California State University Fullerton, Legally Uninsured, Administered By Sedgwick Claims Management Services Wai Sam Leong WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWAI SAM LEONG, Applicant,vs.CALIFORNIA STATE UNIVERSITY FULLERTON, LEGALLY UNINSURED, Administered By SEDGWICK CLAIMSMANAGEMENT SERVICES, Defendants.Case No. ADJ7703832 (Anaheim District Office)OPINION AND DECISION AFTER RECONSIDERATION AND ORDER IMPOSING SANCTIONS We previously granted defendant’s Petition for Reconsideration (Petition) and, on November 16, 2012, issued a notice of intention to (1) order sanctions of up to $2,500.00 against defense counsel John Langevin and his law firm, Floyd, Skeren, & Kelly, LLP, jointly and severally, pursuant to Labor Code section 58131 and WCAB Rule 10561 (Cal. Code Regs., tit. 8, § 10561), plus attorney’s fees and costs to applicant’s counsel in an amount to be adjusted by the parties or later determined by the WCJ; and (2) amend the August 27, 2012 Findings & Order to include defense counsel John Langevin and Floyd, Skeren & Kelly, LLP in the workers’ compensation administrative law judge’s (WCJ) order of sanctions payable to the General Fund and the WCJ’s order of $1,600.00 in attorney’s fees to be paid to applicant’s counsel and otherwise affirm the WCJ’s decision. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the Findings & Order issued by the WCJ on August 27, 2012. In that decision, the WCJ ordered sanctions against defendant for asserting positions that were without merit and engaging in conduct that was solely intended to cause unnecessary delay, citing three specific tactics: first, defendant objected to the panel Qualified Medical Evaluator (QME) request because it was requested under section 4061/4062 and not 4060; second, defendant informed the 1 Unless otherwise specified, all further statutory references are to the Labor Code. , report would not be admissible; and thi
Wai Sam Leong vs. California State University Fullerton, Legally Uninsured, Administered By Sedgwick Claims Management Services
In this case, California State University Fullerton was found to be legally uninsured and administered by Sedgwick Claims Management Services. The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration and issued a notice of intention to impose sanctions of up to $2,500.00 against defense counsel John Langevin and his law firm, Floyd, Skeren, & Kelly, LLP, jointly and severally, pursuant to Labor Code section 58131 and WCAB Rule 10561, plus attorney's fees and costs to applicant's counsel. The Board affirmed the WCJ's decision, except that they amended it to include defense counsel John Langevin and Floyd, Skeren & Kelly, LLP in the WCJ's order of sanctions payable to
- Filed On:
- Court: Anaheim, California
- Case No. ADJ7703832
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