Golden State Vinters and State Compensation Insurance Fund, Jerry Williams WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJERRY WILLIAMS, Applicant, vs. GOLDEN STATE VINTNERS and STATE COMPENSATION INSURANCE FUND, DefendantsCase Nos. ADJ739750 (FRE 0217695); ADJ3422922 (FRE 0217696); ADJ4620151 (FRE 0217213)OPINION AND ORDER DISMISSING NOTICE OF INTENTIONS TO IMPOSE SANCTIONS On August 26, 2010, we issued a Notice of Intention To Impose Sanctions on defendant State Compensation Insurance Fund (SCIF) for failing to provide a computer printout of benefits pursuant to WCAB Rule 10607 (Cal. Code Regs., tit. 8. § 10607). On September 9. 2010. SCIF tiled an Objection To the Notice of Intent To Impose Sanctions. SCIF states that the attorney who appeared at the mandatory settlement conference (MSC) on December 8. 2009, who is no longer employed by SCIF. had the printout available for inspection at that hearing. This contention is supported by the Declaration of Desiree A. Mercado, a senior legal typist who prepared the case files for the MSC. SCIF also states that it listed the printout as an exhibit prior to trial but did not offer it at trial. We have not received a response from applicant. Upon further review of the case files in this matter, we find no mention of the printout in the pre-trial conference statement filed at the MSC. Furthermore, although SCIF did include the printout in a list of proposed exhibits that it filed on January 29, 2010, the list is not accompanied by any documents. The printout was not scanned into FAMS. We are unable to find it in the paper file. SCIF admits that it did not offer the printout into evidence. Nonetheless, we accept SCIFs statement that the printout was available at the MSC and at trial, and that it did not withhold the printout as a “bad faith action or tactic … which results from , a willful failure to comply with a statutory or regulatory obligation” (WCAB Rule 10561).
