Nike, Inc. Cole-Haan; Old Republic Administered By Esis Pamela Van Zandt WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPAMELA VAN ZANDT, Applicantvs. NIKE, INC. COLE-HAAN; OLD REPUBLIC ADMINISTERED BY ESIS, Defendants.Case No. ADJ7010013OPINION AND ORDER WITHDRAWING NOTICE OF INTENTION TO IMPOSE SANCTIONS On June 28, 2010, we issued a nolicc of intention to assess a sanction pursuant to Labor Code section 5813. against Jeffrey N. Sardell, counsel for defendant. Old Republic Insurance, citing the filing of a frivolous petition for reconsideration from an order awarding attorney fees out of the temporary disability benefits paid to applicant Pamela Van Zandt. The notice of intention gave defendant fifteen days after service of the order to file a written objection demonstrating good cause to contest the imposition of a sanction. Defendant filed a timely response on luly 12. 2010. While apologizing to the Appeals Board for the impression that the petition for reconsideration was filed in bad faith or without merit, defendant asserts that it believed the petition was necessary. Defendant states that it anticipated applicant’s attorney would seek sanctions, costs and fees in connection with the award of attorney fees as pail of applicant’s attorney’s repealed effort to harass defendant and thwart its discovery’ in this case. Defendant notes that there have been myriad status conferences, expedited trials and ex pane walk-through petitions to slay subpoena duces tecum and to quash deposition subpoenas since applicant initiated this case only eight months ago.1 Defendant claims that it still has not been able to complete 1 Defendant states applicant’s attorney has filed “45 frivolous petitions for costs, sanctions and , applicant’s deposition or its discover)’. Defendant asserts that by obtaining ex parte orders quashing subpoena duces tecum and the deposition of persons most knowledgeable about applicant’s current income, applicant has prev
