STEVEN LUEVANO vs. JUNIOR’S CAR STEREO; FIRST COMP OMAHA FOR ENDURANCE INSURANCE COMPANY

This case is about Steven Luevano, who sought reconsideration of an Order issued by the workers' compensation administrative law judge (WCJ) that dismissed his case without prejudice for failure to prosecute. The WCJ found no good cause for the delay and the Appeals Board affirmed the Order and imposed sanctions jointly and severally against applicant's attorneys Craig Holiday and Perona, Langer, Beck, Serbin & Mendoza of $1,500.00 for bad-faith actions and tactics which were frivolous or solely intended to cause unnecessary delay.

JUNIOR’S CAR STEREO; FIRST COMP OMAHA FOR ENDURANCE INSURANCE COMPANY STEVEN LUEVANO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASTEVEN LUEVANO, Applicant,vs.JUNIOR’S CAR STEREO; FIRST COMP OMAHA FOR ENDURANCEINSURANCE COMPANY, Defendants.Case No. ADJ7354587(Long Beach District Office)OPINION AND DECISION AFTER RECONSIDERATION ORDEROF APPEALS BOARD RE: SANCTIONS            Applicant Steven Luevano (applicant) sought reconsideration of the Order issued on March 29, 2012, by the workers’ compensation administrative law judge (WCJ). In that Order, the WCJ dismissed his case without prejudice for failure to prosecute pursuant to Appeals Board Rule 10582 (Cal. Code Regs., tit. 8,§ 10582) [Rule 105821. Applicant contended that the WCJ erred because he was entitled to a second opinion within the MPN [Medical Provider Network] and judicial economy was best served by allowing the parties to proceed with a medical evaluation by a Panel Qualified Medical Evaluator (PQME) or an Agreed Medical Evaluator (AME) or to discuss settlement.            We received an answer from defendant. We received a Report and Recommendation on Petition for Reconsideration (Report) from the WCJ which recommended that the petition be denied.            On June 18, 2012, we granted applicant’s petition for reconsideration to issue notice of our intention to impose sanctions pursuant to Labor Code1 section 5813 and Appeals Board Rule 10561 (Cal. Code Regs., tit. 8, § 10561) [Rule 10561] jointly and severally against applicant’s attorneys Craig Holiday and Perona, Langer, Beck, Serbin & Mendoza. We gave notice that any objection was to be filed within fifteen (15) days and ordered that all documents were to be filed at the Appeals Board, Office of the Commissioners (Appeals Board) and not e-filed in EAMS. 1 Unless otherwise stated, all statutory references are to the Labor Code. ,             No documents have been filed by any party at the Appeals Board since our order of June 18 2012.      

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