Vulcan Materials Co., Permissibly Self-Insured; and Zurich North America (Adjusting Agent) Louis Speight WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALOUIS SPEIGHT, Applicant,vs.VULCAN MATERIALS CO., Permissibly Self-Insured; andZURICH NORTH AMERICA (Adjusting Agent), Defendant(s).Case No. ADJ6551691OPINION AND DECISION AFTER REMOVAL NOTICE OF INTENTION TO IMPOSE SANCTIONS, ATTORNEY’S FEES, AND COSTS AGAINST DEFENDANT’S COUNSEL On December 21, 2009, we granted the petition for removal filed by Vulcan Materials Company, by and through its adjusting agent, Zurich North America (collectively, defendant). We concurrently issued a notice of intention to admit documentary evidence that had been submitted with that petition, including defendant’s February 13, 2009 and June 5, 2009 requests to the Medical Director of the Division of Workers’-Compensation (DWC) to issue a qualified medical evaluator (QME) panel.1 In its verified petition for removal, defendant contended that the Medical Director “never issued the panel ” On March 9, 2010, we admitted the documentary evidence that defendant had submitted, rescinded the August 19, 2009 order of the workers’ compensation administrative law judge (WCJ) setting this matter for trial, and ordered the Medical Director to issue a QME panel as requested by defendant on February 13, 2009 and June 5,2009. On March 20, 2010. DWC filed a petition, seeking reconsideration of our March 9, 2010 decision. DWC asserted that the Medical Director had responded to defendant’s February 13, 2009 and June 5, 2009 QME panel requests; that the requests had been denied due to defendant’s 1 It is the Medical Director who i.s responsible for issuing QME panels. (Lab. Code, $ 139.2(h)(1), see alio §§4061(d), 4062(a), 4062.1(b).) , failures to comply with Labor Code section 4062.2 (b)2 and Administrative Director Rule 30(bX2) (Cal. Code Regs., tit. 8. § 30(bX2)), respectively; that defendant had been n
