Senior Helpers; Endurance Insurance, administered by First Comp Eleanor Castillo WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELEANOR CASTILLO, Applicant, vs.SENIOR HELPERS; ENDURANCE INSURANCE,administered by FIRST COMP, Defendants.Case Nos. ADJ6590798ADJ6590824(Pomona District Office)OPINION AND DECISION AFTER RECONSIDERATION We granted defendant Endurance Insurance Company and its administrator First Comp (collectively, defendant)’s Petition for Reconsideration on March 25, 2013 to further study the factual and legal issues in this case and to grant defendant’s request to file a supplemental response. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of a Findings of Fact (FF) issued by a workers’ compensation administrative law judge (WCJ) on December 27, 2012. In that FF, the WCJ found in pertinent part that there was no basis to award penalties or attorneys’ fees to defendant. Defendant contended that the WCJ erred in not awarding costs, sanctions or attorney’s fees. The WCJ issued a Report and Recommendation (Report) in response to the Petition for Reconsideration on February 6, 2012, which recommended denial of defendant’s petition. Lien claimant Mumtaz Ali, M.D., through his attorney Henry Khalili, filed a verified answer on February 22, 2013. He alleged that he had not received the petition for reconsideration from defendant until February 13, 2013, so that the answer was timely filed. We accept lien claimant’s Answer. On March 25, 2013, we granted reconsideration and granted defendant’s request to file a supplemental response. (See Cal. Code Regs., tit. 8, § 10848.) We ordered that the supplemental response was to only address evidence and issues raised in lien claimant’s answer. , On April 11, 2013, defendant timely filed the supplemental response, and we accept the supplemental response. We have reviewed the record and conside
Menu
