U.S. FOOD SERVICE, INC. and SENTRY INSURANCE, KAREN GORY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKAREN GORY, Applicant,vs.U.S. FOOD SERVICE, INC. andSENTRY INSURANCE, Defendant(s).Case No. ADJ1180690 (OAK 0281569)OPINION AND DECISION AFTER RECONSIDERATION On May 14, 2009, on our own motion, we granted reconsideration of the Order Imposing Monetary Sanctions dated March 13, 2009, and served on March 19, 2009. This is our Decision After Reconsideration. In the Order Imposing Monetary Sanctions, the workers’ compensation administrative law judge (WCJ) ordered sanctions of $1,000.00, against Medicare for its failure to appear at a duly noticed conference, after being ordered to do so. For the reasons discussed below, we will vacate the Order Imposing Monetary Sanctions. In his Notice of Intention to Award Monetary Sanctions, served on March 5, 2009, the WCJ summarized the factual background of this case, as follows: “In a cumulative period ending August 21, 2000, Karen Gory, while employed by U.S. Foodservice, Inc., insured by Sentry Claims Services, sustained injury arising out of and occurring in the course of her employment to her bilateral upper extremities, back, and psyche. On November 16, 2007, her claim was settled by Compromise and Release. In the Order Approving Compromise and Release, the Workers’ Compensation Judge specifically found that there was a good faith issue as to whether Applicant had sustained injury to her cervical spine. This finding was based upon the reporting of John D. Warbritton, III, M.D., who acted as Agreed Medical Evaluator between the parties and gave the opinion that the cervical spine condition was ‘entirely , unrelated to the cumulative trauma claim.’ As part of the consideration for the Compromise and Release, Defendant undertook to pay, adjust, or litigate the only lien of record, which had been
