Home/Case Law/Carlos Penaloza vs. TMP SERVICES, INC., INSURANCE COMPANY OF THE WEST
Regular DecisionReconsideration

Carlos Penaloza vs. TMP SERVICES, INC., INSURANCE COMPANY OF THE WEST

Filed: Jun 08, 2012
San Francisco
ADJ4595703 (LBO 0379028)

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration to find defendant liable for sanctions due to its repeated failure to serve medical reports on the lien claimant as required by WCAB Rule 10608. This failure, despite multiple requests and two judicial orders, constituted sanctionable conduct for causing unnecessary delay and was not excused by inadvertence. The case is remanded to the trial level for determination of the lien claimant's reasonable expenses and any additional sanction up to $2,500.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration to find defendant liable for sanctions due to its repeated failure to serve medical reports on the lien claimant as required by WCAB Rule 10608. This failure, despite multiple requests and two judicial orders, constituted sanctionable conduct for causing unnecessary delay and was not excused by inadvertence. The case is remanded to the trial level for determination of the lien claimant's reasonable expenses and any additional sanction up to $2,500.

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