Case Law Database

CESAREO LAGOS, vs. CAMBRO MANUFACTURING COMPANY;, ZURICH NORTH AMERICA; STATE COMPENSATION INSURANCE FUND,

The Appeals Board granted reconsideration and rescinded a $500.00 sanction order against lien claimant Asher E. Esagoff and representative Lila Ramirez. Although the WCJ found they failed to meet their burden of proof at trial, the Board determined their conduct did not rise to the level of bad faith required for Labor Code section 5813 sanctions. The Board distinguished this case from prior precedent, noting the lien claimant presented medical reports and authorization requests, even if some were excluded. Therefore, the lien claimant and representative were found not subject to the sanctions.