ADJ14289195 — California WCAB decision

What the panel ordered

Petition for reconsideration granted; prior Findings and Award rescinded; new Findings and Order denying all attorney fees and costs requests issued

Petition for reconsideration of Findings and Award denied by WCA, granted by WCAB panel, rescinding prior F&A and substituting new Findings and Order

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What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Sanctions under Labor Code §5813Defendant prevailed

The WCAB found no sanctionable conduct by applicant's attorney and denied all attorney fees and sanctions requests due to lack of proof of entitlement to additional fees.

From the decision · page 3II. Section 5813(a) provides for sanctions for "bad-faith actions or tactics which are frivolous or solely intended to cause unnecessary delay." (Lab. Code, § 5813(a).) These include "actions or tactics that result from a willful failure to comply with a statutory or regulatory obligation, that result from a willful intent to disrupt or delay the proceedings of the Workers' Compensation Appeals Board, or that are done for an improper motive or are indisputably without merit." (Cal. Code Regs., tit. 8, § 10421.) Here, as explained further below, we do not agree that applicant's attorney's petition seeking fees pursuant to section 5710 was indisputably without merit or otherwise displayed sanctionable conduct. Sanctions are designed to punish litigation abuses and to provide the court a tool for curbing improper legal tactics and controlling their calendars. (Duncan v. Workers' Comp. Appeals Bd. (2008) 166 Cal.App.4th 294, 302.) An argument that is unmeritorious is not necessarily frivolous, which can be defined as "not having any serious purpose or value". (See "Frivolous", Google Dictionary, retrieved September 13, 2024, from http://www.google.com.) Section 5710 provides, in pertinent part, as follows:

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Labor Code section 5710

Labor Code section 5710 authorizes attorney's fees for deposition-related expenses.

The WCAB reviewed the statute and found no error in the WCA's denial of additional attorney's fees under this section.

From the decision · page 4of Part 4 of the Code of Civil Procedure. To that end the attendance of witnesses and the production of records may be required.... (b) If the employer or insurance carrier requests a deposition to be taken of an injured employee, or any person claiming benefits as a dependent of an injured employee, the deponent is entitled to receive in addition to all other benefits: (1) All reasonable expenses of transportation, meals, and lodging incident to the deposition. (2) Reimbursement for any loss of wages incurred during attendance at the deposition. (3) One copy of the transcript of the deposition, without cost. (4) A reasonable allowance for attorney's fees for the deponent, if represented by an attorney licensed by the State Bar of this state. The fee shall be discretionary with, and, if allowed, shall be set by, the appeals board, but shall be paid by the employer or his or her insurer... (§ 5710 [Emphasis added].)

Labor Code section 5813

Labor Code section 5813 authorizes sanctions for bad-faith actions or tactics which are frivolous or solely intended to cause unnecessary delay.

The WCAB found applicant's attorney's conduct was not sanctionable under this section.

From the decision · page 3II. Section 5813(a) provides for sanctions for "bad-faith actions or tactics which are frivolous or solely intended to cause unnecessary delay." (Lab. Code, § 5813(a).) These include "actions or tactics that result from a willful failure to comply with a statutory or regulatory obligation, that result from a willful intent to disrupt or delay the proceedings of the Workers' Compensation Appeals Board, or that are done for an improper motive or are indisputably without merit." (Cal. Code Regs., tit. 8, § 10421.) Here, as explained further below, we do not agree that applicant's attorney's petition seeking fees pursuant to section 5710 was indisputably without merit or otherwise displayed sanctionable conduct. Sanctions are designed to punish litigation abuses and to provide the court a tool for curbing improper legal tactics and controlling their calendars. (Duncan v. Workers' Comp. Appeals Bd. (2008) 166 Cal.App.4th 294, 302.) An argument that is unmeritorious is not necessarily frivolous, which can be defined as "not having any serious purpose or value". (See "Frivolous", Google Dictionary, retrieved September 13, 2024, from http://www.google.com.) Section 5710 provides, in pertinent part, as follows:

ADJ14289195 · September 13, 2024

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