21ST CENTURY INSURANCE; and NATIONAL UNION FIRE INSURANCE COMPANY, TERRI M. CRUMPTON WORKERS COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATERRI M. CRUMPTON, Applicant,vs.21ST CENTURY INSURANCE; and NATIONAL UNION FIRE INSURANCE COMPANY,, Defendants).Case No.MON 0280037MON0280038ORDER IMPOSINGSANCTIONS(Lab. Code, §5813; Cal. Code Regs., tit. 8,§10561) On June 8. 2007, we issued a Notice of Intention to Impose Sanctions of $2,500 against Dan Escamilla (Escamilla), the hearing representative for lien claimant David Silver, M.D., absent a timely objection in which good cause to the contrary was set forth, for his bad-faith actions or tactics, as described in the Notice, which are frivolous or solely intended to cause unnecessary delay. Escamilla filed a timely response to the Notice in which, in relevant part, he reiterated his prior comments attempting to justify his bad-faith actions or tactics. However, nothing in the response answered the allegations set forth in our Notice. Therefore, for the reasons previously stated in the Notice of Intention to Impose Sanctions of June 8, 2007, which we incorporate, sanctions will be assessed in the amount of $2,500. For the foregoing reasons.IT IS ORDERED that DAN ESCAMILLA shall pay sanctions of $2,500.00, within twenty (20) days after service of this Order, to Dennis J. Hannigan, Secretary and Deputy Commissioner, Workers’ Compensation Appeals Board. P.O. Box 429459. San Francisco. CA 94142-9459, ATTENTION: Annette Gabrielli, for transmittal to the General Fund. , IT IS FURTHER ORDERED that this matter is RETURNED to the trial level workers’ compensation administrative law judge for further proceedings, as necessary, and decision regarding the reasonable expenses incurred by defendant because of Dr. Silver’s bad-faith actions or tactics consistent with our prior opinion of June 8, 2007.WORKERS’ COMPENSATION APPEALS BOARD________________________________________RONNIE G. CAPLANEI CONCUR,____
Terri M. Crumpton vs. 21st Century Insurance; And National Union Fire Insurance Company,
In this case, the Workers' Compensation Appeals Board issued a Notice of Intention to Impose Sanctions of $2,500 against Dan Escamilla, the hearing representative for lien claimant David Silver, M.D., for his bad-faith actions or tactics. Escamilla filed a response to the Notice, but it did not answer the allegations set forth in the Notice. As a result, the Board imposed sanctions in the amount of $2,500 and returned the matter to the trial level workers' compensation administrative law judge for further proceedings.
- Filed On:
- Court: California, San Francisco
- Case No. MON0280037
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