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 DENYING PETITION FOR RECONSIDERATION AND NOTICE OF INTENTION TO IMPOSE SANCTIONS (LAB. CODE § 5813) Defendant, Old Republic Insurance, on behalf of its insured, Nike, Inc/Cole Haan, seeksreconsideration of the Findings and Award, issued April 15, 2010, in which a workers’ Compensation administrative law judge (WCJ) found, following an expedited hearing, that applicant Pamela Van Zandt, is entitled to temporary disability from September 1, 2009 to thepresent and continuing, and awarded applicant’s attorney a reasonable fee equivalent to 15% of thetemporary disability benefits paid from September 1,2009 to March 18, 2010. Defendant’s petition challenges not the finding of temporary disability but the award of areasonable attorney’s fee payable out of applicant’s award of temporary disability. Defendant contends the WCJ acted without or in excess of his powers by awarding an attorney’s fee where the issue of such fees was not raised at the expedited hearing. Defendant contends that applicant’s attorney waived his right to receive a fee. Applicant’s attorney has filed an answer to defendant’spetition. As defendant’s petition is predicated upon a factual error and because defendant is notaggrieved by an award of fees to be paid out of applicant’s benefits, we shall deny this petition forreconsideration. Additionally, as defendant’s petition is facially frivolous, we shall issue notice of , our intention to impose a sanction against defendant pursuant to Labor Code section 5813. I. This matter was heard at expedited hearing on March 8, 2010, and March 18, 2010, on theissue of applicant’s entitlement to temporary disability, including partial temporary disability from September 1, 2009 to the present and c
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