SCOTT CHUONG; FARMERS INSURANCE EXCHANGE GILBERTO SALDANA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAGILBERTO SALDANA, Applicant,vs.SCOTT CHUONG; FARMERS INSURANCE EXCHANGE, Defendants.Case No(s). ADJ7701496(Anaheim District Office)OPINION AND DECISION AFTER RECONSIDERATION AND ORDER IMPOSING SANCTIONS We previously granted applicant’s Petition for Reconsideration (Petition) and, on April 9, 2012, issued a notice of intention to order sanctions of $250.00 against applicant’s attorney pursuant to Labor Code section 5813 and WCAB Rule 10561 (Cal. Code Regs., tit. 8, § 10561). This is our Opinion and Decision After Reconsideration. Applicant sought reconsideration of the February 6, 2012 Findings and Order (Findings), wherein the workers’ compensation administrative law judge (WCJ) found that applicant was not employed by defendant Scott Chuong1 , the owner of the home where applicant was working on July 5, 2010 when he sustained industrial injury to his back, lower extremities, and hip. Instead, the WCJ found, applicant was employed by Filiberto Montano when he sustained his industrial injury. The WCJ ordered that applicant take nothing further from defendant Scott Chuong. We gave applicant’s attorney the opportunity to serve and file a written objection demonstrating good cause as to why sanctions should not be imposed, and, on April 20, 2012, applicant’s attorney filed a Written Objection of Good Cause (Objection). 1 Defendant Scott Chuong’s insurance carrier is referred to, variously, as Farmers (in applicant’s Application for Adjudication of Claim), Farmers Santa Ana (in the caption of applicant’s Petition for Reconsideration and the WCJ’s Report and Recommendation on Reconsideration), Farmers Insurance Exchange (in the Pre-Trial Conference Statement and the Minutes of Hearing and Summary of Evidence), and Fire Insurance Exchange (in applicant’s Declaration of Readiness to Proceed and in defendant’s Response to Petition for Reconsi
GILBERTO SALDANA vs. SCOTT CHUONG; FARMERS INSURANCE EXCHANGE
- Filed On:
- Court: Anaheim, California
- Case No. ADJ7701496
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