Kaiser Permanente, permissibly self-insured and administered by Sedgwick Claims Management Services Lisa Hill Sanders WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALISA HILL SANDERS, Applicant,vs.KAISER PERMANENTE, permissibly self- insured and administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants.Case No. ADJ11998519OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on November 13, 2019. As relevant herein, the WCJ found that the attorney (Law Office of Deanna Kapelnikov) for cost petitioner panel qualified medical evaluator (QME) Dr. Elena Konstat was entitled to attorney’s fees in the amount of $2,2250.00 for work associated with the non-lBR petition pursuant to WCAB Rule 10451.1 (Cal. Code Regs., tit. 8, § 10451.1),1 that sanctions against defendant were not applicable, and that defendant did not demonstrate that the cost petitioner or her attorney acted with bad faith or engaged in frivolous action to warrant sanctions. The WCJ ordered that defendant pay $2,250.00 to cost petitioner’s attorney for her attorney’s fees, and that neither party is entitled to sanctions. Defendant contends that the WCJ erred when she awarded cost petitioner’s attorney’s fees, when the WCJ did not issue sanctions against cost petitioner’s attorney, and when the WCJ did not address defendant’s request for costs. Cost petitioner did not file an answer. The WCJ issued a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. 1 Effective January 1,2020. WCAB Rule 10451.1 is now 10786. , Wc have considered the allegations of the Petition for Reconsideration (Petition) and the contents of the Report of the WCJ with respect thereto. Based on our review of the record, and for the reasons discussed below, we will gr
Lisa Hill Sanders vs. Kaiser Permanente, Permissibly Self-insured And Administered By Sedgwick Claims Management Services
In this case, Lisa Hill Sanders, an employee of Kaiser Permanente, was injured while on the job and sought medical-legal services from a panel qualified medical evaluator (QME). The QME billed Kaiser Permanente for her services, but Kaiser Permanente underpaid the bill. The QME then hired an attorney to pursue collection, and the parties eventually settled the dispute for $6,190.79, excluding attorney's fees. The Workers' Compensation Appeals Board granted reconsideration of the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on November 13, 2019, and rescinded the Findings and Order, substituting a new Findings and Order to reflect that
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ11998519
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