What the panel ordered
Petition for reconsideration granted; December 5, 2025 Findings of Fact rescinded; matter returned to trial level for further proceedings on petition for sanctions and costs filed May 29, 2024.
Petition for reconsideration filed by defendant California Insurance Guarantee Association (CIGA) challenging the December 5, 2025 Findings of Fact by the WCJ that the WCAB lacks jurisdiction over defendant's petition for sanctions and costs filed May 29, 2024.
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.
The WCAB maintains jurisdiction over the issues of penalties, sanctions, and costs after the lien claimant began proceedings on May 23, 2023, despite the lien being dismissed or adjudicated previously, due to the unique procedural history and continuous litigation.
From the decision · page 7While we understand that subject matter jurisdiction cannot be waived, the issue here is not lien claimant's lien, which was either dismissed by operation of law or adjudicated by WCJ Walker's January 16, 2020 Findings of Fact. The issues here are sanctions and costs, which were bifurcated, with jurisdiction reserved, on November 26, 2023. (MOHSOE dated November 23, 2023, Stipulation no. 24, p. 4:6-7.) As we said before, although ordinarily, a dismissal of a lien ends all proceedings with lien claimant, given the unique and extensive procedural history of litigation for almost two decades, as well as lien claimant's actions in repeatedly submitting himself to workers' compensation proceedings, we remain steadfast in our conclusion that the WCAB maintains jurisdiction to adjudicate the issues of penalties, sanctions, and costs after lien claimant began proceedings on May 23, 2023 even though the issue of his lien and the issue of