COUNTY OF LOS ANGELES CHILDREN AND FAMILY SERVICES, permissibly self-insured, administered by ACCLAMATION MANAGEMENT SERVICES SHIRLEY KING WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASHIRLEY KING, Applicant,vs.COUNTY OF LOS ANGELES CHILDREN AND FAMILY SERVICES, permissibly self-insured,administered by ACCLAMATION MANAGEMENT SERVICES, Defendants.Case No. ADJ2570253 (MON 0342254)(Marina del Rey District Office)ORDER DENYING RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in said report which we adopt and incorporate, we will deny reconsideration. We are, moreover, extending to the WCJ’s finding on credibility the great weight to which it is entitled (see Garza v. Workers’ Comp. Appeals Bd. (1970) 3 Cal.3d 312, 35 Cal.Comp.Cases 500). We further note that defendant has filed an Answer in which sanctions are requested against applicant, pursuant to Labor Code section 5813. On page three of his Report, the WCJ states that applicant was “willfully dishonest at trial,” and the WCJ agrees that sanctions should be considered. In order to address the issue of sanctions, defendant should file a petition for sanctions at the trial level (§ 5813, subd. (b)), and it is the WCJ who should consider the issue because the offending conduct happened in front of him. This Appeals Board has the “power and jurisdiction to do all things necessary or convenient in the exercise of any power or jurisdiction conferred upon it under this [Labor] code.” Therefore, although we are denying applicant’s Petition for Reconsideration, we will also issue an order returning this matter to the trial level for further proceedings on sanctions by the WCJ./// , For the foregoing reasons, IT IS ORDERED that said Petiti
SHIRLEY KING vs. COUNTY OF LOS ANGELES CHILDREN AND FAMILY SERVICES, Permissibly Self-insured, Administered By ACCLAMATION MANAGEMENT SERVICES
is a case involving Shirley King, an applicant, and the County of Los Angeles Children and Family Services, permissibly self-insured, administered by Acclamation Management Services, the defendants. The Workers' Compensation Appeals Board denied the Petition for Reconsideration, and returned the matter to the trial level for further proceedings on sanctions by the WCJ. The WCJ found that the applicant was willfully dishonest at trial and the Appeals Board extended to the WCJ's finding on credibility the great weight to which it is entitled.
- Filed On:
- Court: California, Marina del Rey
- Case No. ADJ257025
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