rescind the WCJ’s Order, and return this matter    to the WCJ for further proceedings and decision.     On March 23, 2015, applicant served defendant by U.S. Mail a “Petition and Request for    Reimbursement of Costs Expended by Applicant’s Counsel Per Labor Code §5710” (Petition and    Request). On the same date, the WCJ issued the Order which granted that Petition and awarded to     , applicant, against defendant, $1,548.00 in costs. On March 27, 2015, defendant receive

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