Sears Roebuck & Co; ACE-USA Josenia Tan WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOSENIA TAN, Applicant,vs.SEARS ROEBUCK & CO; ACE-USA, Defendants.Case No. ADJ7603706OPINION AND ORDERS DISMISSING PETITION FOR REMOVAL, GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks removal of this case to the Appeals Board or reconsideration of the June 21, 2011 Order Imposing Sanctions of the workers’ compensation administrative law judge (WCJ), who ordered defendant to pay sanctions in the total amount of $350 .for failing to produce information as ordered by the WCJ and for failing to appear at a hearing. It is admitted that applicant incurred cumulative trauma industrial injury to her wrists and elbows during the period June 28, 2000 through March 19, 2009, while working for defendant as a cashier. Her claim for workers’ compensation benefits continues to be addressed at the trial level. Defendant contends that the WCJ did not follow proper procedures in imposing sanctions and that the sanctions order is not supported by good cause. The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report) recommending that the sanctions order be affirmed. Reconsideration is granted and the sanctions order is rescinded as our Decision After Reconsideration. Although defendant failed to appear at a hearing and did not produce information in the form expected by the WCJ, the record does not in our view sufficiently establish that those failures were the result of willful bad-faith actions or tactics that were frivolous or solely intended to cause unnecessary delay as described in Labor Code section 5813(a) and our Rules, such that the exercise of , our discretion does not support affirmation of the sanctions.1 Instead, we exercise our discretion to rescind the June 21, 2011 sanctions order. Because the sanctions order is rescinded, defendant’s petition for re
Josenia Tan vs. Sears Roebuck & Co; Ace-usa
In this case, Sears Roebuck & Co; ACE-USA was ordered to pay sanctions in the amount of $350 for failing to produce information as ordered by the workers' compensation administrative law judge (WCJ) and for failing to appear at a hearing. The WCJ provided a Report and Recommendation on Petition for Reconsideration recommending that the sanctions order be affirmed. The Appeals Board granted the petition for reconsideration and rescinded the June 21, 2011 sanctions order, finding that the record did not sufficiently establish that the failures were the result of willful bad-faith actions or tactics that were frivolous or solely intended to cause unnecessary delay. The petition for removal was dismissed as moot.
- Filed On:
- Court: California, San Francisco
- Case No. ADJ7603706
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.