Loretta Clements vs. Siskiyou Joint Community College, Permissibly Self-insured, Adjusted By Keenan Associates Rancho Cordova

This case is about Loretta Clements appealing to the Workers' Compensation Appeals Board against Siskiyou Joint Community College for a workers' compensation claim. The Board issued a Notice of Intention to Impose Sanctions against the defendant's attorneys for filing a frivolous petition for reconsideration. The defendant's attorney filed written objections to the Notice of Intention to Impose Sanctions, asserting that the petition was filed to clarify the findings with regard to the applicant's date of injury. The Board agreed and withdrew the Notice of Intention to Impose Sanctions.

Siskiyou Joint Community College, Permissibly Self-Insured, Adjusted by Keenan Associates Rancho Cordova Loretta Clements WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALORETTA CLEMENTS, Applicant,vs.SISKIYOU JOINT COMMUNITY COLLEGE, Permissibly Self-Insured,Adjusted by KEENAN ASSOCIATES RANCHO CORDOVA, Defendant(s).Case No. ADJ3429954 (RDG 0130970), ADJ522968 (RDG 0130844),ADJ770576 (RDG 0130845)OPINION AND DECISION AFTER REMOVAL            On April 23, 2010, we removed this matter to the Appeals Board on our own motion pursuant to Labor Code section 5310 and issued a Notice of Intention to Impose Sanctions against defendant’s attorneys, absent a timely written objection demonstrating good cause to the contrary, for filing what we characterized as a frivolous petition for reconsideration,.            Defendant’s attorney timely filed written objections to the Notice of Intention to Impose Sanctions, asserting that the second successive petition for reconsideration was filed to clarify the findings with regard to applicant’s date of injury. While defendant’s effort to clarify the record was ambiguous and not well stated, we do concur with defendant that it was not frivolous. Therefore, as our decision after removal, we shall withdraw the Notice of Intention to Impose Sanctions. ,             For the foregoing reasons,            IT IS ORDERED that as our Decision After Removal, the Notice of Intention to Impose Sanctions, issued April 23, 2010, is WITHDRAWN.WORKERS’ COMPENSATION APPEALS BOARD________________________________________RONNIE G. CAPLANEI CONCUR,_________________________________________FRANK M. BRASS_________________________________________DEPUTYNEIL P. SULLIVANDATED AND FILED AT SAN FRANCISCO, CALIFORNIAJUNE 21 2010SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:Loretta ClementsRobert BicegoHanna, Brophy, MacLean, McAleer & JensenSV/jp ADJ3429954 , ADJ522968 ,

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