Daniel Ungureanu vs. A. Teichert & Son, Permissibly Self- Insured, Adjusted By York Insurance Services Group, Inc.

This case involves Daniel Ungureanu's petition for reconsideration of four workers' compensation cases against A. Teichert & Son, Permissibly Self-Insured, Adjusted By York Insurance Services Group, Inc. The Workers' Compensation Appeals Board removed the matter to consider whether or not the imposition of sanctions was justified for applicant’s bad faith action of filing a petition for reconsideration that alleged fraud, conspiracy, perjury, and other criminal activity after he had been admonished not to do so. The Board ultimately imposed a sanction of $500 against the applicant for his repeated unsubstantiated allegations of criminal activity.

A. Teichert & Son, Permissibly Self- Insured, Adjusted By York Insurance Services Group, Inc. Daniel Ungureanu WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADANIEL UNGUREANU, Applicant,vs.A. TEICHERT & SON, Permissibly Self- Insured, Adjusted By YORK INSURANCE SERVICES GROUP, INC., Defendants.Case Nos. ADJ3204491 (SAC 0348071); ADJ1881599 (SAC 0348072); ADJ1315585 (SAC 0348073); ADJ1203378 (SAC 0348074)OPINION AND DECISION AFTER REMOVAL AND ORDER IMPOSING SANCTIONS (LAB. CODE § 5813)            On September 27, 2010, we dismissed the petition for reconsideration filed by applicant because it was not taken from a final order. However, we removed the matter to the Appeals Board on our own motion, pursuant to Labor Code section 5310. to consider whether or not the imposition of sanctions was justified for applicant’s bad faith action of filing a petition for reconsideration thai alleged fraud, conspiracy, perjury, and other criminal activity after he had been admonished not to do so. We also issued a Notice of Intention to Issue Sanctions (NIT) giving notice that, under Labor Code section 58131 and Appeals Board Rule 10562 (Cal. Code Regs., tit. 8, § 10562), we intended to impose sanctions of S500.00 against applicant based on our tentative opinion that his repealed unsubstantiated allegations constituted an abuse of the workers’ compensation system. We slated: ‘‘Absent a timely objection and demonstration of good cause to the contrary, within 15 days after service of this decision, sanctions in the amount of S500.00 will be assessed, payable to Fredrick T. Dietrich, Secretary of the Appeals Board to be transmitted to the General Fund.’’ 1 Unless otherwise stated, all further statutory references are to the Labor Code. ,             Applicant has filed a timely response to our NIT, alleging illegal activities committed by the insurance company, defense attorney, the QMEs, the WCJ, this Appeals Board and the Workers’ Compensation Appeals Board (WCAB) in general

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