Home/Case Law/MICHAEL GERTH vs. LABORATORY CORPORATION OF AMERICA, ACE AMERICAN INSURANCE COMPANY
Regular DecisionReconsideration

MICHAEL GERTH vs. LABORATORY CORPORATION OF AMERICA, ACE AMERICAN INSURANCE COMPANY

Filed: Sep 20, 2013
San Diego
ADJ7586945

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding that the defendant's petition contained material misrepresentations and presented arguments "indisputably without merit." Specifically, the defendant misrepresented evidence regarding the Agreed Medical Examiner's opinion on injury AOE/COE and incorrectly claimed the applicant's employment was terminated for cause. The Board also issued a notice of intention to impose sanctions up to $1,200 against the defendant and their attorneys for frivolous tactics and misstatements of law, particularly regarding the non-apportionment of medical treatment costs.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration of a prior award, finding that the defendant's petition contained material misrepresentations and presented arguments "indisputably without merit." Specifically, the defendant misrepresented evidence regarding the Agreed Medical Examiner's opinion on injury AOE/COE and incorrectly claimed the applicant's employment was terminated for cause. The Board also issued a notice of intention to impose sanctions up to $1,200 against the defendant and their attorneys for frivolous tactics and misstatements of law, particularly regarding the non-apportionment of medical treatment costs.

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