Innovative Facility Services; Gallagher Bassett Services, In., third-party administrator for Zurich-American Insurance Co. Gabriela Medina WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGABRIELA MEDINA, Applicant,vs.INNOVATIVE FACILITY SERVICES; GALLAGHER BASSETT SERVICES, IN., third-party administrator for ZURICH-AMERICAN INSURANCE CO., Defendants.Case Nos. ADJ717785 (MON 0357270)ADJ2210479 (MON 0357271)ADJ4156131 (MON 0357272)ADJ2088727 (MON 0357273)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Dr. Arthur Malkin, through his hearing representative, Lee Toney (lien claimant), seeks reconsideration of the joint Findings and Order (F&O) issued on December 1, 2010, wherein the workers’ compensation administrative law judge (WCJ) found that lien claimant caused unreasonable and unnecessary delays in these cases, which, in turn, caused defendant to unnecessarily incur costs in the amount of $1,366.00. The F&O ordered lien claimant and his hearing representative jointly and severally to pay defendant costs in the amount of $1,366.00 and sanctions in the amount of $1,366.00. Lien claimant contends that the WCJ erred in assessing costs and sanctions against him and his hearing representative under Labor Code section 5813 because no finding was made that lien claimant or its representative engaged in bad-faith actions or tactics that are frivolous or solely intended to cause unnecessary delay. Lien claimant further asserts that the WCJ improperly sanctioned him for exercising his right to seek reconsideration. We have not received a Report and Recommendation on Petition for Reconsideration , (Report) from the WCJ because he has now retired and is not available to prepare a Report. We have received an answer from defendant requesting that the WCJ’s decision be affirmed and that we order additional costs, fees and sanctions against lien claimant and his hearing representative. Additionally, defendant
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